Batch of writ petitions by BBMP promotees versus direct recruits over inter se seniority in FDA, Manager and Assessor cadres. Holding no direct recruitment occurred from 1977 to 2008, the court found the Quota Rule had broken down, upheld excess promotions as valid, quashed gradation lists refixing seniority, and cancelled retrospective promotions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 1130 OF 2020 (S-RES) C/w. WRIT PETITION NO. 39961 OF 2016 (S-PRO), WRIT PETITION NO. 4296 OF 2018 (S-PRO), WRIT PETITION NO. 9775 OF 2018 (S-PRO), WRIT PETITION NO. 56010 OF 2018 (S-PRO), WRIT PETITION NO. 3915 OF 2020 (S-RES), WRIT PETITION NO. 10739 OF 2020 (S-RES), WRIT PETITION NO. 5188 OF 2021 (S-RES), WRIT PETITION NO. 10879 OF 2021 (S-RES), WRIT PETITION NO. 18471 OF 2022 (S-PRO)
IN W.P.No.1130/2020:
BETWEEN:
Digitally signed by MANJANNA MANJANNA E E Date: 2024.01.24 10:29:25 +0530
… PETITIONER
(BY SRI.P.MAHESHA., ADVOCATE)
AND:
AGED ABOUT MAJOR, ASSESSOR, O/O BBMP, N.R.SQUARE, BENGALURU-560 001.
S/O NOT KNOWN TO PETITIONER, AGED ABOUT MAJOR, ASSESSOR, O/O BBMP, N.R. SUQARE, BENGALURU-560 001.
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N.R. SQUARE, BENGALURU-560 001.
S/O NOT KNOWN TO PETITIONER, AGED ABOUT MAJOR, ASSESSOR, O/O BBMP, N.R.SQUARE, BENGALURU-560 001.
ASSESSOR, O/O BBMP, ESTATE YALAHANKA, BENGALURU-560 001.
S/O NOT KNOWN TO PETITIONER, AGED ABOUT MAJOR, ASSESSOR, O/O BBMP, WELFARE, R.R.NAGAR, BENGALURU-560 001.
40 S.K.MOHAN RAM, S/O NOT KNOWN TO PETITIONER, AGED ABOUT MAJOR, V R S ASSESSOR, O/O BBMP, BENGALURU-560 001
…RESPONDENTS
(BY SRI.HARISHA.A.S., AGA FOR R-1; SRI.S.N.PRASHANTH CHANDRA, ADVOCATE FOR R-2 TO R-4; R-6, R-16, R-20 & R-38 ARE SERVED AND UNREPRESENTED
VIDE ORDER DATED 02.12.2021, PETITION AGAINST R-37 IS DISMISSED AS ABATED AND NOTICE TO R-5, R-7 TO R-15, R-17 TO R-19, R-21 TO R-36, R-39 & R-40 ARE HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, QUASH THE IMPUGNED FINAL GRADATION LIST ISSUED BY THE R-2 THE COMMISSIONER, BBMP, BENGALURU DATED 08.11.2019 VIDE ANNEXURE-E, ETC.
IN W.P.No.39961/2016:
BETWEEN:
S/O LATE KRISHNAPPA,
AGED ABOUT 41 YEARS
WORKING AS FIRST DIVISION ASSISTANT O/O ASSISTANT REVENUE OFFICER (BTM), BRUHATH BENGALURU MAHANAGARA PALIKE, JAYANAGAR, BENGALURU 560 011.
WORKING AS FIRST DIVISION ASSISTANT, RTI CELL, BRUHATH BENGALURU MAHANGARA PALIKE, N.R. SQUARE, BENGALURU 560 002.
3 . S HARISH KUMAR S/O LATE G. SHIVASHANKAR AGED ABOIT 37 YEARS WORKING AS FIRST DIVISION ASSISTANT O/O JOINT DIRECTOR, TOWN PLANNING (SOUTH), BRUHATH BENGALURU MAHANAGARA PALIKE, N.R. SQARE, BNGALURU 560 002.
4 . VEERASWAMY S/O C AMAVASYE AGED ABOUT 39 YEARS WORKING AS FIRST DIVISION ASSISTANT O/O ASSISTANT CONTROLLER OF FINANCE (SOUTH), BRUHATH BENGALURU MAHANAGARA PALIKE, JAYANAGAR 2ND BLOCK, BENGALURU-560 011.
5 . SHIVA BEERAIAH S/O BEERAIAH AGED ABOUT 52 YEARS, WORKING AS FIRST DIVISION ASSISTANT O/O EXECUTIVE ENGINEER, BRUHATH BENGALURU MAHANAGARA PALIKE, VIJAYANAGAR, BENGALURU 560 040.
