- 1 - HC-KAR NC: 2025:KHC:38429 WP No. 15804 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15804 OF 2023 (S-RES) BETWEEN: MR. C. GIRISHA S/O LATE G.K. CHALUVAIAH AGED ABOUT 43 YEARS R/AT NO. 259/A 2ND CROSS MATEAGAHALLI EXTENSION MYSURU - 570016. …PETITIONER (BY SRI. NISHANTH A V.,ADVOCATE) AND: 1. KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD NO.6, JALABHAVAN, 1ST STAGE 1ST PHASE, BTM LAYOUT BANNERGHATTA ROAD BENGALURU 560029 REP. BY ITS MANAGING DIRECTOR. 2. THE SECRETARY KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD NO.6, JALABHAVAN, 1ST STAGE 1ST PHASE, BTM LAYOUT BANNERGHATTA ROAD BENGALURU - 560029. 3. MR. SUKANANDA HITEKARA AGED ABOUT 39 YEARS, CURRENTLY WORKING AS EXECUTIVE ENGINEER AT KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38429 WP No. 15804 of 2023 DC COMPOUND, VISVESVARAYA NAGAR SADASHIV NAGAR, BELAGAVI - 590019. 4. MS. YASHODHA K.M. AGED ABOUT 37 YEARS CURRENTLY WORKING AS EXECUTIVE ENGINEER AT KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD BALARAJ URS ROAD, KEB CIRCLE SARVAGNA VRATHA, BASAVANAGUDI SHIVAMOGGA – 577201. 5. MS. SHARMILA. P AGED ABOUT 58 YEARS CURRENTLY WORKING AS EXECUTIVE ENGINEER AT KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD MALLIKATTE, MANGALURU - 575002. 6. MR. ABDUL RAUF AGED ABOUT 57 YEARS CURRENTLY WORKING AS EXECUTIVE ENGINEER AT KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD BADIKANNAN ROAD, BIJAPUR - 586101. 7. MS. KAVYA ADIGA AGED ABOUT 34 YEARS CURRENTLY WORKING AS EXECUTIVE ENGINEER AT KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD OPPOSITE KEB OFFICE, GADAG - 582101. 8. MR. CHANNAMALIKARJUNA GOWDA AGED ABOUT 31 YEARS CURRENTLY WORKING AS EXECUTIVE ENGINEER AT KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD SH 20, KAULPET, BAGALKOTE - 587101. - 3 - HC-KAR NC: 2025:KHC:38429 WP No. 15804 of 2023 9. MR. JAMEER A BIJAPURA AGED ABOUT 29 YEARS CURRENTLY WORKING AT CHIEF ENGINEER JALAMANDALI, COMPOUND DHARWAD - 580 001. 10. MR. DYAVANAGOWDA PATIL AGED ABOUT 30 YEARS CURRENTLY WORKING AS EXECUTIVE ENGINEER AT KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD BADIKANNAN ROAD, BIJAPUR - 586101. 11. MS. SHRUTHI SUKUMAR SIRAGUPPA AGED ABOUT 29 YEARS CURRENTLY WORKING AS EXECUTIVE ENGINEER AT KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD FORT, BELLARY – 583101. 12. MS. SHANTHA METTI AGED ABOUT 32 YEARS CURRENTLY WORKING AS EXECUTIVE ENGINEER AT KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD JALAMANDALI,COMPOUND DHARWAD - 580001. 13. MS. PRIYANKA M.S. AGED ABOUT 28 YEARS CURRENTLY WORKING AS EXECUTIVE ENGINEER AT KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD AMAR JYOTHI NAGAR RAMAKRISHNA ASHRAM ROAD TUMKUR – 571201. 14. BENANJIRA NADAF AGED ABOUT 30 YEARS CURRENTLY WORKING AS EXECUTIVE ENGINEER AT KARNATAKA URBAN - 4 - HC-KAR NC: 2025:KHC:38429 WP No. 15804 of 2023 WATER SUPPLY AND DRAINAGE BOARD DC COMPOUND V.V.ROAD, DHARWAD - 580001. 15. MS. SWETHA SOLLAPURI AGED ABOUT 30 YEARS CURRENTLY WORKING AS CHIEF ACCOUNTS OFFICER AT KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD JALABHAVAN, 1ST STAGE 1ST PHASE, BTM LAYOUT BANNERGHATTA ROAD BANGALORE - 560029. 16. MS. K.S. BRUNDHA AGED ABOUT 29 YEARS CURRENTLY WORKING AS EXECUTIVE ENGINEER AT KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD BANDIGOWDA LAYOUT, MANDYA - 571401. 17. MS. ANITHA VENKAPPAGOLA AGED ABOUT 29 YEARS CURRENTLY WORKING AS EXECUTIVE ENGINEER AT KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD DAVALAGIRI BADAVANE 5TH CROSS, CHITRADURGA - 577501. 18. MS. DEEPARANI AGED ABOUT 35 YEARS CURRENTLY WORKING AS OFFICE OF CHIEF ENGINEER AT KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD DIVISION, IWAN-A-SHAHI ROAD OPP. TO MINI VIDHANA SOUDHA KALBURGI - 585101. 19. MR. M.C. PURUSHOTHAMA AGED ABOUT 43 YEARS CURRENTLY WORKING AS CHIEF ACCOUNTS OFFICER - 5 - HC-KAR NC: 2025:KHC:38429 WP No. 15804 of 2023 AT KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD JALABHAVAN, 1ST STAGE 1ST PHASE, BMT LAYOUT BANNERGHATTA ROAD BANGALORE - 560029. 20. MR. M.R. SANTOSH AGED ABOUT 36 YEARS CURRENTLY WORKING AS CHIEF ACCOUNTS OFFICER AT KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD JALABHAVAN, 1ST STAGE 1ST PHASE, BTM LAYOUT BANNERGHATTA ROAD BANGALORE - 560029. …RESPONDENTS (BY SMT. SUMANGALA GURUDEV GACHCHINAMATH., ADVOCATE FOR R1: SRI C CHANNEGOWDA, ADVOCATE FOR R2: SRI. SHARATH S GOGI, ADVOCATE FOR R18: R3 TO R10, R12 TO R12,R19 & R20 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE SENIORITY LIST DATED: 21.06.2023 BEARING NO.KAJAMA/HRD-1/PRADELESA/309/2023-24, NOTIFIED BY THE R2 IN SO FAR AS SL.NO.4 TO 21 IS CONCERNED VIDE ANNEXURE-AF AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:38429 WP No. 15804 of 2023 CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has sought for following relief/s: “A. Issue a Writ of Certiorari setting aside the Seniority List dated 21.06.2023 bearing No.KaJaMa /H.R.D-1/PraDaLeSa/309/2023-24, notified by the 2nd Respondent in so far as SL.No.4 to 21 is concerned, vide Annexure-AF; B. Pass such other Order/s, grant such other relief/s, as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity. “ 2. The case of the petitioner is that the petitioner’s father, Late G.K. Chaluvaiah, was working as Water Inspector in Karnataka Urban Water Supply and Drainage Board (hereinafter referred to as ‘Board’ for short). He died on 14.01.2000 while he was in service. The petitioner completed his B.Com course from Mysuru University. Thereafter, the petitioner filed an application on 02.08.2000 for appointment on compassionate ground. - 7 - HC-KAR NC: 2025:KHC:38429 WP No. 15804 of 2023 By order dated 29.09.2014, the petitioner was appointed on compassionate ground to the post of Attender and was posted to the Mysuru Division. The respondents, by order dated 05.11.2015, appointed one Smt. Anjana Subbannavar to the post of First Division Accounts Assistant (FDAA) on compassionate grounds. Based on the compassionate appointment of Smt. Anjana Subbannavar by order dated 05.11.2015, the petitioner herein, who was a B.Com graduate, has submitted a representation dated 19.11.2015 to respondent No.1 herein seeking appointment to the post of FDAA on the basis of his educational qualification. The respondents, vide order dated 04.05.2016, reconsidered the case of the petitioner and appointed the petitioner to the post of FDAA in Mysuru Division. The petitioner reported to duty on the same day. Thereafter, the Chief Engineer, Board, Mysuru Division, addressed a letter dated 16.05.2018 vide Annexure-E to respondent - 8 - HC-KAR NC: 2025:KHC:38429 WP No. 15804 of 2023 No.2 stating that the petitioner had satisfactorily completed his probation of two years. Thereafter, the Government issued Circular dated 27.10.2017 vide Annexure-K stating that while appointing the persons on compassionate grounds, educational qualifications should be considered and accordingly the appointment must be made as per the educational qualifications to Group ‘C’ and ‘D’ posts. Accordingly, respondent No.2 issued a seniority list dated 22.05.2018 vide Annexure-G pertaining to the cadre of FDAA. As per the said list, the petitioner stands at Sl.No.10 and date of entry to the service shown as 04.05.2016. Thereafter, pursuant to the legal opinion dated 12.10.2017, the respondents issued official memorandum dated 16.08.2018 vide Annexure-H, wherein the respondents, without giving any opportunity of hearing, cancelled the order dated 04.05.2016 vide Annexure-D and demoted the petitioner from FDAA to Attender. Being - 9 - HC-KAR NC: 2025:KHC:38429 WP No. 15804 of 2023 aggrieved by the same, the petitioner approached this Court by filing W.P.No.36634/2018. This Court, by order dated 19.02.2019, disposed of the said petition directing the respondents to treat the writ petition as representation by the petitioner and permitted the petitioner to furnish another representation and directed them to consider the same. Accordingly, the petitioner submitted a representation on 02.03.2019 vide Annexure-P along with the documents. The respondents, by order dated 13.05.2019, rejected the request of the petitioner. The petitioner challenged the same by filing W.P.No.23610/2019. This Court, by order dated 12.02.2021, allowed the writ petition and quashed the endorsement dated 13.05.2019 and directed the respondent-Board to reconsider the case of the petitioner in the light of the observation made in that order. - 10 - HC-KAR NC: 2025:KHC:38429 WP No. 15804 of 2023 Thereafter, the Board, by order dated 28.07.2021 vide Annexure-Z, retrospectively promoted the petitioner as FDAA w.e.f. 04.05.2016. Thereafter, the respondent issued a notification by publishing a Provisional Seniority List with respect to the cadre of FDAA. The name of the petitioner was found at Sl.No.22 and the petitioner’s case was considered that he had been appointed on 07.01.2022. The petitioner filed objections to the Provisional Seniority List stating that the petitioner was appointed as FDAA on 04.05.2016 and that in the impugned seniority list, his seniority had to be fixed with respect to the appointment date. Respondent No.2, by impugned notification dated 21.06.2023 (Annexure-AF), rejected the objection and the final seniority list with respect to the cadre of FDAA was published. Being aggrieved by the same, the petitioner is before this Court. - 11 - HC-KAR NC: 2025:KHC:38429 WP No. 15804 of 2023 3. Learned counsel appearing for the petitioner has submitted that pursuant to the directions issued by this Court in W.P.No.23610/2019, the petitioner’s case was reconsidered vide Annexure-Z on 28.07.2021. The petitioner’s appointment to the post of FDAA is with retrospective effect from 04.05.2016. Contrary to the directions issued by this Court and contrary to the order dated 28.07.2021 vide Annexure-Z, the seniority list has been issued showing the petitioner’s name at Sl.No.22, on the basis that his date of appointment is considered as 07.01.2022. The impugned seniority list vide Annexure-AF is contrary to the appointment order as well as the directions issued by this Court. Hence, he sought for allowing the writ petition. 