- 1 - NC: 2025:KHC:4300 WP No. 28745 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 28745 OF 2024 (S-RES) BETWEEN: 1. SRI K SWAYAM PRABHU S/O K KARIYANNA, AGED ABOUT 54 YEARS, CHIEF ENGINEER (AWAITING POSTING) WORKING AS IN-CHARGE CHIEF ENGINEER, R.R. NAGAR, BRUHAT BENGALURU MAHANAGARA PALIKE, R/O NO.5, 2ND CROSS, SUBEDHARPALAYA, YESHWANTPUR, BENGALURU-560022. 2. DR. B G RAGHAVENDRA PRASAD S/O LATE V GANGAHANUMAIAH, AGED ABOUT 47 YEARS, CHIEF ENGINEER (AWAITING POSTING) WORKING AS IN-CHARGE CHIEF ENGINEER, QUALITY CONTROL AND QUALITY ASSURANCE BRUHAT BENGALURU MAHANAGARA PALIKE, R/O NO.170, 1ST BLOCK, 3RD STAGE, 3RD PHASE, BANASHANKARI, BENGALURU-560085. 3. SRI J VISHWANATH S/O C JAYAM AGED ABOUT 50 YEARS, CHIEF ENGINEER (AWAITING POSTING) WORKING AS IN-CHARGE CHIEF ENGINEER TVCC, BRUHAT BENGALURU MAHANAGARA PALIKE, R/O NO.502, 5TH CROSS, 14TH BLOCK, 2ND STAGE, NAGARBHAVI, BENGALURU-560072. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4300 WP No. 28745 of 2024 4. 5. SRI S V RAJESH S/O LATE VENKATESH, AGED ABOUT 49 YEARS, CHIEF ENGINEER (AWAITING POSTING) WORKING AS IN-CHARGE CHIEF ENGINEER, SOUTH ZONE, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU R/O NO.480A/1, 16TH CROSS, IDEAL HOMES LAYOUT, R R NAGAR, BENGALURU-590098. SRI M KRISHNAMURTHY S/O LATE T MUNIYAPPA AGED ABOUT 58 YEARS CHIEF ENGINEER, (AWAITING POSTING) WORKING AS SUPERINTENDENT ENGINEER YELAHANKA ZONE, MINI VIDHAN SOUDHA BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU. 6. SRI K V RAVI S/O K C OBALESH, AGED ABOUT 55 YEARS, CHIEF ENGINEER (AWAITING POSTING) WORKING AS IN-CHARGE CHIEF ENGINEER (DASARAHALLI) BRUHAT BENGALURU MAHANAGARA PALIKE, R/O 32, 11TH A MAIN, 44TH CROSS, 4TH T BLOCK, JAYANAGAR, BENGALURU-560041. …PETITIONERS (BY SRI. ABHISHEK PATIL, ADV. FOR SRI SHIVAPRASAD SHANTANAGOUDAR, ADV.) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001 REP. BY ITS PRINCIPAL SECRETARY. 2. BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, BENGALURU-560002 REP. BY ITS CHIEF COMMISSIONER. - 3 - NC: 2025:KHC:4300 WP No. 28745 of 2024 3. ADDITIONAL COMMISSIONER ADMINISTRATION, BRUHAT BENGALURU MAHANAGARA PALIKE, HUDSON CIRCLE, BENGALURU-560002. …RESPONDENTS (BY SRI. V SHIVAREDDY, AGA FOR R1 SRI B.L. SANJEEV, ADV. FOR R2 & R3) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 3 TO ISSUE POSTING ORDERS TO THE PETITIONERS PURSUANT TO THEIR PROMOTION TO THE CADRE OF THE CHIEF ENGINEER (AD-HOC), BRUHAT BENGALURU MAHANAGARA PALIKE VIDE NOTIFICATION BEARING NO. NAAE 395 MNU 2023, DATED 02.12.2023 AT ANNEXURE A ISSUED BY R-1. 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.Abhishek Patil for Sri.Shivaprasad Shantanagoudar, learned counsel for petitioners, learned Additional Government Advocate Sri.V.Shivareddy for respondent No.1 and learned counsel Sri.B.L.Sanjeev for respondent Nos.2 and 3. Perused the writ petition papers. 2. Learned counsel for the petitioners would submit that petitioners who are promoted as Chief Engineers (Civil) on ad-hoc basis in the second - 4 - NC: 2025:KHC:4300 WP No. 28745 of 2024 respondent-BBMP are before this Court seeking for a writ of mandamus directing respondent Nos.1 to 3 to issue posting orders to the petitioners in pursuance to their promotion to the cadre of Chief Engineers (Civil) on ad-hoc basis. Learned counsel would further submits that the petitioners are promoted as Chief Engineers on ad-hoc basis under Annexure-A, Notification dated 02.12.2023 and till this date for more than one year, petitioners have not been given posting. Learned counsel also invites attention of this Court to Annexure-C, Office order dated 05.12.2023 of the Deputy Commissioner (Administration), BBMP directing the petitioners to continue in their earlier posting till they are given posting. It is submitted that on their promotion under Notification dated 02.12.2023, they have right to seek posting. In that regard, learned counsel for the petitioners would submit that within one week, petitioners would submit representation to the respondent Nos.1 to 3 seeking posting. - 5 - NC: 2025:KHC:4300 WP No. 28745 of 2024 3. Learned counsel appearing for the respondents would submit that the posting has not been given to the petitioners for various administrative reasons and they seek for some time to provide posting to the petitioners as Chief Engineers (Civil) on ad-hoc basis. Thus, they pray for dismissal of the writ petition. 4. Having heard the learned counsel appearing for the parties and on perusal of the writ petition papers, I am of the view that having issued Notification dated 02.12.2013 (Annexure-A) promoting the petitioners from the cadre of Superintendent Engineers (Civil) to the Chief Engineers (Civil) on ad-hoc basis, the respondents are duty bound to give posting to the petitioners. It is not the case of the respondents that there is no vacancies of Chief Engineers. Unless there is vacancy, the respondents could not have promoted the petitioners as Chief Engineers on ad-hoc basis. 5. In the above circumstances, petitioners are directed to submit a representation to the respondents - 6 - NC: 2025:KHC:4300 WP No. 28745 of 2024 seeking posting, within a period of one week and if such a representation is submitted, the respondents are directed to consider the same and pass appropriate order, within four weeks thereafter. 6. With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 6