…PETITIONERS
(BY SRI. R.SUBRAMANYA FOR SRI.VINAYAKA.B., ADVOCATE)
AND:
2 . STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001 BY ITS PRINCIPAL SECRETARY.
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D/O NOT KNOWN TO THE PETITIONERS, AGED ABOUT 38 YEARS
10 . PRATHIBA KULKARNI
DELETED AS PER ORDER DATED:06.12.2022
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15 . S.V. MANUJANTH
DELETED AS PER ORDER DATED:06.12.2022.
NC: 2024:KHC:2508 WP No. 1130 of 2020 And Connected Matters
AGED ABOUT 29 YEARS
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AGED ABOUT 39 YEARS,
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DELETED AS PER ORDER DATED:06.12.2022
DELETED AS PER ORDER DATED:06.12.2022
DELETED AS PER ORDER DATED:06.12.2022
D/O NOT KNOWN TO THE PETITIONERS AGED ABOUT 25 YEARS,
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100 . M. MURALIDHARAIAH
DELETED AS PER ORDER DATED:06.12.2022
104 . PRAKASH
107 . ASHWINI
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110 . K JAYANTHA
S/O NOT KNOWN TO THE PETITIONERS AGED ABOUT 26 YEARS,
111 . R MANJUNATHA S/O NOT KNOWN TO THE PETITIONERS AGED ABOUT 34 YEARS,
112 . D C GURUSHANTHAPPA S/O NOT KNOWN TO THE PETITIONERS AGED ABOUT 38 YEARS,
R-3 TO R-112 ARE ALL WORKING AS FIRST DIVISION ASSISTANTS IN BRUHATH BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BENGALURU-560002.
…RESPONDENTS
(BY SRI.M.SUBRAMANI, ADVOCATE FOR R-1; SRI.HARISHA.A.S, AGA FOR SRI.T.P.VIVEKANANDA, ADVOCATE FOR R-11, R-19, R-20, R-22, R-42, R-45, R-47, R- 59, R-61, R-64, R-69, R-71, R-78, R-79, R-81, R-82, R-88, R-89, R-93, R-96 TO R-99, R-101, R-102, R-105 TO R-107, R-109 & R-110; SRI.ARAVIND UPADHYE, FOR R-104; VIDE ORDER DATED:06.12.2022 R-10, R-12, R-16, R-27, R-33, R-34, R-46, R-92, R-94, R-95 & R-100 ARE DELETED; R-3, R-5, R-6, R-8, R-13 TO R-15, R-17 TO R-20, R-22, R-25, R-26, R-29, R-32, R-35 TO R-39, R-42 TO R-45, R-47 TO R-49, R-51 TO R-53, R-55, R-58 TO R-67, R-69, R-70, R-72, R-73, R-76, R-77, R-80, R-83 TO R-85, R-87, R-90, R-91, R-103, R-111 & R-112 ARE SERVED THROUGH HAND SUMMONS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE FINAL GRADATION LIST OF FIRST DIVISION ASSISTANTS ISSUED AS PER OFFICE ORDER DATED:09.09.2015 BY THE R-1 VIDE ANNEXURE-E IN SO FAR AS PLACING THE R-3 TO 112 ABOVE THE PETITIONERS IN THE SAID FINAL GRADATION LIST, ETC.
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IN W.P.No.4296/2018:
BETWEEN:
…PETITIONERS
(BY SRI.PAVAN KUMAR.M.N., ADVOCATE FOR PETITIONER No.1; SRI.R.SUBRAMANYA FOR SRI.VINAYAKA.B., ADVOCATE FOR PETITIONERS No.2 TO 5)
AND:
N.R.SQUARE, BENGALURU - 560 002.
2 . V SHIVAMMA MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ASSISTANT REVENUE OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE, OLD CMC OFFICE, TUMKUR ROAD, T.DASARAHALLI, BENGALURU - 560 058.
3 . D. S. GIRISH MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE SPECIAL COMMISSION FINANCE, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU - 560 058.
4 . N ARUN KUMAR MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE,
NC: 2024:KHC:2508 WP No. 1130 of 2020 And Connected Matters
K.G.NAGAR, BENGALURU - 560 058.
5 . N JYOTHILAKSHMI MAJOR BY AGE WORKING AS MANAGER, ASSISTANT REVENUE OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE, OLD CMC OFFICE, TUMKUR ROAD, T.DASARAHALLI, BENGALURU - 560 058.
6 . K S ANAND MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE MOH (RAJARAJESHWARINAGAR) BRUHAT BENGALURU MAHANAGARA PALIKE, MYSORE ROAD, NEAR KEB OFFICE, 18TH MAIN, BENGALURU - 98.
