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2025 DAILYLAW 3419 (KAR)

MALLIKARJUN P S/O LATE LINGANAGOUDA PATIL v. THE STATE OF KARNATAKA

WP/101309/2025 · 2025-02-21

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:3653 WP No. 101309 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101309 OF 2025 (S-PRO) BETWEEN: 1. MALLIKARJUN P. S/O. LATE LINGANAGOUDA PATIL, AGE. 47 YEARS, OCC. ASSISTANT EXECUTIVE ENGINEER, KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD, BALLARI DIVISION, SUB DIVISION- HOSAPETE. 2. NARASINHA REDDY S/O. VENKATAREDDY, AGE. 48 YEARS, OCC. ASSISTANT EXECUTIVE ENGINEER KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD, KALABURGI DIVISION, KALBURGI. 3. K.G.V. GANGADHAR GOUD S/O. LATE PALAKSHA GOUD, AGE. 57 YEARS, OCC. ASSISTANT EXECUTIVE ENGINEER, KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD BALLARI. …PETITIONERS (BY SRI SANTOSH B. MANE, ADVOCATE) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3653 WP No. 101309 of 2025 AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, REPRESENTED BY ITS SECRETARY. 2. MANAGING DIRECTOR, KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD, JALABHAVANA, BANNERGHATTA ROAD, BENGALURU. 3. KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD REPRESENTED BY ITS SECRETARY JALABHAVAN, BHANNERGHATTA ROAD, BENGALURU. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1, SRI DAYANAND BANDI, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO I) ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER IN THE FORM OF DIRECTION TO THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 09/07/2024 SUBMITTED BY THE PETITIONER NO.1 AND 2 AND THE REPRESENTATION DATED 19/07/2024 SUBMITTED BY THE PETITIONER NO.3, IN COMPLIANCE WITH RULE 10 OF KARNATAKA GOVERNMENT SERVANTS (SENIORITY) RULES-1957 AND TO TAKE STEPS ON THE SAME/ACT UPON THE SAME AND TO PASS THE NECESSARY ORDERS IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY. II) TO PASS ANY OTHER ORDER OR ISSUE SUITABLE DIRECTION OR TO GRANT ANY OTHER RELIEF TO THE PETITIONERS IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:3653 WP No. 101309 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: i) Issue writ of mandamus or any other order in the form of direction to the Respondents to consider the representations dated 09/07/2024 submitted by the petitioner no.1 and 2 and the representation dated 19/07/2024 submitted by the petitioner no.3, in compliance with Rule 10 of Karnataka Government Servants (Seniority) Rules-1957 and to take steps on the same/act upon the same and to pass the necessary orders in accordance with law in the interest of justice and equity. ii) To pass any other order or issue suitable direction or to grant any other relief to the petitioners in the facts and circumstances of the case in the interest of justice and equity. 2. Heard the learned counsel Sri.Santosh Mane appearing for the petitioners, learned counsel Sri.Dayanand Bandi appearing for respondent Nos.2 and 3 and the learned HCGP Smt.Kirtilata R.Patil representing the respondent-State. 3. The petitioners were appointed to the services of the Board as Assistant Engineer and were further promoted to the cadre of Assistant Engineer on - 4 - NC: 2025:KHC-D:3653 WP No. 101309 of 2025 18.05.2020. A provisional seniority list is said to have been notified on 01.12.2022 against which the petitioners have submitted certain representations. The representations have not been considered and therefore the petitioners are before this Court seeking a direction as afore-quoted. 4. Learned counsel for the respondent Nos.2 and 3 Sri.Dayanand Bandi submits that if reasonable time is granted, the representations would be considered and appropriate orders will be passed in accordance with law. 5. In that light, I deem it appropriate to dispose the petition directing the respondents to consider the representations, pass necessary orders within eight weeks from the date of receipt of copy of the order. 6. It is made clear, this Court has not considered the merit on the claim of the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE KGK / List No.: 1 Sl No.: 96