- 1 - NC: 2025:KHC:3768 WP No. 5847 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 5847 OF 2023 (S-RES) BETWEEN: 1. SRI SHIVARAM S/O HANUMANTHAIAH, AGED 58 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, N H SUB DIVISION, K.R.CIRCLE, BANGALORE-560001. 2. SRI LOKESH G S/O V GANGAIAH, AGED ABOUT 52 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, SHIMOGA CITY CORPORATION, DISTRICT SHIMOGA. 3. SRI JAGADEV S/O VITHAL, AGED ABOUT 52 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, O/O THE EXECUTIVE ENGINEER, KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED, PROJECT OFFICE, KALABURAGI-585102. 4. SRI KIRAN C S/O CHANDRASHEKHARAPPA R M, AGED ABOUT 50 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, ZONE-2, MYSURU URBAN Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3768 WP No. 5847 of 2023 DEVELOPMENT AUTHORITY, MYSORE-570005. 5. SRI RAMASWAMY G S/O GOPALAIAH, AGED ABOUT 53 YEARS, WORKING AS TECHNICAL ASSISTANT, O/O THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT DIVISION, CHAMARAJANAGAR, DISTRICT CHAMARAJANAGAR. 6. SRI SHANTHARAM ENTETTINAVAR S/O KALLAPPA R ENTETTINAVAR, AGED 52 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, KARNATAKA NEERAVARI NIGAM LIMITED, G.R.B.C.C. SUB DIVISION, DN NO.01, HIDKAL DAM-591107 BELAGAVI DISTRICT. 7. SRI. NAGARAJU R B S/O LATE BASAVANNA, AGED 52 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, N H SUB DIVISION, MADIKERI, KODAGU DISTRICT. 8. SRI SADASHIVAMURTHY G D S/O DODDALINGAIAH, AGED 52 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, SUB DIVISION, M M HILLS, HANUR TALUK, CHAMARAJANAGAR DISTRICT. 9. SRI JAIPRAKASH C S/O CHIKKASIDDAIAH, AGED 56 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, - 3 - NC: 2025:KHC:3768 WP No. 5847 of 2023 PWD SUB DIVISION, BANTWALA, DAKSHINA KANNADA DISTRICT-574211. 10. SRI NAGESH M D S/O LATE DEVAIAH, AGED 51 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, BENGALURU DIVISION, BENGALURU. 11. SRI MANJUNATHA B N S/O NARASIMHAPPA, AGED 55 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, NO.5, PUBLIC WORKS DEPARTMENT, SUB DIVISION, SAGARA, SHIVAMOGGA DISTRICT. 12. SRI. SURESH KUMAR M D S/O DEVARAJU M S, AGED 53 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, TOWN MUNICIPAL COUNCIL, KOLLEGALA, CHAMARAJANAGARA DISTRICT. 13. SRI VENKATESHA T R S/O RUDRAPPA T, AGED 52 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, NADAPRABHU KEMPEGOWDA LAYOUT DIVISION, 5TH BLOCK, NEXT TO KLE LAW COLLEGE, VISVESWARAYA LAYOUT, BANGALORE. 14. SRI SHRIKANTH K KARJIGI S/O LATE K J KARJIGI, AGED ABOUT 56 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, - 4 - NC: 2025:KHC:3768 WP No. 5847 of 2023 NO.1 SUB DIVISION, NADAPRABHU KEMPEGOWDA LAYOUT, BDA, 5TH BLOCK, NEXT TO KLE LAW COLLEGE, VISVESWARAYA LAYOUT, BANGALORE. 15. SRI PRAVEEN KUMAR B S S/O SATHIGAIAH, AGED 52 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, O/O THE EXECUTIVE ENGINEER, ZONAL OFFICE-3, KIADB, N T ROAD, BENGALURU. 16. SRI. DAYANANDA H B S/O BYRAIAH H P, AGED 53 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, KSPH AND IDCL, HASSAN SUB DIVISION, HASSAN DISTRICT. 17. SRI MURTHY Y S S/O L SHIVALINGAIAH, AGED 54 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, O/O THE MANAGING DIRECTOR, KRDCL, DR. RAJKUMAR ROAD, RAJAJINAGAR 1ST BLOCK, BANGALORE. 