7 . H L GURUPRASANNA MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE JOINT DIRECTOR, TOWN PLANNING (SOUTH), BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU - 560 002.
9 . G. S. RAMPRASAD MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ACCOUNTS COMMITTEE (COUNCIL BUILDING) BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU - 560 002.
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10 . C REKHA
MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, DR TCM RAYAN ROAD, NEAR CITY RAILWAY STATION, BENGALURU - 560 002.
11 . M R ASHOK MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, RAJARAJESHWARI NAGAR, MYSORE ROAD, NEAR KEB OFFICE, 18TH MAIN, BENGALURU - 560 098.
12 . MADHURI KOTAGI MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, SHIVAJINAGAR,
BENGALURU - 560 051.
13 . K NAVEEN KUMAR
MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE DEPUTY MAJOR, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU - 560 002.
MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE DEPUTY CONSERVATOR OF FORESTS, BRUHAT BENGALURU MAHANAGARA PALIKE, ANNEXE-3, GROUND FLOOR, N.R.SQUARE, BENGALURU - 560 002.
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15 . D K NARASIMHAMURTHY MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, HBR LAYOUT, BDA COMPLEX, BENGALURU - 560 043.
16 . S V MANJUNATH MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, SUBRAMANYAPURA MAIN ROAD, UTTARAHALLI, BENGALURU - 560 061.
17 . RADHA BADIGERA
MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE EXECUTIVE ENGINEER (PROJECT SOUTH), BRUHAT BENGALURU MAHANAGARA PALIKE, 2ND BLOCK, 9TH CROSS, JAYANAGAR, BENGALURU - 560 011.
18 . B VARUN KUMAR MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE TOWN PLANNING COMMITTEE (COUNCIL BUILDING) BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU - 560 002.
19 . H SURESH MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE DEPUTY COMMISSIONER (ADMN) BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU - 560 002.
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20 . JAYASHREE AMBIGERA MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, RTO COMPLEX, RAJAJINAGAR, BENGALURU - 560 010.
21 . M Y KAVITHA MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, HAMPINAGAR, BENGALURU - 560 104.
22 . J NAGASHREE MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE JOINT COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, MAHADEVAPURA ZONE, WHITEFIELD MAIN ROAD, BENGALURU - 560 048.
23 . J K SHOBHA
MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, COMMERCIAL COMPLEX, 2ND FLOOR, NC ROAD, YESHWANTHPUR,
BENGALURU - 560 022.
24 . M V KRUTHIKA MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, YELAHANKA, BELLARY ROAD, BENGALURU - 560 064.
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25 . N SRINIVASAMURTHY MAJOR BY AGE WORKING AS MANAGER, COUNCIL SECTION, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU - 560 002. DELETED VIDE ORDER DATED:18.09.2018
26 . K S MANJULA MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, JAYAMAHAL, BENGALURU - 560 024.
27 . NAGAVENI ERAPPA MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, HAMPINAGAR, BENGALURU - 560 104.
28 . N B DEEPA MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE JOINT COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, WHITEFIELD MAIN ROAD, BENGALURU - 560 048.
29 . JAYA B. HARITHI MAJOR BY AGE WORKING AS MANAGER, HEALTH OFFICE BRUHAT BENGALURU MAHANAGARA PALIKE, WHITEFIELD MAIN ROAD, BENGALURU - 560 048.
30 . K RASHMI, MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ASSISTANT REVENUE OFFICER
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BRUHAT BENGALURU MAHANAGARA PALIKE, 17TH MAIN, 2ND CROSS, KORAMANGALA, BENGALURU - 560 034.
32 . M R DEEPASHREE MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE CHIEF ENGINEER (SWD) BRUHAT BENGALURU MAHANAGARA PALIKE, 4TH BLOCK, JAYANAGAR, BENGALURU - 560 011.
MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, SUBRAMANYAPURA MAIN ROAD, UTTARAHALLI, BENGALURU - 560 061.
BENGALURU - 560 048.
MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, MALLESHWARAM, BRUHAT BENGALURU MAHANAGARA PALIKE,
N.R.SQUARE, BENGALURU - 560 002.
36 . H B SANTOSH KUMAR MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ASSISTANT EXECUTIVE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, KRISHNA MANSION, RING ROAD, MARATHAHALLI, BENGALURU - 560 072.
37 . C SUMA MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, ANJANANAGARA, MAGADI MAIN ROAD, BENGALURU - 560 091.
38 . A CHITRALEKHA MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, NETHAJI CIRCLE, MATHIKERE, BENGALURU - 560 054.
39 . K C SUMATHI MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, 18TH CROSS, IDEAL HOMES LAYOUT, R.R.NAGAR, BENGALURU.
40 . MAHESH K SAVANTH MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ADDL COMMISSIONER (ADMN) BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU - 560 002.
