Karnataka High Court
B G Jagannath vs The Chief Secretary on 17 July, 2019
Author: P.B.Bajanthri
Bench: P. B. Bajanthri
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JULY 2019
BEFORE
THE HON'BLE MR.JUSTICE P. B. BAJANTHRI
WRIT PETITION NOS.17949-18007/2019(S-RES)
BETWEEN:
1. B G JAGANNATH
S/O LATE B GUNDAPPA
AGED ABOUT 71 YEARS,
RETIRED WORK INSPECTOR
R/O NO.683 16TH MAIN
6TH CROSS SARASWATHIPURAM
MYSORE -570 009.
2. B KARIYANNA
S/O BEERANNA
AGED ABOUT 67 YEARS,
RETIRED WORK INSPECTOR
R/O NO.208 8TH E MAIN
NGEF LAYOUT 2ND A CROSS
SADANANDA NAGAR
BENGALURU-560 038.
3. M S VENKATESH
S/O LATE M SUBRAMANYAN
AGED ABOUT 66 YEARS,
RETIRED WORK INSPECTOR
R/O NO.522 3RD E MAIN
HEALTH LAYOUT, SREEGANDADAKAVAL
BENGALURU-560 091.
4. R NAGARAJU
S/O LATE RAMAIAH
AGED ABOUT 66 YEARS,
RETIRED WORK INSPECTOR
-2-
R/O NO.92/2-1, 4TH MAIN
GOVINDARAJANAGAR
BENGALURU-560 040.
5. P HANUMANTHARAYAPPA
S/O LATE A M PILLAPPA
AGED ABOUT 67 YEARS,
RETIRED WORK INSPECTOR
R/O NO.161/B MIRZA ROAD,
SREE MANJUNATHA LAYOUT,
ANEKAL POST BENGALURU-560 006.
6. CHOWDAIAH
S/O LATE CHOWDAIAH P
AGED ABOUT 67 YEARS
RETIRED WORK INSPECTOR,
R/O NO.120/7, 26TH CROSS,
6TH BLOCK, JAYANAGAR,
BENGALURU-560083.
7. L. RAMASWAMY
S/O LATE G LAKSHMINARAYANA SHASTRY
AGED ABOUT 65 YEARS
RETIRED WORK INSPECTOR,
R/O NO.19/1, 2ND CROSS,
LALBAGH SIDDAPURA, 1ST BLOCK,
JAYANAGAR, BENGALURU 560 011.
8. HANUMANTHAPPA
S/O HANUMAIAH
AGED ABOUT 66 YEARS
RETIRED WORK INSPECTOR,
R/O NO.32, 7TH MAIN, 8TH CROSS
ITTAMADU BSK III STAGE,
BENGALURU 560 085.
9. DEVAIAH
S/O LATE NANJUNDAIAH
AGED ABOUT 71 YEARS
RETIRED WORK INSPECTOR,
R/O NO.14, 1ST MAIN, 2ND CROSS,
MUNESHWARA LAYOUT,
BENGALURU 560 079.
-3-
10. SHANKAR K
S/O LATE L. KRISHNA
AGED ABOUT 45 YEARS
R/O NO.U-13, IST CROSS,
DAYANAND NAGAR
SRIRAMPURAM,
BENGALURU 560 021.
11. SHIVARUDRAIAH
S/O SIDDAIAH
AGED ABOUT 58 YEARS
JUNIOR WORK INSPECTOR,
OFFICE OF THE ASSISTANT EXECUTIVE
ENGINEER PWD, MANDYA 570 001.
12. K S PAPASHETTY
S/O LATE SIDDAIAH
AGED ABOUT 68 YEARS
RETIRED WORK INSPECTOR
R/O KALANAHALLI VILLAGE
MANDYA DISTRICT - 570 001.
13. J LINGEGOWDA
S/O LATE JAVAREGOWDA
AGED ABOUT 76 YEARS
RETIRED WORK INSPECTOR
R/O NO 606/1,
BASAVESHWARA FLOUR MILL
R S ROAD, K R SAGAR
SRIRANGAPATNA TALUK
MANDYA DISTRICT - 570 001.
14. C L PUTTANAIAH
S/O LATE LINGAPPA
AGED ABOUT 77 YEARS
RETIRED WORK INSPECTOR,
R /O NO 665, K R SAGAR
SRIRANGAPATNA TALUK
MANDYA DISTRICT - 570 001.