18. SRI SHIVARAJU K S/O KARIYAIAH, AGED 55 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, KARNATAKA EXHIBITION AUTHORITY, DODDAKERE MAIDANA, MYSORE. - 5 - NC: 2025:KHC:3768 WP No. 5847 of 2023 19. SRI NARENDRAKUMAR M S/O MARAIAH D, AGED 51 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, M I AND GWD SUB DIVISION, KALABURGI DISTRICT KALABURGI. 20. SRI JANARDHANA P S/O LATE POOJA BYLAIAH, AGED 51 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, O/O THE ENGINEER IN CHIEF N.R. SQUARE, BBMP, BENGALURU. 21. SRI UDAYAKUMAR PARASHURAM KAMBLE S/O PARASHURAM, AGED 51 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, PRE SUB DIVISION, GOKAK, BELAGAVI DISTRICT. 22. SRI SHANKAR M P S/O M PAPANNA, AGED 53 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, O/O THE COMMISSIONER, ENDOWMENT DEPARTMENT, A V ROAD, CHAMARAJPET, BENGALURU. 23. SRI SRIRAM D S/O LATE A V DYAVAPPA, AGED 58 YEARS, O/O THE CHIEF ENGINEER, NATIONAL HIGHWAY ZONE, K.R. CIRCLE, BENGALURU. 24. SRI. GOVINDRAJU H S/O LATE H HANUMAIAH, AGED 57 YEARS, - 6 - NC: 2025:KHC:3768 WP No. 5847 of 2023 WORKING AS ASSISTANT EXECUTIVE ENGINEER, NO.2, EAST SUB DIVISION, HSR LAYOUT, BDA COMPLEX, BENGALURU. 25. SRI NARASIMHA MURTHY S J S/O N JAVARAIAH, AGED 56 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, H AND FW ENGINEERING SUB DIVISION, MANDYA. 26. SRI VIJAYRAJ URS T S S/O K T SRINIVASAIAH, AGED 56 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, NO.8 BUILDING SUB DIVISION, PUBLIC WORKS DEPARTMENT, K.R. CIRCLE, BANGALORE. 27. SRI LAKSHMANA N S/O NAGAPPA, AGED 51 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, SMART CITY OFFICE, SHIVAMOGGA SHIVAMOGGA DISTRICT. 28. SRI YADAVAGIRI N M S/O LATE M K MADAIAH, AGED 54 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, O/O THE COMMISSIONER, MYSURU URBAN DEVELOPMENT AUTHORITY, MYSURU MYSURU DISTRICT. 29. SRI VASANTHA KUMAR G S/O G GOPALAIAH, AGED 56 YEARS, WORKING AS ASSISTANT - 7 - NC: 2025:KHC:3768 WP No. 5847 of 2023 EXECUTIVE ENGINEER, PROJECT SUB DIVISION (PMGSY) RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT, K.R. NAGAR, MYSURU DISTRICT. 30. SRI BORAIAH B K S/O LATE KADAIAH, AGED 53 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, SUB DIVISION, H D KOTE, MYSURU DISTRICT. 31. SRI VIJAYA BHASKAR B S/O LATE B NARASIMHULU, AGED 51 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, NO.2, SUB DIVISION, CHALLAKERE, CHITRADURGA DISTRICT. 32. SRI SATISH C N S/O C NANJAPPA, AGED 52 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, NO.9, BUILDING SUB DIVISION, PUBLIC WORKS DEPARTMENT, BENGALURU. 33. SRI UMANAIK V S/O VALYA NAIK, AGED 55 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, SUB DIVISION, SORABA, SHIVAMOGGA DISTRICT. 34. SRI MAHADEVA SWAMY N S/O LATE K NANJAIAH, AGED 54 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, - 8 - NC: 2025:KHC:3768 WP No. 5847 of 2023 R.W.S. AND S SUB DIVISION, PANDAVAPURA, MANDYA DISTRICT. 35. SRI. PRABHU K T S/O LATE THIMMAIAH AGED ABOUT 52 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, PROJECT SUB DIVISION, P.M.G.S.Y PENSION LANE, MADIKERI. 36. SRI. UDAYASHANKAR LA S/O LATE N P ARJUN AGED ABOUT 56 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, NO.4 SUB DIVISION, HOUSING PROJECT DIVISIONAL -2 BANGALORE DEVELOPMENT AUTHORITY, BANGALORE BANGALORE DISTRICT. 37. SMT. LAKSHMI R D/O C RAMAIAH AGED ABOUT 53 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, O/O THE CHIEF ENGINEER, NATIONAL HIGHWAY ZONE, K R CIRCLE, BANGALORE BANGALORE DISTRICT. 