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41 . NANDHINI U THASILDAR
MAJOR BY AGE WORKING AS MANAGER, OFFICE OF THE ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE,NAGARABHAVI BDA COMPLEX, BENGALURU-560079.
42 . B E VANI MAJOR BY AGE WORKING AS MANAGER, ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, DR B.R.AMBEDKAR STADIUM, BASAVESHWARNAGAR, BENGALURU - 560 079.
…RESPONDENTS
(BY SRI.M.A.SUBRAMANI, ADVOCATE FOR R-1; SRI.UDAYA HOLLA SENIOR COUNSEL FOR SRI.L.K.SRINIVASA MURTHY, ADVOCATE FOR R-2, R-5, R-8, R-10, R-12, R-14, R-17, R-20, R-23, R-26 TO R-29, R-31, R-32, R-37 & R-38;
SRI.V.N.SHANKARE GOWDA, ADVOCATE FOR C/R-7, R-11 & R-15;
SRI.H.J.ANANDA, ADVOCATE FOR R-6, R-9, R-13, R-16, R- 18, R-19, R-36 & R-40;
VIDE ORDER DATED 18.09.2018, R-25 IS DELETED; R-3, R-4, R-21, R-22, R-24, R-30, R-33, R-34, R-35, R-39, R-41, R-42 ARE SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO THE ORDER DATED:17.07.2017 AND QUASH (i) ORDER DATED 17.7.2017 VIDE ANNEXURE-F TO THE W.P. PASSED BY R-1 GRANTING THE PRIVATE RESPONDENTS RETROSPECTIVE DATES OF ELIGIBILITY FOR PROMOTION AND SENIORITY IN THE CADRE OF MANAGER, ETC.
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IN W.P.No:9775/2018
BETWEEN:
SMT.M.PADMAVATHI, W/O A.V.HEMARAJU, AGED 45 YEARS, WORKING AS ASSISTANT REVENUE OFFICER, J.P.NAGAR, SUB-DIVISION, BBMP, BANGALORE-560 011.
…PETITIONER
(BY SRI. RANGANATH.S.JOIS., ADVOCATE)
AND:
BRUHATH BANGALORE MANAGARA PALIKE, REP.BY ITS COMMISSIONER, KUMARA PARK ROAD, BANGALORE-560 002.
…RESPONDENT
(BY SRI.OMKAR KAMBI, ADVOVATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS RELATING TO THE IMPUGNED ORDER DATED 4.1.2018 AND 17.7.2017 PUBLISHED BY THE RESPONDENT VIDE ANNEXURE-C AND G PERSUE AND QUASH THE SAID LIST IN SO FAR AS THE ALTERING THE RANKING OF THE PETITIONER IN THE CADRE OF MANAGER IS CONCERNED, AS BEING VIOLATIVE OF ARTICLE 14 AND 16(1) OF THE CONSTITUTION OF INDIA.
IN W.P.No:56010/2018
BETWEEN:
THANISANDRA, NEAR BUS STAND, YELAHANKA ZONE, BBMP, BANGALORE-560 077.
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WORKING AS REVENUE ASSESSOR, OFFICE OF THE ASSISTANT REVENUE OFFICER, BYATARAYANAPURA SUB-DIVISION, THANISANDRA, NEAR BUS STAND, YELAHANKA ZONE, BBMP, BANGALORE-560 077.
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WORKING AS REVENUE ASSESSOR, OFFICE OF THE ASSISTANT REVENUE OFFICER, SHIVAJINAGAR SUB-DIVISION, DISPENSARY ROAD, EAST ZONE, BBMP, BANGALORE-560 042.
…PETITIONERS
(BY SMT.LAKSHMY IYENGAR SENIOR COUNSEL FOR SRI.GOWTHAM RAGHUNATH.N., ADVOCATE)
AND:
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OFFICER OF THE JOINT COMMISSIONER, MAHADEVAPURA, WHITEFIELD MAIN ROAD, BENGALURU-560 048.
…RESPONDENTS
(BY SRI.M.A.SUBRAMANI, ADVOCATE FOR R-1; SRI.PAVAN KUMAR.M.N., ADV. FOR R-2, R-5, R-6 & R-8; R-3, R-4, R-7 & R-10 ARE SERVED AND UNREPRESENTED; SRI.K.MURTHY, ADVOCATE FOR R-9)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH (i) OFFICIAL MEMORANDUM DATED 03.07.2018 (UNDER ANNEXURE-G TO THE WRIT PETITION) AND (ii) OFFICIAL MEMORANDUM DATED 03.07.2018 (UNDER ANNEXURE-H TO THE WRIT PETITION) BOTH ISSUED BY THE R-1 AND DIRECTING THE R-1 TO CONSIDER THE CASES OF PETITIONERS FOR PROMOTION TO THE CADRE OF ASSISTANT REVENUE OFFICER AND PROMOTE TO THE SAID CADRE FORTHWITH WITH EFFECT FROM 03.07.2018 AND GRANT ALL CONSEQUENTIAL BENEFITS.
