- 1 -

NC: 2023:KHC:34627

WP No. 15724 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF SEPTEMBER, 2023

BEFORE

THE HON'BLE MR JUSTICE N S SANJAY GOWDA

WRIT PETITION NO. 15724 OF 2023 (S-RES)

BETWEEN:

1.

SRI. ANIL GANAPATHY SANKOLLI

S/O GANAPATHY M SANKOLLI,

AGED ABOUT 58 YEARS,

WORKING AS EXECUTIVE ENGINEER,

KARNATAKA HOUSING BOARD,

COORDINATING OFFICE,

KHB BENGALURU RURAL,

KAVERI BHAVAN, K G ROAD,

BENGALURU 560009.

…PETITIONER

(BY SRI. VIJAYA KUMAR.,ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

REPRESENTED BY

ITS PRINCIPAL SECRETARY,

HOUSING DEPARTMENT,

VIKAS SOUDHA,

BENGALURU 560001.

2.

THE COMMISSIONER

KARNATAKA HOUSING BOARD,

KAVERI BHAVAN, K G ROAD,

BENGALURU 560009.

Digitally

signed by

PANKAJA S

Location:

HIGH

COURT OF

KARNATAKA

- 2 -

NC: 2023:KHC:34627

WP No. 15724 of 2023

3.

THE SECRETARY

KARNATAKA HOUSING BOARD,

KAVERI BHAVAN, K G ROAD,

BENGALURU 560009.

4.

SRI B R JAGADISH

EXECUTIVE ENGINEER,

KARNATAKA HOUSING BOARD,

KAVERI BHAVAN, K G ROAD,

BENGALURU 560009.

…RESPONDENTS

(BY SRI. Y.H.VIJAYA KUMAR ADDITIONAL ADVOCATE GENERAL

A/W SRI HARISHA.A.S., AGA FOR R-1;

SRI.V.LAKSHMINARAYANA SENIOR COUNSEL APPEARING

FOR SRI PRATHAM.N., ADVOCATE FOR R-4;

SRI.B.J.MAHESH, ADVOCATE FOR R-2 & R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR

RELEVANT RECORDS RELATING TO ISSUE OF IMPUGNED

NOTIFICATION BEARING NO.VA E 78 KA GRA MA 2023 DATED

18.7.2023 PASSED BY THE RESPONDENT NO.1 VIDE

ANNEXURE-G, ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

1.

This writ petition is filed challenging the order passed

by the Government by which respondent No.4 has been

placed in additional charge as a Superintendent Engineer

of the Karnataka Housing Board.

- 3 -

NC: 2023:KHC:34627

WP No. 15724 of 2023

2.

The petitioner contends that in the seniority list of

Assistant Executive Engineer published by the Karnataka

Housing Board, he has been assigned Rank No.2 by which

respondent No.4 has been assigned Rank No.8 and is,

therefore, junior to him.

3.

It is also his case that a direction had been issued by

this Court on 07.12.2022 in Writ Petition No.12920 of

2022 quashing the endorsement dated 15.02.2022, issued

by the Karnataka Housing Board stating that the Sealed

Cover relating to his promotion would be opened only on

the conclusion of the enquiry and it would not be opened

merely because an interim order was granted in the writ

petition filed by him challenging the charge memo.

4.

This Court also proceeded to direct the respondents

therein to open the sealed cover procedure followed in

respect of the petitioner in the matter of his promotion by

the Departmental Promotion Committee (“the DPC” for

short) in its meeting held on 25.06.2021 and to give effect

to the said decision. It is also stated that if the decision of

- 4 -

NC: 2023:KHC:34627

WP No. 15724 of 2023

the DPC was in favour of the petitioner, he shall be

granted all consequential benefits.

5.

It is submitted that pursuant to the said order, the

petitioner was promoted as an Executive Engineer vide

order dated 27.03.2023 with retrospective effect from

01.07.2021 and was posted to work in the Bangalore Rural

Division of the Karnataka Housing Board.

6.

It is the specific case that though he was working in

the office of the Superintendent Engineer at Bengaluru and

was the immediate junior to the Superintendent Engineer,

on the retirement of the Superintendent Engineer, instead

of placing him in additional charge, the Government had

placed

respondent

No.4

in

additional

charge

as

Superintendent Engineer, contrary to Rue 68 of the

Karnataka Civil Services Rules (“the KCSR”, for short) and

therefore, the said order will have to be quashed.

7.

The Karnataka Housing Board has filed a memo

furnishing the seniority list