- 1 - HC-KAR NC: 2025:KHC:28593 WP No. 9907 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9907 OF 2025 (S-RES) BETWEEN: SRI VENKATARAMANA G V S/O SRI. VEMA NARAYANA AGED ABOUT 48 YEARS WORKING AS SECOND DIVISION ASSISTANT EMPLOYEE ID NO.2670 RESIDING AT 4TH CROSS BESTHARA BEEDHI YELAHANKA, BANGALORE 560064 …PETITIONER (BY SRI. M S DEVARAJU., ADVOCATE) AND: 1. THE ADDITIONAL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA VIKASA SOUDHA, BANGALORE 560001. 2. THE CHIEF COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N.R. SQUARE BANGALORE 560002. 3. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT K G ROAD, BANGALORE 560009. …RESPONDENTS (BY SMT CHANDINI S. HCGP. R1 & R3: SRI B L SANJEEV, ADVOCATE R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND 2 TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 06/01/2025 SERVED Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28593 WP No. 9907 of 2025 ON R1 AND 2 ON 10/01/2025 PRODUCED VIDE ANNEXURE-Q AND R AND ETC. THIS PETITION, 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 1. In this writ petition, the petitioner has sought for the following relief/s: “(i) Issue a Writ of Mandamus or any other writ order ог direction, directing the Respondent No.1 and 2 to consider the representation submitted by the Petitioner dated 06.01.2025 served on Respondent No.1 and 2 on 10.01.2025 produced vide Annexure "Q" and "R"; (ii) This Hon'ble Court may be further pleased to issue a writ of Mandamus or any other appropriate writ or order or direction directing the Respondent No.1 and 2 to fix the scale of Pay to the petitioner as applicable to the First Division Assistant in the interest of justice and equity; - 3 - HC-KAR NC: 2025:KHC:28593 WP No. 9907 of 2025 (iii) Writ of Mandamus or any other appropriate order or direction to pay the arrears of salary as applicable to First Division Assistant from the date of appointment i.e., 07.08.2003 till the fixation of the salary of the petitioner as applicable to First Division Assistant in the interest of justice and equity. vide Annexure "Q" and "R" dated 06.01.2025 and all consequential financial and seniority benefits in the interest of justice and equity, (iv) Grant such other reliefs as deemed fit in the circumstances of the case in the interest of justice.” 2. The case of the petitioner is that he was appointed as a Clerk in the office of the Yelahanka City Municipal Council on 07.08.2003. Since the petitioner had completed his graduation and had successfully completed a computer course, he made a representation to the Council requesting that he has to be paid a salary applicable to the - 4 - HC-KAR NC: 2025:KHC:28593 WP No. 9907 of 2025 post of First Division Assistant (FDA) vide Annexure-G. However, no action was taken by the Council. In the meantime, the Government, by notification dated 16.01.2007, merged the City Municipal Councils into Bruhat Bengaluru Mahanagara Palike (BBMP). Consequently, all the employees working in the Yelahanka City Municipal Council were absorbed into the BBMP. The petitioner, who was working as a Clerk in the City Municipal Council and had completed his graduation and a computer course, was initially considered as an Office Assistant after the merger. He was later informed that his post was equivalent to Second Division Assistant (SDA). Subsequently, the Government passed order merging the employees of the 7 City Municipal Councils and 1 Town Municipal Council into the services of the BBMP, and the same was published in the Gazette Notification. The petitioner submitted a representation to respondent No.2 to merge his post into FDA, as he possessed the required qualifications at the time of his initial appointment. - 5 - HC-KAR NC: 2025:KHC:28593 WP No. 9907 of 2025 However, respondent No.2 passed an order categorizing the petitioner as a Group D employee, equivalent to his cadre in the BBMP, and directed that his services continue as an SDA in his current office. The petitioner once again submitted representations dated 06.01.2025 vide Annexures - Q & R, to respondent Nos. 1 and 2, respectively, requesting to consider him for the post of FDA from the date of his appointment and to pay the arrears applicable to that post, along with all consequential financial and service benefits. However, the respondents neither responded to the representations, nor fixed the petitioner’s post as FDA, nor paid the arrears of salary and other benefits. Being aggrieved by the inaction of the respondents, the present petition has been filed. 3. Learned counsel appearing for the petitioner placed reliance on the order passed by this Court in W.P.No.10141/2025, disposed of on 02.05.2025, wherein this Court, in the case of a similarly situated person, disposed of the writ petition with a direction to the - 6 - HC-KAR NC: 2025:KHC:28593 WP No. 9907 of 2025 respondents to consider the representation of the petitioner therein. 4. Learned counsel appearing for respondent No.2 submits that the representations submitted by the petitioner vide Annexures - Q and R, will be considered, in accordance with law. 5. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 6. Respondent No.2 is directed to consider the representations dated 06.01.2025 vide Annexures - Q and R, in accordance with law, as expeditiously as possible, not later than eight weeks from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 52