IN W.P.No.3915/2020:
BETWEEN:
1 . N. KRISHNA, S/O LATE NALLAPPA, WORKING AS ASSISTANT REVENUE OFFICER, GANDHINAGAR SUB-DIVISION, GOODSHED ROAD, BANGALORE-53.
2 . SRI. RAJANNA S/O LATE LINGEGOWDA AGED ABOUT 58 YEARS WORKING AS ASSISTANT REVENUE OFFICER AEROHALLI SUB-DIVISION BEL LAYOUT, BANGALORE-91.
S/O LATE VENKATAPPA AGED ABOUT 47 YEARS
WORKING AS ASSISTANT REVENUE OFFICER JEEVANABHIMA NAGAR SUB DIVISION BABASB COLONY HAL 2ND STAGE, INDIRANAGAR BANGALORE-98
…PETITIONERS
(BY SRI.V.SRINIVAS., ADVOCATE)
AND:
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WORKING AS ASSESSORS BBMP N.R.SQUARE, BANGALORE-560001.
8 . P.NIRANJANA MURTHY S/O RAMALINGAPPA AGED ABOUT 43 YEARS WORKING AS REVENUE ASSESSORS, OFFICE OF THE ASSISTANT REVENUE OFFICER CHIKKAPETE SUB DIVISION THULASITHOTA, WEST ZONE, BBMP BANGALORE -560053.
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S/O B.GOVINDAPPA AGED ABOUT 42 YEARS WORKING AS REVENUE OFFICER, OFFICE OF THE ASSISTANT REVENUE OFFICER, HORAMAVU SUB DIVISION MAHADEVAPURA ZONE, BBMP JAYANTHY CIRCLE, HORAMAVU BANGALORE - 560113.
10 . A.E.RAJANNA S/O ESHRAIAH AGED ABOUT 42 YEARS WORKING AS REVENUE ASSESSOR OFFICER OF THE REVENUE OFFICER, BATARAYANAPURA SUB DIVISION, THANISANDRA, NEAR BUS STAND YALAHANKA ZONE, BBMP, BANGALORE – 560077.
13 . CHANDRAPPA BEERAJJANAVAR S/O KARIYAPPA, AGED ABOUT 42 YEARS WORKING AS REVENUE ASSESSOR OFFICE OF THE ASSISTANT REVENUE OFFICER, K.R.PURAM SUB DIVISION, MAHADEVAPURAM ZONE, BBMP BANGALORE – 560036.
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14 . N.CHANRASHEKAR
MAJOR BY AGE WORKING AS ASSISTANT REVENUE OFFICER (INDEPENDENT CHARGE) ADVERTISEMENT, RR NAGAR, OFFICE OF THE JOINT COMMISSIONER, RR NAGAR ZONE, IDEAL HOMES BBMP BANGALORE - 560098.
S/O NOT KNOWN TO THESE PETITIONER AGED ABOUT MAJOR
WORKING AS ASSESSORS BBMP
N.R.SQAURE, BANGALORE – 560001.
16 . MAHIB ULLA H.M.
S/O NOT KNOWN TO THE THESE PETITIONER AGED ABOUT MAJOR WORKING AS ASSESSORS BBMP N.R.SQUARE, BANGALORE – 560001.
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AGED ABOUT MAJOR WORKING AS ASSESSORS BBMP N.R.SQUARE, BANGALORE – 560001.
N.R.SQUARE, BANGALORE – 560001.
WORKING AS ASSESSORS BBMP N.R.SQUARE, BANGALORE – 560001.
S/O NOT KNOWN TO THESE PETITIONER AGED ABOUT MAJOR WORKING AS ASSESSORS BBMP N.R.SQUARE, BANGALORE – 560001.
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27 . SURESH BABU
S/O NOT KNOWN TO THESE PETITIONER AGED ABOUT MAJOR WORKING AS ASSESSORS BBMP N.R.SQUARE, BANGALORE – 560001.
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, QUASH THE FINAL SENIORITY LIST DATED 08.11.2019 ISSUED BY THE R-1 VIDE ANNEXURE-D TO THE WRIT PETITION, ETC.
IN W.P.No.10739/2020:
BETWEEN:
(BY SRI.P.MAHESHA., ADVOCATE)
… PETITIONER
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AND:
NC: 2024:KHC:2508 WP No. 1130 of 2020 And Connected Matters
N.R.SQUARE, BENGALURU-560 001.
