- 1 - HC-KAR NC: 2025:KHC:33452 WP No. 13191 of 2021 C/W WP No. 7694 of 2021 WP No. 16078 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13191 OF 2021 (S-PRO) C/W WRIT PETITION NO. 7694 OF 2021 (S-RES) WRIT PETITION NO. 16078 OF 2021 (S-RES) IN WP No. 13191/2021 BETWEEN: MR D M MUNI REDDY AGED ABOUT 33 YEARS S/O D M MUNISWAMY REDDY RESIDING AT NO.11 SIRISAGAR APARTMENT, 1ST MAIN MYTHREYI LAYOUT, WHITEFIELD BENGALURU-560068. …PETITIONER (BY SRI. NISHANTH A V., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, BENGALURU-560001 REP. BY ITS PRINCIPAL SECRETARY. 2. BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU-560032 REP. BY ITS COMMISSIONER. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33452 WP No. 13191 of 2021 C/W WP No. 7694 of 2021 WP No. 16078 of 2021 3. DEPUTY COMMISSIONER (ADMINISTRATION) BRUHATH BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU-560032 …RESPONDENTS (BY SRI.B J ESWARAPPA, AGA FOR R1: SRI B L SANJEEV, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE BRUHAT BENGALURU MAHANAGARA PALIKE (GENERAL CADRE AND RECRUITMENT OF OFFICERS AND EMPLOYEES) RULES 2020 NOTIFIED AS PER NOTIFICATION DATED:16.3.2020 ISSUED BY THE R-1 VIDE ANNEXURE-A AND ETC. IN WP NO. 7694/2021 BETWEEN: 1. M MAHADEVA S/O MARIMADAIAH AGED ABOUT 50 YEARS PRESENTLY WORKING AS EXECUTIVE ENGINEER I/C O/O EXECUTIVE ENGINEER (TRANSPORT) BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE,BENGALURU - 560002. 2. L GEETHA D/O LINGAPPA AGED ABOUT 54 YEARS PRESENTLY WORKING AS EXECUTIVE ENGINEER I/C O/O EXECUTIVE ENGINEER LAKES BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU - 560002. - 3 - HC-KAR NC: 2025:KHC:33452 WP No. 13191 of 2021 C/W WP No. 7694 of 2021 WP No. 16078 of 2021 3. VENKATALAKSHMI W/O KONDALA RAO AGED ABOUT 52 YEARS PRESENTLY WORKING AS EXECUTIVE ENGINEER I/C O/O EXECUTIVE ENGINEER TVCC BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU - 560002. 4. VALU RATHOD S/O JEMALU AGED ABOUT 50 YEARS PRESENTLY WORKING AS EXECUTIVE ENGINEER I/C O/O EXECUTIVE ENGINEER BOMMANAHALLI PROJECT BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU - 560002. 5. H BHIMESH S/O HANUMADASAPPA AGED ABOUT 50 YEARS PRESENTLY WORKING AS EXECUTIVE ENGINEER I/C O/O EXECUTIVE ENGINEER (SWM) BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU - 560002. ...PETITIONERS (BY SRI. PAWAN KUMAR M N., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, BANGALORE - 560001 REP BY ITS PRINCIPAL SECRETARY. 2. BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU - 560002 REP BY ITS COMMISSIONER - 4 - HC-KAR NC: 2025:KHC:33452 WP No. 13191 of 2021 C/W WP No. 7694 of 2021 WP No. 16078 of 2021 3. DEPUTY COMMISSIONER (ADMINISTRATION) BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU – 560002. ...RESPONDENTS (BY SRI. B J ESWARAPPA, AGA FOR R1 SRI B L SANJEEV, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE BRUHAT BENGALURU MAHANAGARA PALIKE (GENERAL CADRE AND RECRUITMENT OF OFFICERS AND EMPLOYEES) RULES 2020 NOTIFIED AS PER NOTIFICATION DATED:16.3.2020 ISSUED BY THE R-1 VIDE ANNEXURE-A AND ETC. IN WP NO. 16078/2021 BETWEEN: MR H V ASWATHA S/O LATE VENKATA SHAMAPPA AGED ABOUT 55 YEARS PRESENTLY WORKING AS DEPUTY DIRECTOR TOWN PLANNING NORTH I /C BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU – 560002 ...PETITIONER (BY SRI. PAWAN KUMAR M N., ADVOCATE ) AND: 1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, BENGALURU - 560001 REP. BY ITS PRINCIPAL SECRETARY. 2. BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU - 560002 REP BY ITS COMMISSIONER. - 5 - HC-KAR NC: 2025:KHC:33452 WP No. 13191 of 2021 C/W WP No. 7694 of 2021 WP No. 16078 of 2021 3. DEPUTY COMMISSIONER (ADMINISTRATION) BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU - 560002 ...RESPONDENTS (BY SRI.B J ESWARAPPA, AGA FOR R1: SRI. B L SANJEEV, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE BRUHAT BENGALURU MAHANAGARA PALIKE (GENERAL CADRE AND RECRUITMENT OF OFFICERS AND EMPLOYEES) RULES, 2020 NOTIFIED AS PER NOTIFICATION NO. UDD 90 MNU 2014 (P-1) DATED 16.03.2020 ISSUED BY THE R-1 VIDE ANNEXURE- A AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER These writ petitions are filed under Articles 226 & 227 of the Constitution of India, challenging the Bruhat Bengaluru Mahanagara Palike (General Cadre and Recruitment of Officers and Employees) Rules, 2020 dated 16.03.2020 issued by the first respondent, in so far as the prescription of minimum qualification for promotion in respect of the cadre of Executive Engineer (Civil) and the prescription of the method of recruitment, minimum - 6 - HC-KAR NC: 2025:KHC:33452 WP No. 13191 of 2021 C/W WP No. 7694 of 2021 WP No. 16078 of 2021 qualification and bifurcation of the cadre of Assistant Executive Engineer (Civil) vide Sl.Nos. 5 and 11 (Engineering Department) of Schedule I of the said Rules. 2. All these petitioners are working as Assistant Executive Engineers (‘AEE’) in the respondent – Corporation. On the basis of the seniority in the cadre of AEEs., DPC was held and the names of the petitioners were placed before the DPC. By that time, the new Rules called as ‘Bruhat Bengaluru Mahanagara Palike (General Cadre and Recruitment of Officers and Employees) Rules, 2020 (for short, ‘2020 Rules’) has been framed. In the earlier Rules, the AEEs., who were holding diploma in Engineering were eligible to be promoted to the post of Executive Engineers. But, as per the 2020 Rules, to be promoted as Executive Engineers, the AEEs. should have acquired B.E. Degree. Therefore, the petitioners have called in question the 2020 Rules. - 7 - HC-KAR NC: 2025:KHC:33452 WP No. 13191 of 2021 C/W WP No. 7694 of 2021 WP No. 16078 of 2021 3. The learned counsel for the petitioners placed reliance on the order passed by this Court in W.P.No.14885/2020 & connected matters, disposed of on 07.03.2024. The 2020 Rules has been considered by this Court and in view of Rule 16 of the 2020 Rules, repeal and savings clause, the writ petition has been allowed. Hence, he sought for allowing these writ petitions in terms of the order passed by this Court. 4. The learned counsel for the respondent - Corporation submits that the petitioner will accrue the rights only on the date the consideration takes place. He has also relied on the judgment of the Apex Court in the case of STATE OF HIMACHAL PRADESH & OTHERS vs. RAJ KUMAR AND OTHERS reported in 2022 Live Law (SC) 502. 5. In the case on hand, the DPC has already been held and the names of the petitioners were recommended for promotion before 2020 Rules came into force. - 8 - HC-KAR NC: 2025:KHC:33452 WP No. 13191 of 2021 C/W WP No. 7694 of 2021 WP No. 16078 of 2021 5. In view of the above, these writ petitions are disposed of in terms of the order passed by this Court in W.P.No.14885/2020 and connected matters, disposed of on 07.03.2024. The respondents are directed to consider the case of the petitioners for promotion from the post of AEE to the post of Executive Engineer, without insisting for Degree in Engineering, if they are otherwise qualified and eligible. In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 39