4. Per contra, the learned counsel appearing for the Board has submitted that the appointment order vide Annexure-Z, appointing the petitioner to the cadre of FDAA, was issued on 28.07.2021. Thereafter, the probation period was completed on 07.01.2022. Therefore, - 12 - HC-KAR NC: 2025:KHC:38429 WP No. 15804 of 2023 the date of appointment has been mentioned as 07.01.2022. 5. Heard the learned counsel for the parties. Perused the writ petition papers. 6. It is not in dispute that the petitioner’s father was working as Water Inspector in respondent-Board and he died on 14.10.2018 while he was in service. The petitioner has been appointed as Attender on compassionate ground on 29.04.2014. Thereafter, the petitioner has acquired B.Com. Since he was a B.Com graduate, he sought for modification of the appointment order to the post of FDAA. Thereafter, in the seniority list of FDAAs, the date of entry of the petitioner is shown as 04.06.2016. Thereafter, his appointment as FDAA is modified as Attender vide Annexure-H dated 16.08.2018. Being aggrieved by the same, the petitioner approached this Court by filing W.P.No.23610/2019. This Court by order dated 12.02.2021 has quashed the official memorandum dated 16.08.2018 and endorsement dated 13.05.2019 and - 13 - HC-KAR NC: 2025:KHC:38429 WP No. 15804 of 2023 directed the Board to reconsider the case of the petitioner in light of observation made therein and pass an appropriate order, in accordance with law. The relevant paragraphs are extracted below: “9. The contention of the learned counsel appearing for the respondents Sri Chenne Gowda, is that the compassionate appointment once given and accepted cannot be altered at the request of the appointee as compassionate appointment is not akin to direct recruitment. While there can be no qualm about the contention, the fact remains that respondents had in fact granted the petitioner an appointment on compassionate grounds qua his qualification but the reversion is on the ground that the petitioner did not possess the sald qualification at the time of death of the employee or at the time when the application was made in the year 2000. It is not in dispute that at the time when the appointment of the petitioner was considered he was a qualified Bachelor of Commerce degree holder. Therefore, the judgments relied on by the leamed counsel appearing for the respondents are inapplicable to the facts of the case at hand when they are tested on the anvil of the order impugned. - 14 - HC-KAR NC: 2025:KHC:38429 WP No. 15804 of 2023 8. For the aforesaid reasons, I pass the following order:- O R D E R a. The writ petition is allowed; b. The Official Memorandum dated 16-08-2018 and endorsement dated 13-05-2019 are quashed. The respondent/Board is directed to reconsider the case of the petitioner in the light of observations made hereinabove and pass appropriate orders in accordance with law as expeditiously as possible and at any rate within an outer limit of six months from the date of receipt of a copy of this order.” 7. Pursuant to directions issued by this Court, the respondent-Board has modified the appointment order of the petitioner on 28.07.2021. The petitioner has been appointed as FDAA from retrospective effect i.e. from 04.05.2016. While considering the case of the petitioner, in the seniority list vide Annexure-AF for the cadre of FDAA, the date of entry to the service is shown as 07.01.2022, the said entry is contrary to the modified - 15 - HC-KAR NC: 2025:KHC:38429 WP No. 15804 of 2023 appointment order on 28.07.2021 and directions issued by this Court in W.P.No.23618/2019. 8. Therefore, to that effect, the impugned order vide Annexure-AF is quashed. 9. The respondent is directed to reconsider the case of the petitioner, keeping in view of the directions issued by this Court in W.P.No.23610/2019 dated 12.02.2021, within four weeks from the date of receipt of copy of this order. 10. In view of the above, the writ petition is allowed. 11. All pending IAs, if any, are disposed of accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 26