AGED ABOUT MAJOR, ASSESSOR, O/O BBMP, N.R.SQUAR, BENGALURU-560 001.
NC: 2024:KHC:2508 WP No. 1130 of 2020 And Connected Matters
AGED ABOUT MAJOR, ASSESSOR, O/O BBMP, N.R.SQUARE, BENGALURU-560 001.
S/O NOT KNOWN TO PETITIONER, AGED ABOUT MAJOR, ASSESSOR, O/O BBMP, N.R.SQUARE, BENGALURU-560 001.
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S/O NOT KNOWN TO PETITIONER, AGED ABOUT MAJOR, ASSESSOR, O/O BBMP, WELFARE, R.R.NAGAR, BENGALURU-560 001.
S/O NOT KNOWN TO PETITIONER, AGED ABOUT MAJOR, CHIKKAPETE SUB-DIVISION, THULASITHOTA, WEST ZONE, BBMP, BENGALURU-560 053.
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D E O NORTH, BENGALURU-560 064.
40 S.K.MOHAN RAM, S/O NOT KNOWN TO PETITIONER, AGED ABOUT MAJOR, V R S ASSESSOR,
O/O BBMP, BENGALURU
…RESPONDENTS
(BY SRI.HARISHA.A.S., AGA FOR R-1; SRI.K.N.PUTTEGOWDA, ADVOCATE FOR R—2 TO R-4; SMT.LASHMY IYENGAR SENIOR COUNSEL FOR SRI. N.GOWTHAM RAGHUNATH, ADVOCATE FOR C/R-6, R-8, R-10 TO 15, R-17 TO R-21; R-7, R-9, R-16 & R-13 ARE SERVED AND UNREPRESENTED;
VIDE ORDER DATED 02.12.2021, PETITION AGAINST R-37 IS DISMISSED AS ABATED AND NOTICE TO R-5, R-22 TO R-32, R-34 TO R-36 & R-38 TO R-40 IS HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED DPC PROCEEDINGS CONDUCTED BY THE RESPONDENT AUTHORITIES, THE DEPARTMENTAL PROMOTION COMMITTEE-2, BBMP BENGALURU DATED 15.02.2020 VIDE ANNEXURE-H, ETC.
IN W.P.No.5188/2021: BETWEEN:
FINANCE (WEST) BENGALURU.
…PETITIONERS
(BY SRI.CHANDRAKANTH.R.GOULARY, ADVOCATE)
AND:
BRUHUT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560 001.
…RESPONDENTS
(BY SRI.PRINCE ISSAC, AGA FOR R-1; SRI.ARAVIND.M.NAGLUR, ADVOCATE FOR R-2 TO R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED OFFICE ORDER BEARING No. DATED 04.02.2021 PASSED BY 4TH RESPONDENT VIDE ANNEXURE-R AS ARBITRARY, ILLEGAL AND VOID AND IN VIOLATION OF THE ORDER OF THIS HON’BLE COURT MADE IN W.P.No.71167117/2013 DATED:18.12.2014 VIDE ANNEXURE-A AND THE ORDER MADE IN CCC No.534-535/2015 DATED 17.11.2015 VIDE ANNEXURE-B IN SO FAR AS THE RANKING OF THESE PETITIONERS ARE CONCERNED, ETC.
IN W.P.No.10879/2021:
BETWEEN:
BENGALURU.
BENGALURU.
…PETITIONERS
(BY SRI.P.MAHESHA., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI.HARISHA.A.S., AGA FOR R-1; SRI.M.A.SUBRAMANI, ADVOCATE FOR R-2 TO R-4)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED FINAL GRADATION LIST ISSUED BY THE R-2 DATED;08.11.2019 VIDE ANNEXURE-D, ETC.
IN W.P.No.18471/2022:
BETWEEN:
AGED ABOUT 49 YEARS, ASSESSOR, OFFICE OF ARO, HSR LAYOUT, BBMP, BENGALURU-560 102.
…PETITIONERS
(BY SRI.P.MAHESHA., ADVOCATE)
AND:
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DISMISSED AS NOT PRESSED AS PER COURT ORDER DATED:30.11.2022.
…RESPONDENTS
(BY SRI.HARISHA.A.S., AGA FOR R-1; SRI.B.L.SANJEEV, ADVOCATE FOR R-2 TO R-4; SRI.H.J.ANAND, ADVOCATE FOR R-5 & R-7; R-6 IS SERVED AND UNREPRESENTED; VIDE ORDER DATED:30.11.2022, WP AS AGAINST R-8 IS DISMISSED AS NOT PRESSED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, QUASH THE IMPUGNED FINAL GRADATION LIST ISSUED BY THE R-2 THE COMMISSIONER, BBMP, BENGALURU BEARING No.12(1) PR/104/04-05/19-20 DATED.08.11.2019, ANNEXURE-E, ETC.
THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING
ORDER
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the FDA appointed between the periods 01.01.1988 and 01.08.2012 was published.
FDAs who were aggrieved by their assigned rankings, a final gradation list was issued on 28.11.2013.
SDAs between 31.12.1994 and 02.12.1995, and were promoted to the cadre of FDA on 18.01.2018.
had been promoted on 18.01.2008, which was about nine
months before the private respondents had been directly recruited under the notification dated 04.10.2008 and in
the final gradation list dated 28.01.2013, they (the promotees) were assigned rankings from 256 to 277, while the private respondents i.e., direct recruits were
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assigned rankings from 281 to 351. In other words, the promotees to the cadre of FDA were considered as seniors to the directly recruited FDAs.
proceeded to dispose of W.P. Nos.7116-7117/2013 holding that the seniority list dated 28.01.2013 was not in conformity with the law and was required to be re-done, and there was a need to direct the BBMP to implement the resolution dated 04.02.2013 passed by the Standing Committee. Accordingly, this Court allowed the writ petitions and directed the BBMP to give effect to the resolution dated 04.02.2013 passed by the Standing Committee, immediately.
direct recruits had also preferred W.P. Nos.51-72/2014 challenging the seniority list dated 28.01.2013. However, these petitions, by an order dated 03.07.2015, were dismissed as certain objections had not been complied with.
proceeded to issue a provisional seniority list of FDAs. This provisional seniority list was in respect of all the FDAs who had been appointed between 03.03.1971 and 01.01.2015.
and calculate the vacancies between the direct recruits and promotees, as indicated in the 2 aforementioned GOs i.e., by defining Block Periods. As per the 2 GOs, the Block Periods, were required be from the date on which the Rules were promulgated and the dates on which direct recruitments were first made, and the other Block Periods
1 V.B. Badami and Ors. v. State of Mysore and Ors., 1980 AIR 1561.
2 Gonal Bhimappa v. State of Karnataka, AIR 1987 SC 2359.
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were to be for the periods between the dates on which direct recruitments were subsequently made.
vacancies into eight Block Periods.
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appointed as FDAs directly under the notification dated 04.10.2008 i.e., 9 months after the petitioners were promoted on 18.01.2008 as FDAs, were considered as seniors to the promotees. This was on the ground that the promotees had occupied posts in excess of the posts earmarked under the 50% quota for promotees.
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@For purposes of classifying and calculating the vacancies between direct recruits and promotees on the basis of the quota fixed in the cadre and Recruitment Rules, the period which will form a block will be from the date of commencement of the Cadre and Recruitment Rules to the dates on which direct recruits were first appointed unless in the mean while, there was any amendment to the Rules, in which case the block will be the period commencing from the date of commencement of the rule to the date of amendment and thereafter from the date of amendment to the date of recruitment of direct recruits and the vacancies in both the blocks will have to be taken into account”
�����������'���+�,��������,��,?���2*�,��/�=�+�+��+��A���B.�� C����������� ��D��D������B������2�����2*�,��/��+�!�$��23�� E�F��!G��������������H.�I���������J���,���2�����2*�,��/K,���� �,��F?���,� ��2��� ��2�,��/� �+�!� $��23�� E�F��!G��� �����������H.��)�(�%�����.�7���,-�.�,��,/G�6�)�(�%���� � +�,'(� L)M���.�,�� B��?� ��N��.�7���,-� ��2*�,��/� =�+�,�,.�7�'(� =.����!G��,����F2O�����P�+�,���2�����2*�,��/�B��?���N��.�7�,� �,��,?��,,�C!?�B��?���N��.�7���-5��52�����<�*�+�!I�)M�/�� *�+�8�>������2�����2�,��/��,��,?��,,�C!?�B��?���N��.�7���,-I� �52���B��>����B��?���N��.�7��H,/.��J7���!G��Q������,.�7�� ��2R�S���+�,��,-�=.����!��>�5����E�.�F�6�T���������� � �������������4�U��,�������2�����2*�,��/�E�.�F��,,�C!?� ���,�������VW�,�����!��>�5��,����2X�S�����Y;�+�,�$�M������*�,2>��
