- 1 - NC: 2025:KHC:3522 WP No. 21788 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 21788 OF 2021 (S-RES) BETWEEN: SRI. JAGADISH R SON OF RUDRAPPA AGED ABOUT 39 YEARS WORKING AS ASSISTANT ENGINEER SEWERAGE TREATMENT PLANT KORMANGALA VALLEY KODABEESANALLI DIVISION BENGALURU WATER SUPPLY AND SEWERAGE BOARD BENGALURU-560037. AND R/AT NO.22, TRUPTI 8TH CROSS SHARADAMBANAGAR JALAHALLI VILLAGE BENGALURU-560013. …PETITIONER (BY SRI. M NAGARAJAN, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA BENGALURU-560001. 2. THE CHAIRMAN BENGALURU WATER SUPPLY AND SEWERAGE BOARD 3RD FLOOR, CAUVERY BHAVAN K G ROAD, BENGALURU. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3522 WP No. 21788 of 2021 3. THE CHIEF ADMINISTRATIVE OFFICER CUM SECRETARY BENGALURU WATER SUPPLY AND SEWERAGE BOARD 1ST FLOOR, CAUVERY BHAVAN K G ROAD, BENGALURU. 4. LATEEF SAHEB ASSISTANT ENGINEER OFFICER OF AEE, E1-1 SUB DIVISION, BWSSB 5TH MAIN BEML LAYOUT KUNADANAHALLI GATE BENGALURU -560037. 5. K V BHAGYALAKSHMI ASSISTANT ENGINEER OFFICE OF AEE (WWM CHALLAGHATTA VALLEY-2) BWSSB OMBR GLR 3RD MAIN ROAD, OBMR LAYOUT BANASWADI, BENGALURU-560043. 6. VIJAYAKUMAR IRAGAR ASSISTANT ENGINEER OFFICE OF AEE CAUVERY HEAD WORKERS-3 BWSSB, TATA GUNI KANAKPURA ROAD BENGALURU-560062. …RESPONDENTS (BY SRI. B.L. SANJEEV, ADV. FOR R2 & R3 SMT. PRATHIBHA R.K., AGA FOR R1 R4 TO R6 ARE SERVED) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE IMPUGNED SENIORITY LIST DATED 13.08.2019 PERTAINING TO THE CADRE OF JUNIOR ENGINEER WHICH IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-R ISSUED BY THE 3RD RESPONDENT, PERUSE AND DECLARE THAT THE SAME IS ILLEGAL AND ARBITRARY IN SO FAR AS THE SAME RELATES TO PLACING THE PETITIONER DOWN BELOW THE RANKING ASSIGN TO THE RESPONDENTS 4 TO 6 AT SL.NO.187 AND ETC. - 3 - NC: 2025:KHC:3522 WP No. 21788 of 2021 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 learned counsel Sri.M.Nagarajan for petitioner, learned Additional Government Advocate Smt.Prathibha.R.K., for respondent No.1 and learned counsel Sri.B.L.Sanjeev for respondent Nos.2 and 3. Respondent Nos.4 to 6 are served and unrepresented. Perused the writ petition papers. 2. The petitioner is before this Court questioning the ranking assigned at Sl.No.187 in the seniority list of Junior Engineer bearing No.ªÀÄÄDC-PÁ/¹UÀÄ-13/1792/2019-20 dated 13.08.2019 (Annexure-R) and for a direction to assign ranking to the petitioners in the impugned seniority list dated 13.08.2019 (Annexure-R) in terms of the merit scored by the petitioner in selection to the post of Junior Engineer as has been followed by the BWSSB in the matter of determination of seniority of the officials belonging to the cadre of Junior Engineer and to place the - 4 - NC: 2025:KHC:3522 WP No. 21788 of 2021 petitioner over and above the respondent Nos.4 to 6 and to grant consequential benefits or in the alternative a direction to read down the Regulation 16(d) of the Bengaluru Water Supply & Sewerage Board Cadre Recruitment and Promotion Regulations, 1981 (Annexure- S) which reads as under: “16(d) Notwithstanding anything contained in Clause (a) (b) above, the seniority of candidates to assume charge of a post after the period specified in the appointment order to join duty by obtaining extension to joining time shall be determined as from the date on which he assumes the charge of the post. In other words, he shall lose the seniority originally assigned to him.” 3. Learned counsel Sri.M.Nagarajan for petitioner would submit that the question involved in the present writ petition is answered in the order dated 01.07.2021 in W.P.No.9150/2019 and W.P.No.16337/2015 and the writ appeals filed against that order in W.A.No.1262/2021 and W.A.No.1266/2021 is dismissed under Judgment dated - 5 - NC: 2025:KHC:3522 WP No. 21788 of 2021 27.01.2023. Thus, learned counsel would submit that in terms of the said orders, the present writ petition also be disposed of. 4. Learned counsel Sri.B.L.Sanjeev would not dispute the legal position and submits that in the instant case also the petitioner had joined on his appointment during the permitted extended period. 5. Taking note of the submission of the learned counsel for the parties and on perusal of the writ petition papers, I am of the view that the question involved in the present writ petition is answered in the above stated writ petitions as well as Writ Appeals. 6. Therefore, I deem it appropriate to dispose of the present writ petition by following the decisions in W.P.No.9150/2019 and W.P.No.16337/2015. Hence, the following: ORDER a) The ranking assigned to the petitioner at Sl.No.187 in the seniority list bearing - 6 - NC: 2025:KHC:3522 WP No. 21788 of 2021 No.ªÀÄÄDC-PÁ/¹UÀÄ-13/1792/2019-20 dated 13.08.2019 vide Annexure-R in the cadre of Junior Engineer is quashed. b) The respondent Nos.2 and 3 are directed to re-consider and to assign proper ranking to the petitioner taking note of the date of appointment order, in terms of the merit list of the selection and date of appointment. c) Time for compliance: Three months. d) With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 4