38. SRI. SHIVABASAVA S/O VISHNU S MALAGAVI AGED ABOUT 52 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER QUALITY ASSURANCE DIVISION, BRUHAT BENGLAURU MAHANAGARA PALIKE, BANGALORE BANGALORE DISTRICT. 39. SRI. MURALI D S/O DASAPPA, AGED ABOUT 55 YEARS, - 9 - NC: 2025:KHC:3768 WP No. 5847 of 2023 WORKING AS ASSISTANT EXECUTIVE ENGINEER NO.11, H.C. SUB DIVISION, YEDIYUR, KUNIGAL TALUK TUMAKURU DISTRICT. 40. SRI. YASHODHARA V S/O Y YEERAPPA AGED ABOUT 52 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER P.R.E SUB DIVISION, SORABA SHIVAMOGGA DISTRICT. 41. SRI. HANAMANTHAPPA L S/O LAKSHMIAHA AGED ABOUT 56 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER P R E D SUB DIVISION, HIRIYUR, CHITRADURGA DISTRICT. 42. SRI. BALARAJA D S/O LATE D H DURGAPPAIAH AGED ABOUT 53 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER KNNL NO.1, DRP SUB DIVISION, SHIKARIPURA SHIVAMOGGA DISTRICT. 43. SRI. LOKESH R S/O LATE M RAMAIAH AGED ABOUT 56 YEARS WORKING AS ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT SUB DIVISION, SHIDLAGHATTA CHIKKBALLAPURA DISTRICT. 44. SRI. GOPAL T P S/O LATE P T THIMMAIAH AGED ABOUT 56 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER - 10 - NC: 2025:KHC:3768 WP No. 5847 of 2023 M.I SPL SUB DIVISION, HEBBALA, BANGALORE. 45. SRI RANGASWAMY C S S/O SIDDAMADAIAH AGED 54 YEARS WORKING AS ASSISTANT EXECUTIVE ENGINEER KARNATAKA STATE DR. GANGUBAI HANAGAL MUSIC AND PERFORMING ARTS UNIVERSTY J L B ROAD, NEAR ASHOKA CIRCLE LAKSHMIPURAM, MYSURU. 46. SRI. MOHAN KUMAR S/O M LINGAIAH AGED ABOUT 51 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER O/O THE COMMISSIONER MYSURU URBAN DEVELOPMENT AUTHORITY, J L B ROAD, MYSURU. 47. SRI. DUSHYANTHA RAJANANDA S/O S B RANGANATHA AGED ABOUT 56 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU. 48. SRI. PRAKASH NAIK S/O SHIVARAM AGED ABOUT 52 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, (T.A) M.I. AND G.W.D DEPARTMENT, DIVISION VIJYAPURA VIJAYAPUR DISTRICT. 49. SRI. JEETHENDRA S/O SHRANAPPA AGED 53 YEARS - 11 - NC: 2025:KHC:3768 WP No. 5847 of 2023 WORKING AS ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT SUB DIVISION, RAICHUR. 50. SRI. RAVIKIRAN S/O K LINGA NAIAK, AGED ABOUT 53 YAERS, WORKING AS ASSISTANT EXECUTIVE ENGINEER HEALTH ENGINEERING SUB DIVISION, SHIVAMOGGA. 51. SRI. R SRINIVASA S/O ERLA RAMAIAH, AGED ABOUT 55 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER MYSORE URBAN DEVELOPMENT AUTHORITY MYSURU DISTRICT MYSURU. 52. SRI. PRAKASH M K S/O LATE KADAIAH AGED ABOUT 55 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, O/O THE R.R.B SM AND FE DIVISION, KERS, K.R SAGAR, MANDYA DISTRICT. 53. SRI. VENKATESHA GURUMURTHY S/O LATE D H DURGAPPAIAH AGED ABOUT 56 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER KARANTAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, K.M.F BUILDING, 1, 6, AND 7TH FLOOR, CUNNINGHAM ROAD, BENGALURU. 54. SRI. PRABHU K S/O LATE KAMANNA P - 12 - NC: 2025:KHC:3768 WP No. 5847 of 2023 AGED ABOUT 59 YEARS, O/O THE EXECUTIVE ENGINEER SRORM WATER DRAIN MAHADEVAPURA ZONE BRUHAT BENGALURU MAHANGARA PALIKE, BENGLAURU. 55. SRI. SHIVANNA S/O LATE MANCHAIAH AGED ABOUT 55 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER NO.01, ESI, BUILDING, SUB DIVISION, PWD, SIRPUR PARK ROAD, SESHADRIPURAM BENGALURU. 56. SRI. BETTASWAMY S G S/O GANGADHARAPPA S B AGED ABOUT 53 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, O/O THE EXECUTIVE ENGINEER, ROAD INFRASTRUCTURE YELAHANKA ZONE, BBMP MINI VIDHANA SOUDHA 3RD FLOOR, YELAHANKA BENGLAURU. 