15. M L LOKANATHAN
S/O LATE M KUPPUSWAMY
AGED ABOUT 74 YEARS
RETIRED WORK INSPECTOR
-4-
R/O NO 158, 5TH CROSS,
VINAYAKA TENT ROAD,
HOSAHALLI
MANDYA - 570 001.
16. D RAMEGOWDA
S/O LATE DOLLEGOWDA
AGED ABOUT 71 YEARS
RETIRED WORK INSPECTOR
R/O NO 643 5TH CROSS,
2ND MAIN, LOKANAYAKANAGAR
METAGALLI
MYSORE - 570 016.
17. T GEORGE RAJ TILAK
S/O LATE TITOS ISSAIAH
AGED ABOUT 63 YEARS
RETIRED JUNIOR WORK INSPECTOR
OFFICE OF SPECIAL SUB DIVISION PWD
RAMANGARA - 571 310.
18. SMT S B SHARADAMMA
W/O LATE C NANJAPPA
AGED ABOUT 65 YEARS
RETIRED WORK INSEPCTOR
R/O NO 4322/L22, 7TH CROSS,
GANDHINAGAR MYSURU - 570 001.
19. ASHMATH PASHA
S/O MD GHOUSE PEER
AGED ABOUT 77 YEARS
RETIRED WORK INSEPCTOR
R/O NO 3118, CONVENT ROAD,
LASHKAR MOHALLA MYSORE - 570 010.
20. A KRISHNAMURTY
S/O LATE R ANANTHARAMAIAH
AGED ABOUT 61 YEARS
RETIRED JUNIOR WORK INSPECTOR
OFFICE OF ASSISTANT EXECUTIVE ENGINEER
NO II, BUILDING SUB DIVISION PWD
NAZARBAD MYSORE - 570 010.
-5-
21. SIDDACHARI
S/O KALACHARI
AGED ABOUT 71 YEARS
RETIRED WORK INSPECTOR
R/O CHANDAKAVADI HOBLI
CHAMARAJANAGAR - 571 342.
22. H BNAGARAJAPPA
S/O HUGRAPPA
AGED ABOUT 65 YEARS
ASSISTANT WORK INSPECTOR RETD
R/O NO 9, 8TH MAIN, 4D CROSS,
A O HALLI MAGADI ROAD,
BENGALURU - 560 079.
23. M KEMPARAMAIAH
S/O LATE MUDDARAMAIAH
AGED ABOUT 67 YEARS
R/O NO 268/A, 7TH MAIN,
9TH BLOCK, II STAGE
NAGARBHAVI
BENGALURU - 560 072.
24. PUTTAMMA
W/O LATE S C MANCHEGOWDA
AGED ABOUT 69 YEARS
R/O NO 3155, RPC LAYOUT,
13TH MAIN, VIJAYANAGAR
BENGALURU - 560 040.
25. PHILOMINAMMA
W/O LATE PUTTAPPA
AGED ABOUT 70 YEARS
R/O NO 250, 2ND CROSS,
VILAPPA LAYOUT, CHELIKERI
BENGALURU - 560 041.
26. B B SAROJAMMA
W/O NAGARAJAPPA
AGED ABOUT 70 YEARS
R/O NO 4/108, NEW NO 686,
KARNATAKA STATE EMPLOYEES LAYOUT
BAGALUR ROAD,
BENGALURU - 560 033.
-6-
27. R G VISHWANATHA
S/O LATE GANGADHARAPPA
AGED ABOUT 71 YEARS
RETIRED WORK INSPECTOR
R/O RANGAVANAHALLI
B DURGA POST, HOLLAKERE TALUK
CHITRADURGA TALUK - 577 526.
28. P B RAMACHANDRAPPA
S/O LATE P BHEEMAPPA
AGED ABOUT 72 YEARS
RETIRED WORK INSPECTOR
R/O 4TH CROSS, SHIVAMPPA BADAVANE
BEHIND POLICE QUARTERS
HOLLAKERE TALUK
CHITRADURGA - 577 526.
29. M HANUMANTHAPPA
S/O LATE RANGAPPA
AGED ABOUT 72 YEARS
RETIRED WORK INSEPCTOR
R/O HORAKEDEVARAPURA
HOLLAKERE TALUK
CHTIRADURGA - 577 526.
