Disposed

Sri M Chandrashekar v. the State of Karnataka

Karnataka HC7 Feb 2023WP/7954/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition by directing the Karnataka Urban Water Supply and Drainage Board to consider representations for implementing 2015 report on retrospective promotion of SC/ST employees, with liberty to approach the court again if action is delayed.

What did the court decide?

Directed third respondent to consider representations for implementation of 2015 report; liberty to revisit if action not taken timely.

Sri M Chandrashekar Vs the State of Karnataka — Service and Employment | Karnataka HC (2023)

¶1

¶2

WP No. 7954 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 7^TH DAY OF FEBRUARY, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE B M SHYAM PRASAD

¶7

WRIT PETITION NO. 7954 OF 2022 (S-PRO)

¶8

BETWEEN:

¶9

SRI M CHANDRASHEKAR S/O LATE MANIYA AGED ABOUT 47 YEARS WORKING AS EXECUTIVE ENGINEER(ACCOUNT) KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD MALLIKATE, MANGALORE.

¶10

Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

¶11

SMT KUSUMA K N W/O PRASHANTH G NETRAKAR AGED ABOUT 43 YEARS WORKING AS ASSISTANT EXECUTIVE ENGINEER KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD R/A G3, MAANYA ARENA APARTMENT NEAR GOVT SCHOOL, NYANAPANAHALLI BENGALURU-560076.

¶12

SRI D UMESH CHANDRA S/O S DORESWAMY AGED ABOUT 44 YEARS ASSISTANT EXECUTIVE ENGINEER KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD, SUB DIVISIN CHAMARAJANAGARA-571313.

¶13

¶14

WP No. 7954 of 2022

¶15

SRI KASHI VISHWANATH S/O MADAPPA AGED ABOUT 48 YEARS WORKING AS ASSISTANT EXECUTIVE ENGINEER KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD, NO.1 SUB DIVISION TUMKUR.

¶16

SRI K MANJUNATH S/O THINDAPPA AGED ABOUT 49 YEARS WORKING AS ASSISTANT EXECUTIVE ENGINEER KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD NO.1, CITY SUB DIVISION(JNNURM) YADAVAGIRI, MYSORE-570020.

¶17

SRI P CHINN1ASWAMY S/O LATE PUTTANANJA AGED ABOUT 46 YEARS WORKING AS ASSISTANT EXECUTIVE ENGINEER KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD, NO.1 MAINTENANCE SUB DIVISION, VIJAYAPURA.

¶18

…PETITIONERS

¶19

(BY SRI. J.PRASHANTH, ADVOCATE FOR SRI. JAGADEESHA P R.,ADVOCATE)

¶20

¶21

WP No. 7954 of 2022

¶22

AND:

¶23

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, VIDHANA VEEDHI BANGALORE-560001.

¶24

THE SECRETARY TO GOVERNMENT SOCIAL WELFARE DEPARTMENT VIKASA SOUDHA, VIDHANA VEEDHI BANGALORE-560001.

¶25

MANAGING DIRECTOR KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD, JALBHAVAN BANNERGHATTA MAIN ROAD BANGALORE-560029.

¶26

…RESPONDENTS

¶27

(BY SRI.M.S. NAGARAJA., AGA FOR R1 AND R2; SMT. SINCHANA M.R., ADVOCATE FOR R3)

¶28

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO IMPLEMENT THE REPORT/RECOMMENDATION OF THE KARNATAKA LEGISLATIVE COMMITTEE DATED 30.03.2015 VIDE ANNEXURE-B PERTAINING TO THE RETROSPECTIVE PROMOTION TO THE SC/ST CANDIDATES WORKING IN THE R3 BOARD; DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 24.11.2021, 07.02.2022, 07.02.2022, 11.02.2022, 15.02.2022, 07.02.2022, 14.02.2022 AND 08.02.2022 AT ANNEXUREF,G,H,J,K,L,M AND N RESPECTIVELY.

¶29

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶30

¶31

WP No. 7954 of 2022

¶32

ORDER

¶33

The petitioners have filed this petition for the following reliefs:

¶34

Direction the Respondents to implement the report/recommendation of the Karnataka Legislative Committee dated 30.03.2015 [Annexure-B] insofar as grant of retrospective promotion to the SC/ST candidates working the third Respondent - Board.

¶35

Direction to the Respondents to consider the representations dated 24.11.2021, 07.02.2022, 07.02.2022, 11.02.2022, 15.02.2022, 07.02.2022, 14.02.2022 and 08.02.2022 at Annexures-F, G, J, K, L, M and N.

¶36

Sri J.Prashanth, the learned counsel for the petitioners, submits that the Karnataka Legislative Committee vide its report dated 30.03.2015 [ Annexure-B ] has pointed out certain anomalies in reservation for schedule caste and scheduled tribe

¶37

¶38

WP No. 7954 of 2022

¶39

employees with the third respondent suggesting certain measures for removal of such anomalies. Though this report is of the year 2015 and repeated representations have been filed as per Annexures-F, G, H, J, K, L, M and N, no action has been taken.

¶40

When queried, Sri J.Prashanth submits that the petitioners would not insist upon the first prayer. Smt. Sinchana M.R., the learned counsel for the third respondent in the light of this submissions, submits that the petition could be disposed of directing the third respondent to consider the report dated 30.03.2015 and take suitable action in accordance with law within a reasonable time.

¶41

In the light of the above, the petition stands disposed of directing the third respondent to consider the petitioners’ representation for implementation of the report dated 30.03.2015, and given the circumstances that would entail such consideration,

¶42

¶43

WP No. 7954 of 2022

¶44

this Court could only observe that if the petitioners’ representations have not been considered within a reasonable time, there must be liberty to the petitioners to approach this Court again under Article 226 of the Constitution of India, and the petitioners are reserved such liberty.

¶45

SD/JUDGE

¶46

SA ct:sr

Sri M Chandrashekar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri M Chandrashekar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Chikkabasavegowda Vs the State of Karnataka

K. Chandrashekhar Vs Chief Election Commissioner

Suraj Prasad Swrankar Vs Kudremukha Iron Ore Company Limited

Miss D Manjula Vs the State of Karnataka

Sujatha. S Vs Raytharashakari Sanga Ltd.

Shwetha Mahabaleshwar Naik Vs Director