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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF JULY 2019

BEFORE

THE HON’BLE MR. JUSTICE P.B.BAJANTHRI

WRIT PETITION NO.25029/2019 (S-PRO)

BETWEEN:

SRI ERANNA

S/O LATE KARIYANNA

AGED ABOUT 60 YEARS

WORKING AS ASSISTANT EXECUTIVE ENGINEER

(INDEPENDENT CHARGE)

R/AT MANJUNATHA NILAYA

15^TH CROSS, GANGOTHRINAGAR

NEAR SIT COLLEGE BACK GATE

TUMKUR

... PETITIONER

(BY SRI JAGADEESHA P.R. &

SRI J.PRASHANTH, ADVOCATES)

AND:

1. THE MANAGING DIRECTOR

KARNATAKA URBAN WATER SUPPLY AND

DRAINAGE BOARD

JALBHAVAN, BANNERGHATTA MAIN ROAD

BANGALORE

2. THE STATE OF KARNATAKA

REPRESENTED BY ITS PRINCIPAL SECRETARY

URBAN DEVELOPMENT DEPARTMENT

VIKASA SOUDHA

DR. B.R.AMBEDKAR VEEDHI

BANGALORE-560 001

3. THE COMMISSIONER

SOCIAL WELFARE DEPARTMENT

M.S.BUILDING

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DR.AMBEDKAR VEEDHI

BANGALORE-560 001 ... RESPONDENTS

(BY SRI H.N.SHASHIDHAR, ADVOCATE FOR R-1;

SRI SREEDHAR N.HEGDE, HCGP FOR R-2;

R-3 SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE

RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED

14.11.2018, 06.01.2019 AND 19.03.2019 OF THE PETITIONER

VIDE ANNEXURES-A, B & C RESPECTIVELY AND PROMOTE HIM

TO THE POST OF ASSISTANT EXECUTIVE ENGINEER ON THE

BASIS OF THE SENIORITY LIST ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE

FOLLOWING:

O R D E R

1.

Sri Sreedhar N.Hegde, learned HCGP takes notice for

respondent no.2.

2.

In the instant petition, the petitioner has sought for

the following reliefs:

a)

Issue a writ, order or direction in the nature

of mandamus directing the Respondents to

consider

the

representations

dated

14.11.2018, 06.01.2019 and 19.03.2019 of

the Petitioner vide Annexures-A, B and C

respectively and promote him to the post of

Assistant Executive Engineer on the basis of

the seniority list.

b)

Issue a writ, order or direction in the nature

of mandamus directing the Respondents to

conduct Departmental Promotion Committee

meeting and to give retrospective promotion

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to the petitioner with effect from 28.01.2013

the day on which he was given independent

charge as Assistant Executive Engineer in

the services of the Respondent Board with all

consequential benefit following from the

same.

c)

Pass any order of consequential relief or any

other appropriate order or direction as this

Hon’ble Court deems fit in the facts and

circumstances of the case in the ends of

justice and equity.

3.

Petitioner was appointed on daily wage basis on

07.07.1985

and

his

services

were

regularized

on

07.07.1995 against one of the posts of Assistant Engineer.

Having regard to the length of service rendered by the

petitioner in the cadre of Assistant Engineer and as he was

eligible for promotion to the cadre of Assistant Executive

Engineer, he was placed in independent charge of Assistant

Executive Engineer on 28.01.2013.

4.

Rule 32 of the Karnataka Civil Services Rules (‘the

KCSR’ for short) reads as under:

“32. Instead of appointing a Government servant to

officiate, it is also permissible to appoint him to be in charge

of the current duties of a vacant post. In such a case a

“charge allowance” (additional pay) is payable as specified

in Rule 68.

Note 1.−A Government servant can be appointed

under this Rule to be in-charge of the current duties of a

vacant post only if he is eligible to be promoted to officiate

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in that post according to the Cadre and Recruitment Rules

applicable to that post or if he is holding a post in an

equivalent or higher grade.

Note 2.−The provisions of this Rule apply also to

cases where a Government servant being relieved of his

own