Karnataka High Court
Sri. S.T. Chandraiah vs State Of Karnataka on 16 September, 2016
Bench: Chief Justice, Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF SEPTEMBER, 2016
PRESENT
THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE,
CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE RAVI MALIMATH
WRIT APPEAL NOS. 3424-3426 OF 2016 (S-RES)
Between:
1. SRI S.T. CHANDRAIAH
S/O THIMMAPPA
AGED ABOUT 53 YEARS
WORKING AS REVENUE INSPECTOR
WARD NO.93, OFFICE OF THE
ASSISTANT REVENUE OFFICER
VASANTHNAGAR, QUEENS ROAD
BANGALORE-52
2. T THIMME GOWDA
S/O THIMMAIAH
AGED ABOUT 58 YEARS
WORKING AS REVENUE INSPECTOR
WARD NO.122, OFFICE OF THE
ASSISTANT REVENUE OFFICER
VIJAYANAGAR
SWIMMING POOL COMPOUND
1ST FLOOR, 9TH CROSS
RPC LAYOUT, BANGALORE-40
3. SRI C RAMACHANDRAIAH
S/O LATE CHIKKANNA
AGED ABOUT 54 YEARS
WORKING AS TAX INSPECTOR
2
WARD NO.97, OFFICE OF THE
ASSISTANT REVENUE OFFICER
SRIRAMAMANDIRA, RTO COMPLEX
2ND BLOCK, RAJAJINAGAR
BANGALORE-10
... APPELLANTS
(BY SRI M S BHAGWAT, ADVOCATE FOR
SRI SRINIVAS V, ADVOCATE)
And
1. STATE OF KARNATAKA
BY ITS SECRETARY TO
URBAN DEVELOPMENT DEPARTMENT
VIDHANA SOUDHA
BANGALORE-560001
2. THE COMMISSIONER
BBMP, N R SQUARE
BANGALORE-560001
3. SMT. Y.M.PUSHPAVATHI
D/O N.MUNITHIMMAIAH
AGED ABOUT 28 YEARS
WORKING AS TAX INSPECTOR
IN THE OFFICE OF
ASSISTANT REVENUE OFFICER
BBMP, YELAHANKA
BANGALORE-560064
4. SMT. DEEPA S. RAJESH
W/O RAJESH T.V.
AGED ABOUT 31 YEARS
WORKING AS TAX INSPECTOR
IN THE OFFICE OF THE
ASSISTANT REVENUE OFFICER
BBMP, LAGGERE
BANGALORE-560058
3
5. MURALI MOHAN N
S/O NAGARAJA
AGED ABOUT 28 YEARS
WORKING AS TAX INSPECTOR
IN THE OFFICE OF
ASSISTANT REVENUE OFFICER
BBMP, MARTHALLI
BANGALORE-560037
6. ABHILASH N S/O NAGARAJ M
AGED ABOUT 26 YEARS
WORKING AS TAX INSPECTOR
IN THE OFFICE OF
ASSISTANT REVENUE OFFICER
BBMP, GAALI ANJANEYA TEMPLE
BANGALORE-560026
7. MANU S/O BABU CHAVAN
AGED ABOUT 28 YEARS
WORKING AS TAX INSPECTOR
IN THE OFFICE OF
ASSISTANT REVENUE OFFICER
BBMP, BOMMANAHALLI
BANGALORE-560068
8. SIDRAMESHWAR KUDRAPPA SHARANAWAR
S/O RUDRAPPA ERASANGAPPA SHARANWAR
AGED ABOUT 30 YEARS
WORKING AS TAX INSPECTOR
IN THE OFFICE OF THE
DEPUTY COMMISSIONER (REVN)
N.R.SQUARE, BBMP, BANGALORE-560001
9. SMT. MEGHANA
D/O VASUDEVA B A
AGED ABOUT 26 YEARS
WORKING AS TAX INSPECTOR
IN THE OFFICE OF THE
4
ASSISTANT REVENUE OFFICER
BBMP, VIJAYANAGAR
BANGALORE-560040
10. SMT. SWETHA E D/O ERANNA K
AGED ABOUT 31 YEARS
WORKING AS TAX INSPECTOR
IN THE OFFICE OF THE
ASSISTANT REVENUE OFFICER
BBMP, VIJAYANAGAR
BANGALORE-560040
11. SUDEEP J S/O JAYARAM
AGED ABOUT 38 YEARS
WORKING AS TAX INSPECTOR
IN THE OFFICE OF THE
ASSISTANT REVENUE OFFICER
BBMP, GAALI ANJANEYA TEMPLE
BANGALORE-560026
12. SMT. ASHABIBI K D/O KARIM