30. B P NATARAJ
S/O LATE B PARAMESHWARAPPA
AGED ABOUT 71 YEARS
RETIRED WORK INSPECTOR
R/O V S HALLY POST,
HOLLAKERE TALUK
CHITRADURGA - 577 526.
31. K MUKUNDAPPA
S/O LATE CHIKKAPPA
AGED ABOUT 70 YEARS
RETIRED WORK INSPECTOR
R/O THARALABALU NAGAR,
BEHIND LAND ARMY
CHITRADURGA - 577 501.
-7-
32. V THIPPESWAMY
S/O LATE VERABHADRAPPA
AGED ABOUT 67 YEARS
RETIRED WORK INSPECTOR
R/O SHIVAMOGGA HOLALKERE TALUK
CHITRADRUGA - 577 526.
33. K H RAMADAS
S/O LATE K R HANUMANTHAPPA
AGED ABOUT 71 YEARS
R/O NO 156/1, 1ST CROSS,
VIDYANAGAR HOSADURGA TALUK
CHITRADURGA - 577 527.
34. SYED JAFFER
S/O LATE SYED HUSSAIN
AGED ABOUT 65 YEARS
RETIRED WORK INSPECTOR
R/O OFFICE OF AEE, PWD
SUB DIVISION, HARIHAR TALUK
DAVANGERE - 577 601.
35. K RAMA RAO
S/O LATE RAJA RAO
AGED ABOUT 67 YEARS
RETIRED WORK INSPECTOR
R/O 137/3/2 2ND MAIN,
3RD BLOCK, T R NAGAR
BENGALURU - 560 028.
36. H RANGANATHE GOWDA
S/O LATE HARI GOWDA
AGED ABOUT 68 YEARS
RETIRED WORK INSPECTOR
R/37, 1ST FLOOR, 7TH MAIN
SAHAKAR BHAVAN, NEAR MES SCHOOL
KAMAKSHIPALYA, MEENAKASHI NAGAR
BENGALURU - 560 079.
37. T KRISHNAMURTHY
S/O.ALTE SEETHAPPA,
AGED ABOUT 74 YEARS,
RETIRED JUNIOR WORK INSPECTOR,
R/O.NO.6, BUILDING SUB DIVISION,
-8-
NRUPATHUNGA ROAD,
BENGALURU-560 001.
38. SMT PADMA
W/O.D.V.SRUESH,
AGED ABOUT 64 YEARS
JUNIOR WORK INSPECTOR (RETD.)
NO.56/1, 6TH CROSS,
VENKATESHWARA NILAYA,
NANJAPPA LAYOUT,
VIDYARANYAPURA,
BENGALURU-560 097.
39. SMT PUTTATHAYAMMA
W/O LATE SHANKARAPPA,
AGED ABOUT 65 YEARS,
JUNIOR WORK INSPECTOR,
EXECUTIVE ENGINEER'S OFFICE,
BUILDING SUB DIVISION,
BENGALURU-560 002.
40. MARIJOSEPH
S/O LATE ANTHAPPA,
AGED ABOUT 67 YEARS,
RETIRED JUNIOR WORK INSPECTOR,
NO.8, BUILDING SUB DIVISION,
NRUPATHUNGA ROAD,
BENGALURU-560 001.
41. P KEMPEGOWDA
S/O.PUTTEGOWDA,
AGED ABOUT 67 YEARS,
RETIRED JUNIOR WORK INSPECTOR,
OFFICE OF ASST. EXECKUTIVE ENGINEER,
NO.2, JALAMPANA SUB-DIVISION,
K.R.SAGAR, PANDAVAPAURA TALUK,
MANDYA DISTRICT-571 434.
42. PUTTARAJA SETTY
S/O MARI SETTY
AGED ABOUT 66 EYARS
RETIRED JUNIOR WORK INSPECTOR
OFFICE OF ASST. EXECUTIVE ENGINEER
NO.2, JALAMPANA SUB DIVISION
-9-
K R SAGAR, PANDAVAPURA TALUK
MANDYA DISTRICT-571 434.
43. V AMBUJAMMA
W/O LATE VENKATARAMAIAH
AGED ABOUT 68 YEARS
RETIRED JUNIOR WORK INSPECTOR
OFFICE OF ASST. EXECUTIVE ENGINEER
NO.3, K C SUB DIVISION, HULAHALLI
NANJANGUD TALUK
MYSURU DISTRICT-571 312.