57. SRI BASAVARAJ S/O HOLIYAPPA, AGED 52 YEAR WORKING ASSISTANT EXECUTIVE ENGINEER O/O THE EXECUTIVE ENGINEER, PWD DIVISION, RAICHUR RAICHUR DISTRICT. 58. SRI SRINATH NAIK S/O KRISHNA NAIK, AGED 50 YEARS WORKING AS ASSISTANT EXECUTIVE ENGINEER, P R E D SUB DIVISION - 13 - NC: 2025:KHC:3768 WP No. 5847 of 2023 BANNANJE, UDUPI UDUPI DISTRICT. 59. SRI MANJUNATH P R S/O P T RAMAPPA AGED 51 YEARS WORKING AS ASSISTANT EXECUTIVE ENGINEER, NO.5 IRRIGATION SUB DIVISION KNNL, SHIKARIPURA, SHIVAMOGGA DISTRICT SHIVAMOGGA. 60. SRI RAMACHANDRA M S/O MADANAYAK, AGED 54 YEARS WORKING AS ASSISTANT EXECUTIVE ENGINEER NO.2, PWD SUB DIVISION, GUNDLUPET CHAMARAJNAGAR DISTRICT. …PETITIONERS (BY SRI. AKASH R., ADV. FOR SRI VIJAY KUMAR, ADV.) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, VIKASA SOUDHA, BANGALORE-560001. 2. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT, COMMUNICATION AND BUILDING (SOUTH) K.R.CIRCLE, BANGALORE-560002. …RESPONDENTS (BY SMT. PRATHIBHA R.K., AGA FOR R1 & R2) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO ISSUE OF THE IMPUGNED NOTIFICATION BEARING NO.LOE 44 SESA AAA 2022 DATED 27.06.2022 (ANNX-Q) OF THE 1ST RESPONDENT AND AFTER PERUSAL SET ASIDE THE SAME; SET ASIDE THE RANKING ASSIGNED TO THE PETITIONERS AT SL. NO.1 - 14 - NC: 2025:KHC:3768 WP No. 5847 of 2023 TO 60 WITH DATE OF ELIGIBILITY AS 08.11.2019 IN THE FINAL SENIORITY LIST PUBLISHED BY NOTIFICATION BEARING NO.LOE 44 SE. SA. A 2022 DATED 27.06.2022 (ANNX-Q) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Heard the learned counsel Sri.Akash.R., for Sri.Viay Kumar, learned counsel for petitioners and learned Additional Government Advocate Smt.Prathibha.R.K., for respondent Nos.1 and 2. Perused the writ petition papers. 2. The first paragraph of the writ petition to the extent required for disposal of the writ petition reads as follows: “The petitioners are all working as Assistant Executive Engineers, in the Public Works Department/Water Resource Department and Rural Development & Panchayat Raj Department. Being aggrieved by the ranking assigned to them in the Final Seniority List of Assistant Executive Engineers, dated 27.06.2022………….” - 15 - NC: 2025:KHC:3768 WP No. 5847 of 2023 3. The petitioners are before this Court with a prayer to quash the Notification bearing No.¯ÉÆÃE 44 ¸ÉøÀJ 2022 dated 27.06.2022 (Annexure-Q), Final Gradation list of Assistant Executive Engineers (Divisoin-1) of Public Works Department, Water Resource Department and Rural Development & Panchayat Raj Department as on 31.12.2020. 3. The averments of the petitioners itself makes it clear that they are Government servants working in the Public Works Department, Water Resource Department and Rural Development & Panchayat Raj Department. The petitioners being Government servants/Civil servants are provided with alternate Forum for redressal of their grievance under the Administrative Tribunal established under the State Administrative Tribunals Act, 1985 (for short, ‘1985 Act’). When the statute provides alternate Forum, this Court normally would not entertain the writ petition under Article 226 of the Constitution of India. - 16 - NC: 2025:KHC:3768 WP No. 5847 of 2023 4. In the above circumstances, the following: ORDER a) Writ petition stands disposed of with liberty to the petitioners to approach the appropriate Forum for redressal of their grievances. b) In view of disposal of the writ petition, all the pending I.As stand disposed of. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 49