AGED ABOUT 30 YEARS
WORKING AS TAX INSPECTOR
IN THE BBMP, GAALI ANJANEYA TEMPLE
BANGALORE-560026
13. C.PRAKASH S/O CHINNAPPA
AGED ABOUT 45 YEARS
WORKING AS TAX INSPECTOR
OFFICE OF ASSISTANT REVENUE OFFICER
UTTARAHALLI SUB-DIVISION
BANGALORE-560061
14. N.R.ANIL KUMAR
S/O LATE N.M.RAMAIAH
AGED ABOUT 46 YEARS
WORKING AS TAX INSPECTOR
OFFICE OF THE ASSISTANT REVENUE OFFICER
5
UTTARAHALLI SUB-DIVISION
BANGALORE-560061
15. NAGARAJEGOWDA
S/O CHIKKARASE GOWDA
AGED ABOUT 45 YEARS
OFFICE OF THE ASSISTANT REVENUE OFFICER
VIDYARANYAPURA SUB-DIVISION
BANGALORE-560097
16. H.V.SRIDHAR
S/O LATE H.N.VENKATRAMANAPPA
AGED ABOUT 58 YEARS
OFFICE OF THE ASSISTANT REVENUE OFFICER
PEENYA INDUSTRIAL AREA
BANGALORE-560091
17. H.N.SIDDEGOWDA
S/O H.S.NANJE GOWDA
AGED ABOUT 58 YEARS
OFFICE OF THE ASSISTANT REVENUE OFFICER
AAROHALLI, BANGALORE-560091
... RESPONDENTS
(BY MISS NILOUFER AKBAR, AGA FOR R-1;
SMT. B V VIDYULATHA, ADVOCATE FOR
SRI T P VIVEKANANDA, ADVOCATE FOR C/R-3 TO 11;
SRI PRUTHVI WODEYAR, ADVOCATE FOR C/R-13 & 14)
THESE WRIT APPEALS ARE FILED UNDER SECTION 4
OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET
ASIDE THE ORDER PASSED IN WRIT PETITION
NOS.39770-39772/2016 DATED 30/08/2016.
THESE APPEALS COMING ON FOR ORDERS THIS
DAY, THE CHIEF JUSTICE DELIVERED THE FOLLOWING:
6
JUDGMENT
The objections pointed out by the office are over- ruled.
2. As prayed for by Mr.M.S.Bhagwat, learned advocate appearing for Mr.Srinivas V, the appeals are taken up for preliminary hearing.
3. These appeals are against an ad interim order of injunction passed by the Hon'ble Single Judge dated August 30, 2016, in a batch of writ petitions, in aid of the main petition.
4. The writ petitioners were before the Hon'ble Single Judge challenging the seniority list by Tax Inspectors on the allegation that persons, who have been directly recruited in the year 2008, were placed at the top of the promotees of the year 2003.
5. The Bruhat Bengaluru Mahanagara Palike contended before the Hon'ble Single Judge that the seniority list was prepared following the quota system. 7
6. The Hon'ble Single Judge, in order to balance the situation, passed an interim order, holding that any promotion to the post of Revenue Inspector would abide by the result of the writ petitions.
7. We do not think that the Hon'ble Single Judge, while passing the ad interim order, has exceeded his jurisdiction, requiring interference by this court.
8. The appeals are, therefore, dismissed.
9. However, the Hon'ble Single Judge is requested to dispose of the writ petitions as expeditiously as possible, subject to the convenience of the Court.
10. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE vgh*