44. B H RAMAIAH
AGED ABOUT 68 YEARS
RETIRED JUNIOR WORK INSPECTOR
R/O NO.9, 17TH A CROSS
BEHIND MARUTHI SCHOOL
AGRAHARA DASARAHALLY
MAGADI ROAD
BENGALURU-560 079.
45. TALWAR SHIVAPPA
S/O GADIGEPPA
AGED ABOUT 64 YEARS
JUNIOR WORK INSPECTOR (RETIRED)
OFFICE OF ASST EXECUTIVE ENGINEER
PWD & IWT SUB DIVISION NO.1
BELAGAVI, R/O PLOT NO.101
DR AMBEDKAR NAGAR
BELAGAVI-590 001.
46. PATIL DHANPAL
S/O JINNAPPA
AGED ABOUT 67 YEARS
JUNIOR WORK INSPECTOR (RETD)
OFFICE OF ASST EXECUTIVE ENGINEER
PWD & IWT SUB DIVISION NO.1
BELAGAVI, R/O HOUSE NO.324
BASAVANA KUDACHI
BELAGAVI-590 001.
47. AYUB IMAMSAB NAIK
S/o. IMAMSAB,
AGED ABOUT 62 YEARS,
- 10 -
JUNIOR WORK INSPECTOR (RETD),
PWD AND IWT SUB DIVISION,
NO. BELAGAVI-590 001.
48. NAIK IBRAHIM
S/O. IMAMSAB,
AGED ABOUT 65 YEARS,
JUNIOR WORK INSPECTOR (RETD),
PWD AND IWT SUB DIVISION NO. 1,
BELAGAVI, R/O. PLOT NO. 3,
VEERABHADRANAGAR, 1ST CROSS,
BELAGAVI-590 001.
49. KUDABALE SIDDAPPA
S/O. Y AMANAPPA,
AGED ABOUT 67 YEARS,
JUNIOR WORK INSPECTOR (RETD),
PWD AND IWT SUB DIVISION NO. 1,
BELAGAVI, R/O. PLOT NO. 21,
SECTOR 2, SHIVABASAVA NAGAR,
BELAGAVI 590 010.
50. KULKARNI GURURAJU
S/O. HANUMANTARAO,
AGED ABOUT 60 YEARS,
JUNIOR WORK INSPECTOR (RETIRED),
OFFICE OF ASST. EXECUTIVE ENGINEER,
PWD AND IWT SUB DIVISION NO. 1,
BELAGAVI, R/O. H. NO. 858,
PATIL GALLI, PIRANAWADI.
BELAGAVI-590 001.
51. APTEKAR PIRAJU
S/O. MAHADEVI
AGED ABOUT 66 YEARS,
JUNIOR WORK INSPECTOR (RETD),
OFFICE OF ASST. EXECUTIVE ENGINEER,
PWD AND IWT SUB DIVISION NO. 1.
BELAGAVI, R/O. H. NO. 858,
PATKIL GALLI, PIRANAWADI,
BELAGAVI-590 001.
52. JAGAJAMPI SUBHASH
S/O KALLAPPA
- 11 -
AGED ABOUT 72 YEARS
JUNIOR WORK INSPECTOR (RETD.)
OFFICE OF ASST. EXECUTIVE ENGINEER
PWD & IWT SUB DIVISION NO.1
BELAGAVI, R/O PLOT NO.204
VINAYAKA NAGAR, HINDALAGA ROAD
BELAGAVI-590 001.
53. JAMBGI MALLIKARJUN
S/O SHRIMANTAPPA
AGED ABOUT 65 YEARS
JUNIOR WORK INSPECTOR (RETD.)
OFFICE OF EXECUTIVE ENGINEER
PWD & IWT SUB DIVISION
BAILHONGAL, R/O NO.H NO.705/B/16
SHETAGAR CHAL, BAILHONGAL
BELAGAVI-591 102.
54. TIRAKANNAVAR BABU
S/O BASAPPA
AGED ABOUT 63 YEARS
JUNIOR WORK INSPECTOR (RETD.)
