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2025 DAILYLAW 75985 (KAR)

THE STATE OF KARNATAKA v. SRI. E VINOD KUMAR

WA/1321/2025 · 2025-12-12

D K Singh, Tara Vitasta Ganju

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52998-DB WA No. 1321 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1321 OF 2025 (S-RES) BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, (MUNICIPALITIES AND URBAN DEVELOPMENT AUTHORITIES), VIKASA SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER DIRECTORATE OF MUNICIPAL ADMINISTRATION, V.V.TOWER, DR.B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001. …APPELLANTS (BY SRI. MOHAMMAD JAFFAR SHAH,AGA) AND: 1. SRI. E VINOD KUMAR SON OF SRI. EARANAGABHOVI AGED ABOUT 53 YEARS WORKING AS JUNIOR ENGINEER HEBBAGODI MUNICIPALITIES - 2 - HC-KAR NC: 2025:KHC:52998-DB WA No. 1321 of 2025 BENGALURU URBAN DISTRICT BENGALURU - 560 505. AND PERMANENTLY RESIDING AT NO.15/1, 3RD MAIN, 9TH CROSS A CROSS, AGRAHARA DASARA HALLI BENGALURU - 560 079. 2. THE COMMSISIONER TUMKUR CITY CORPORATION TUMKUR - 572 102. …RESPONDENTS THIS WRIT APPEAL FILED IS U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET-ASIDE THE ORDER DATED 10/10/2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.10772/2021(S-RES) AND GRANT SUCH OTHER ORDER OR DIRECTION AND ETC., THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2025:KHC:52998-DB WA No. 1321 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. This appeal has been filed impugning the judgment and order dated 10.10.2023 passed in Writ Petition No.10772/2021 passed by the learned Single Judge, whereby the petitioner has been directed to be absorbed under the Karnataka Municipalities (Absorption of the employees appointed under the scheme of Swarna Jayanthi Shahari Rojgar Yojana in Urban Local Bodies), Rules, 2005. The petitioner has been absorbed in pursuance to the said direction. 2. Smt.Mohammad Jaffar Shah, learned Additional Government Advocate for the appellants submits that the petitioner is claiming seniority from the date of first absorption. In the impugned judgment, in respect of the seniority, the following direction has been issued: "11. It is needless to state that the seniority of the petitioner, on being absorbed, would be governed by the relevant Rules and he would necessarily have to be placed as the Junior- most in that cadre." - 4 - HC-KAR NC: 2025:KHC:52998-DB WA No. 1321 of 2025 3. The said direction is itself quite clear. We do not think that said direction requires an interference from this Court regarding giving seniority to the petitioner on he being absorbed in the cadre. Therefore, we find no merit in this appeal, it is hereby dismissed. In view of the dismissal of the writ appeal, I.A No.2/2025 does not survive for consideration and the same is disposed of. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE UN List No.: 1 Sl No.: 6 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA