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2025 DAILYLAW 21760 (KAR)

SRI. SRINIVAS REDDY v. THE ADDITIONAL CHIEF SECRETARY

WP/10285/2025 · 2025-05-02

R Nataraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:18097 WP No. 10285 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 10285 OF 2025 (S-RES) BETWEEN: 1. SRI. SRINIVAS REDDY S/O SRI. RAGHAVA REDDY AGED ABOUT 58 YEARS EMPLOYEE NO. 12025 WORKING AS WATERMAN RESIDING AT NO.40 3RD CROSS, NEAR LAKSHMI NARAYANA TEMPLE, HOODI, BANGALORE NORTH, MAHADEVAPURA, BANGALORE-560048. 2. SRI. P. BALU S/O SRI PERIYANNA AGED ABOUT 49 YEARS EMPLOYEE NO. 12121 WORKING AS HORTICULTURE GARDNER RESIDING AT NO.31 MAHADESHWARA NILAYA 1ST MAIN ROAD, SHIVA MANDIRA ROAD UDAYA NAGAR, BENGALURU-560016. 3. SRI. SHANKAR M S/O SRI. MUNIYAPPA AGED ABOUT 49 YEARS EMPLOYEE NO.10864 WORKING AS HORTICULTURE GARDNER RESIDING AT NO.70 3RD CROSS, NAR YELLAMMA TEMPLE A.NARAYANAPURA, DOORAVANINAGARA POST BENGALURU-560016. 4. SRI. A. GANESH S/O SRI. ABBAIAH Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18097 WP No. 10285 of 2025 AGED ABOUT 54 YEARS EMPLOYEE NO.13862 WORKING AS HORTICULTURE GARDENER RESIDING AT NO.1040 NARASIMHAIAH STREET, ANDHRA COLONY, A. NARAYANAPURA, BANGALORE NORTH BANGALORE-560016. 5. SRI. RANGASHETTY Y.S. S/O LATE SHIVANANJA SHETTY AGED ABOUT 56 YEARS EMPLOYEE NO.3482 WORKING AS HORTICULTURE GARDENER RESIDING AT NO.22, 34 B, 6TH CROSS, MANJUNATHA LAYOUT, SRK NAGAR, BANGALORE-560045 6. SRI. D. RUDRAIAH S/O DODDA YELLAPPA AGED ABOUT 61 YEARS EMPLOYEE NO.05427 WORKED AS HORTICULTURE GARDENER RESIDING AT NO.211/3 4TH MAIN ROAD NEAR ARALIMARA BUS STOP SUNKADAKATTE BANGALORE-560091. 7. SRI. LAKKAPPA. H.H. S/O SRI. HUCHCHAPPA EMPLOYEE NO.05444 AGED ABOUT 62 YEARS WORKED AS WATERMAN RESIDING AT NO.281/1 20TH CROSS ROAD, MAGADI MAIN ROAD MUTHURAYASWAMY EXTENSION SUNKADAKATTE, VISHWANEEDAM BANGALORE-560091. 8. MR. SHIVANNA N S/O SRI. NAGAPPA AGED ABOUT 59 YEARS EMPLOYEE NO.01494 - 3 - NC: 2025:KHC:18097 WP No. 10285 of 2025 WORKING AS WATERMAN RESIDING AT NO.281/160, 2ND MAIN, 6TH CROSS, MANJUNATHA NAGAR BANGALORE-560057. 9. SRI. BASAVARAJU S/O SRI. BALAPPA AGED ABOUT 60 YEARS EMPLOYEE NO.10321 WORKED AS WATERMAN RESIDING AT NO.447 9TH CROSS, RAJAGOPALANAGAR PEENYA 2ND STAGE BANGALORE NORTH BANGALORE-560058. …PETITIONERS (BY SRI. R. SUBRAMANYA, ADVOCATE FOR SRI. M.S. DEVARAJU, ADVOCATE) AND: 1. THE ADDITIONAL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA VIKASA SOUDHA, BANGALORE-560001. 2. THE CHIEF COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N.R. SQUARE BANGALORE-560002. 3. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT K.G. ROAD, BANGALORE-560009. …RESPONDENTS (BY SRI. SHIVAPRABHU S. HIREMATH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT - 4 - NC: 2025:KHC:18097 WP No. 10285 of 2025 NO.2 TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONERS VIDE ANNEXURE-Q DATED 26.11.2024 IN ACCORDANCE WITH THE INSTRUCTIONS GIVEN BY THE RESPONDENT NO.1 VIDE THEIR LETTER NO.Na.A.E.49 BBA 2024 DATED 05.12.2024 PRODUCED AS ANNEXURE-R AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought for a writ in the nature of mandamus to the respondent No.2 to consider their representation dated 26.11.2024, in accordance with the instructions given by the respondent No.1 vide letter No.£ÀಅE 49 ©©J 2024 dated 05.12.2024. They have also sought for a writ in the nature of mandamus to the respondents to consider the services rendered by the petitioners from the date of joining in their earlier employment i.e., City Municipal Council, Town Municipal Council as the case may be for the purposes of calculation of leave, pension and retiral benefits in terms of the Government Order No.£ÀಅE 57 ©©J 2021 (E) dated 10.10.2022 and as per the order bearing No.© - 5 - NC: 2025:KHC:18097 WP No. 10285 of 2025 12(1)/¦Dgï/84689/23-24 dated 19.08.2024 passed by the respondent No.2 (signed by respondent No.3) vide Annexure 'N' in respect of the employees of Grama Panchayath whose services were merged with the services of the Bruhat Bengaluru Mahanagara Palike (BBMP). 3. The learned counsel for the petitioners contends that the facts in the present case are similar to the facts in W.P. No.33887/2024, which was disposed off by this Court in terms of the order dated 16.12.2024. He therefore, prays that this petition may also be disposed off on similar terms. 4. Learned Additional Government Advocate for respondent Nos.1 and 3 does not dispute that the facts in the present case and the facts in W.P. No.33887/2024 are similar. 5. In that view of the matter, this Writ Petition is disposed off in terms of the order dated 16.12.2024 passed in W.P. No.33887/2024. 6. The respondent No.2 is directed to consider the case of the petitioners and pass appropriate orders in - 6 - NC: 2025:KHC:18097 WP No. 10285 of 2025 accordance with law within a period of three months from the date of receipt of a certified copy of this order. 7. Learned Additional Government Advocate is permitted to file memo of appearance for respondent Nos.1 and 3 within 10 days. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 3