1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF SEPTEMBER 2021

PRESENT

THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

C.C.C. NO.282/2021

BETWEEN:

SRI. KRISHNAPPA S/O ERAPPA

AGED ABOUT 40 YEARS

R/AT. NO.27, J.V. ARCADE

GROUND FLOOR

KALPANA CHAWLA ROAD

R.M.V. EXTENSION

BHOPSANDRA, SANJAYNAGAR

BANGALORE-560094.

... COMPLAINANT

(BY SRI. PROF. RAVI VARMA KUMAR, SR. COUNSEL FOR

SRI. SIDHARTH BABU RAO, ADV.,)

AND:

1.

SRI. N. MANJUNATH PARASAD, IAS

COMMISSIONER

BRUHATH BANGALURU MAHANAGARA PALIKE

N.R. SQUARE, BANGALORE

BENGALURU-560002.

2.

SRI. G. LINGAMURTHY KAS

THE DEPUTY COMMISSIONER

BRUHATH BANGALURU MAHANAGARA PALIKE

2

N.R. SQUARE, BANGALORE

BENGALURU-560002.

... ACCUSED

(BY SRI. V. SREENIDHI, ADV., FOR A1

A2 SERVED)

- - -

THIS C.C.C. IS FILED UNDER SECTION 11 & 12 OF THE

CONTEMPT OF COURTS ACT, 1971, PRAYING TO DIRECT THE

ACCUSED TO BE PROCEEDED AGAINST FOR COMMITTING

CONTEMPT OF COURT U/S 11 AND 12 OF THE CONTEMPT OF

COURTS

ACT,

1971

R/W

ARTICLE

215

OF

THE

CONSTITUTION OF INDIA FOR THEIR DISOBEDIENCE OF THE

ORDER DATED 22.10.2019 MADE IN W.P.No.5903/2015 (S-

RES) AND ISSUE A CONSEQUENTIAL DIRECTION TO THE

ACCUSED TO STRICTLY COMPLY WITH THE DIRECTION

ISSUED IN THE SAID WRIT PETITION AND GIVE THE

COMPLAINANT ALL THE BENEFITS THAT FLOW FROM SUCH

IMPLEMENTATION WITH INTEREST FROM THE DATE HE

BECAME ELIGIBLE UNDER THE SAID ORDER.

THIS C.C.C. COMING ON FOR ORDERS, THIS DAY,

ALOK ARADHE J., MADE THE FOLLOWING:

ORDER

This contempt petition has been filed alleging non

compliance of the order dated 22.10.2019 passed by the

learned Single Judge.

2.

Facts leading to filing of this petition briefly

stated are that the complainant was appointed as

lecturer in Department of Technical Education on

03.03.1999 and later on was promoted as Senior Grade

3

Lecturer in Group-B Post. The State Government had

invited applications for appointment to the post of

Assistant Engineer in Public Works Department. The

complainant was selected for the post of Assistant

Engineer and was deputed to Bruhath Bangalore

Mahanagara

Palike

(BBMP)

on

deputation

on

31.08.2007.

The

BBMP

invited

applications

for

appointment for the post of Assistant Engineer. The

complainant was selected and was appointed as an

Assistant Engineer on 03.06.2010. The complainant

requested the authority to assign him seniority with

effect from 03.03.1999 in the seniority list of Assistant

Engineers

of

BBMP.

However,

the

claim

of

the

complainant was not considered. The complainant

therefore, filed a writ petition viz., W.P.No.5297/2013,

in which a direction was sought to the authorities of

BBMP to consider the representation submitted by the

complainant. The aforesaid writ petition was disposed of

by learned Single Judge of this court by order dated

4

28.11.2013 directing the respondents to consider the

representation submitted by the complainant. The claim

of the complainant for reckoning his seniority with effect

from 03.03.1999 was rejected by an order dated

07.11.2014 and it was directed that past services

rendered by the complainant shall be counted only for

the purposes of pension and not seniority.

3.

The complainant therefore, again filed a writ

petition viz., W.P.No.5903/2015 seeking quashment of

order dated 07.11.2014 and a direction to consider past

services rendered by the complainant from 12.03.1999

to 21.06.2010. The learned Single Judge by an order

dated 22.10.2019 inter alia quashed the endorsement

dated

07.11.2014

and

remitted

the

matter

to

respondent Nos.1 and 2 to re-consider the seniority of

the complainant with effect from 03.03.1999 and to

pass appropriate speaking orders in the light of

observation made within a period of three months from

the date of receipt of copy of the order. Accordingly, the

5

writ petition was allowed. In compliance o