OFFICE OF EXECUTIVE ENGINEER
PWD & IWT SUB DIVISION
BAILHONGAL, R/O PLOT NO.598
KUMARASWAMI LAYOUT
BOXIT ROAD
BELAGAVI-590 001.
55. JAKKAPPAGOL KAREPPA
S/O JAKKAPPA
AGED ABOUT 62 YEARS
JUNIOR WORK INSPECTOR (RETD.)
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER
PWD & IWT SUB DIVISION
HUKKERI, R/O PLOT NO.598
KUMARASWAMI LAYOUT
BOXIT ROAD
BELAGAVI-590 001.
56. PUTTASWAMAIAH
S/O LATE GUNDAIAH SETTY
AGED ABOUT 64 YEARS
JUNIOR WORK INSPECTOR (RETD.)
- 12 -
OFFICE OF ASST. EXECUTIVE ENGINEER
PWD, NO.9, BUILDING SUB DIVISION
K R CIRCLE, BENGALURU
R/O NO.706,
KUMARASWAMY EXTENSION, 1ST PHASE
BENGALURU-560 078.
57. A K NAGARAJ
S/O KESAVALU NAIDU
AGED ABOUT 63 YEARS
JUNIOR WORK INSPECTOR (RETD.)
R/AT NO.29, 17TH MAIN
12TH B CROSS, IDEAL HOMES TOWNSHIP
RAJARAJESHWARI NAGAR
BENGALURU-560 098.
58. MUDDAPPA
AGED ABOUT 75 YEARS
JUNIOR WORK INSPECTOR (RETD.
OFFICE OF ASST. EXECUTIVE ENGINEER
PWD NO.6, SUB DIVISION
K R CIRCLE, BENGALURU NO.367
1ST MAIN, KAMALA NAGAR
BENGALURU-560 001.
59. H P RAJAGOPAL
S/O LATE G PUTTARAJU
AGED ABOUT 58 YEARS
JUNIOR WORK INSPECTOR (RETD.)
OFFICE OF ASST. EXECUTIVE ENGINEER
NO.II, BUILDING SUB -DIVISION, PWD
MYSORE-570 010. ... PETITIONERS
(BY SRI. SWAMY M M, ADVOCATE)
AND
1. THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU-560 001.
2. THE STATE OF KARNATAKA
REP BY ITS SECRETARY,
- 13 -
KARNATAKA PUBLIC WORKS PORTS AND
INLAND WATER TRANSPORT DEPARTMENT,
VIKAS SOUDHA,
VEEDHANA VEEDHI,
BENGALURU-560 001.
3. THE UNDER SECRETARY
KARNATAKA PUBLIC WORKS PORTS AND
INLAND WATER TRANSPORT DEPARTMENT,
M.S.BUILDING
VEEDHANA VEEDHI,
BENGALURU-560 001.
4. THE CHIEF ENGINEER (C AND B)
PUBLIC WORKS DEPARTMENT,
K.R.CIRCLE,
BENGALURU-560 001. ... RESPONDENTS
(BY SMT. M.S.PRATHIMA, AGA)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 29.01.2019 PASSED BY THE R-2
VIDE ANNEXURE-H AND DIRECT THE RESPONDENTS TO FIX
THE PAY SCALE AT RS.120-240 TO THE PETITIONERS.
THESE WRIT PETITIONS ARE COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
In these writ petitions, petitioners have sought for quashing of Annexure-H, dated 29.01.2019 and further directed to fix their pay scale of Rs.120-240.
- 14 -
2. Undisputedly, the petitioners are employees under Karnataka Public Works, Ports and Inland Water Transport Department and they are the holders of the Civil Post. The Post held by them was part and parcel of the rules of recruitment of the Department which were issued under Article 309 Constitution of India read with the Karnataka State Civil Services Act, 1978. Therefore, writ petitions are not maintainable in view of the decision of Hon'ble Supreme Court in the case of L.Chandra Kumar Vs. Union of India reported in (1997) 3 SCC 261 read with Division Bench of this Court in the case of Shiva Prasad Biradar Vs. Karnataka Lokayuktha and others in Writ Appeal No.200715/2018 disposed off on 11.03.2019, held that grievance of the Government servants and related to a civil post, if any, will have to be agitated before the appropriate Tribunal.
- 15 -
Accordingly, petitions stand dismissed, reserving liberty to the petitioners to approach appropriate forum.
Sd/-
JUDGE HA/-