- 1 - NC: 2025:KHC:7762 WP No. 25842 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 25842 OF 2024 (S-RES) BETWEEN: 1. T. GOPALA, S/O LATE THIMMEGOWDA, AGED ABOUT 54 YEARS, WORKING AS REVENUE ASSESSOR, ASSISTANT REVENUE OFFICE, C.V. RAMAN NAGAR SUB-DIVISION B.B.M.P. EAST ZONE, BANGALORE – 560 072. DATE OF APPOINTMENT 01/04/1989 DATE OF REGULARISATION 01/04/1999 DATE OF ABSORPTION INTO CMC 29/12/1993 2. A.G.BABU, S/O LATE S. GOPAL REDDY, AGED ABOUT 56 YEARS, WORKING AS REVENUE ASSESSOR, MARATHALLI SUB-DIVISION, MAHADEVAPURA ZONE, BANGALORE – 560 037. DATE OF APPOINTMENT 1/11/1989 DATE OF REGULARIZATION 1/11/1999 DATE OF ABSORPTION INTO CMC 29/12/1993 3. S. NATARAJA, S/O LATE SIDDAVEERAPPA, AGED ABOUT 56 YEARS, WORKING AS REVENUE INSPECTOR H.B.R. SUB DIVISION, B.B.M.P. EAST ZONE, BANGALORE – 560 064. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7762 WP No. 25842 of 2024 DATE OF APPOINTMENT 2/3/1993 DATE OF REGULARIZATION 2/3/2003 DATE OF ABSORPTION INTO CMC 29/12/1993 …PETITIONERS (BY SRI. PRASANNA B.R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA BANGALORE – 560 001. 2. DIRECTOR OF MUNICIPAL ADMINISTRATION V.V.TOWER, DR. B.R. AMBEDKAR ROAD, BANGALORE - 560 001. 3. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, KANDAYA BHAVAN, BANGALORE – 560 001. 4. THE COMMISSIONER B.B.M.P., NR SQUARE, BANGALORE – 560 001. …RESPONDENTS (BY SRI. SHIVAREDDY.V, AGA FOR R1-R3; SRI. B.L. SANJEEV, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO TREAT THE PETITIONERS AS THE SERVANTS OF THE MUNICIPAL COUNCIL FOR THE PERIOD FROM 29.12.1993 TO 16.01.2007 AS CONTEMPLATED U/SEC 359C OF THE KARNATAKA MUNICIPALITIES ACT, 1964 BY CONSIDERING THE REPRESENTATIONS VIDE ANNEXURE-M AND M1 DTD 14.03.2024 AND 08.08.2024 AND ETC., - 3 - NC: 2025:KHC:7762 WP No. 25842 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER The petitioners, at present working as Revenue Officers in the respondent-Bruhat Bengaluru Mahanagara Palike (for short “BBMP”) are before this Court, under Article 226 of the Constitution of India, praying for a direction to treat the petitioners as servants of Municipal Council from 29.12.1993 to 16.01.2007 and also to consider the date of entry into service for the purpose of fixation of their seniority in terms of Rule 6 of Karnataka Government Servants (Seniority) Rules, 1957 (Annexure-B). 2. Heard Sri.B.R.Prasanna, learned counsel for the petitioners, Sri.B.L.Sanjeev, learned counsel for respondent No.4 as well as learned Additional Government Advocate Sri.V.Shivaredy, for respondent Nos.1 to 3. Perused the writ petition papers. - 4 - NC: 2025:KHC:7762 WP No. 25842 of 2024 3. Learned counsel for the petitioners Sri.B.R.Prasanna at the outset would submit that he would not press the prayers as prayed in the writ petition, but, he would restrict his prayer for consideration of his representation at Annexure-M dated 14.03.2024 as well as Annexure-M1 dated 08.08.2024 and further he submits that petitioner be given liberty to submit representation to respondent Nos.3 and 4 in that regard. 4. Learned counsel for the petitioners would submit that the petitioners were appointed in various Grama Panchayats as Bill Collectors in and around Bengaluru. On formation of BBMP, those Grama Panchayats were included in the BBMP, by virtue of which, the petitioners became employees of the 3rd respondent-BBMP. Learned counsel would submit that their earlier service is not counted for the purpose of pay or seniority. Hence, it is submitted that they have submitted representations at Annexures-M and M1 dated 14.03.2024 and 08.08.2024. Further, Sri.Prasanna, learned counsel for the petitioners - 5 - NC: 2025:KHC:7762 WP No. 25842 of 2024 submits that the petitioners would make fresh representation to respondent Nos.3 and 4 to count their earlier service for the purpose of pay and seniority. 5. On the other hand, learned counsel appearing for respondent No.4 would submit that the representations of the petitioners would be considered in accordance with law, within a reasonable time. 6. The request of the petitioners is to count their earlier service rendered in the Grama Panchayats before the Grama Panchayats became part of the BBMP. The request of the petitioners is to be considered in accordance with law. The respondents have a legal obligation to consider the request of the petitioners. 7. Hence, the following order: Respondent No.2 is directed to consider the representations of the petitioners at Annexure-M dated 14.03.2024 and Annexure-M1 dated 08.08.2024 and pass - 6 - NC: 2025:KHC:7762 WP No. 25842 of 2024 appropriate order in accordance with law, within a period of three months from today. 8. With the above, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE MPK List No.: 1 Sl No.: 9