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��B.�<Z��>�5��,����2�����2�,��/.�7����������.�A.��)�(�%� ����.�7���,-�3�2�����X�;��,-���2�����2�,��/��,FL���E�.�F�� 3�2�����X�;��,-���,,�C!?�*�,FL�����B.�<Z��>�5����
���� ������ ��[�������������,���2�����2*�,��/��,��,?��,,�C!?� ���,����������� �������������4�U��,�����E�F��!G��,����V\��,� ������ ��E��+�,����,.�7�� ��2�� ��2R�S��� ��Y;�+�,,� ]^����5��,���B��������B���2*����R�S�����Y;�+�,�$�M������ �,2>����2����2*�,��/�E�,��1.�7���,-�E�.�F��,,�C!?�E�,��1.�7���,-� ��B.�<Z��>�5��,1I� ��������� ������ � [���������� B���� [������������ ���H.�I� ������ � ���������[� B���� ����&����[��� ���H.�I� ������ � �[�������D� B���� ���������D��� ���H.�I� ������ � �D��������� B���� [���&�������� ���H.�I� ������ � [���������� B���� �[��[�����������H.���,��,?������� �[����������B���� ����������������H.��HH�M��������.�7�'(���2�����2�,��/� $��23�.�7���,-�E�F��!��>�5��,1I�6���2�����2�,��/.�7�,�J���2� �����)M����'(��+�!��,����2�����2*�,��/.�7�2��\���)�2���)�2��� �����)M��.�7�'(��+�!��,��E�,��1.�7��#�C�C.�`�=a�������+�T/� L)M��HL(��2�U��,���B��������B���'��'(�HH�M��������.�7�'(���2��� ��2*�,��/�$��23�.�7���,-�E�F��!G��,�_��B����$���'��'(���F���+�,� ��2�����2�,��/�$��23��E�F��!��>�������������,-�J���,�)�(�%� ����.����B.�<Z��>�5���b�
classification and calculation of the vacancies was made as per the GO dated 05.07.1976 and accordingly, rankings were assigned as per the quota prescribed for the direct recruits and promotees in the C & R Rules.
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��������� � ������������ � � � �� � � � � � � � ����� � � �� � � ���� � �� � ��� � ����� � ������������ � � � � � � � !�"� � #� � � � $�%& �� ���'�(� ��!��) � � �� �+ � � � ���' � ,- � ��$�./�) � ��01(� � �2� � ��3��4�� � � � �4� � � ���'�,- � ��$�./�) � �5�6�� �� � � �7 � � � � � � � � � ����! � ��8�+ �� 9�!��"� � � ���� � ! � ��8�+ �� 9�$�4*�:;��7�2� � 8<��� ��* � � ����� � �����=���>�� 4�� � �>������>�� � � � �?�<������ **�** �����>���>��4�� � �>��@���>�� � � � �? � �� � � � ���������>A�4�� � �=������>A� � � � �? � � � � �� ����� � �A��>���>��4�� � �>��@���>��� � � � �?�<������ **�** ���������>��4�� � ��������>�� � � � �? � � � � �� ����� � �����=���>>�4�� � ����>���>>� � � � �?* � ??�6 � �������+�BC�� � � � � � � � ����5� � D��+ �� 9�!�"� � ��7�2� � 8<� E�� � � � � � � � ����+ � �F�� � �� � ��G6�(��BC���)��� � � � � � � � � � � � ����+ � �& � ��G � � � � � ��G6�(�+�BC���)��� � � � ! � ��8�+ � H����I � JK� � �� � ��)�L��MG6�N?MC� � � � � ��3��4�� � � � �4���B��BC�??�6 � �������+�BC� � � � � � � � � ����5� � D��+ �� 9�!�"� � #� � ��3��4�� � 5���B��BC���"� � ) � � � � � � � � � ����5� � D � !�"� � ��7�� � ����� ��� 9�F�� � �G�C�O��� � P � $�4*�:;��7�2� � Q�
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or on different dates and therefore, the last of the dates on which the direct recruitment was made, was considered
as the last date of direct recruitment for the purpose of classifying and calculating the vacancies in the Block Periods.
the classification of the vacancies and the number of posts were being enumerated by an Annexure, titled ‘Annexure-I’. This Annexure-I described the ‘No rule period’ and the eight Block Periods, and also indicated the number of posts which were available for direct recruits and promotees.
herewith for the sake of clarity and better understanding:
������� � ���
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| )�(� | �%��*���+�,'(���� | �0��dHG���� | ��/*�,�� ���B��?��� |
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||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| )�(�%� | ���**�* | Je,;� E�,��1 .�7�,� |
�Q��8�A��� U>���� *�,��,?� U����� U>���� H'2��/� |
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E�,��1� C�� >�*� f�� |
G�g�$�%� ��V����� ����.�<Z��� )�2��5� ��,*��Je,;� E�,��1.�7�� ������ |
��2�� ��2�� |
*�,,� C!?� |
��2� ��2� |
*�,,� C!?� |
��2� ��2� |
*�,,� C!?� |
��2�� ��2�� |
*�,,� C!?� |
| A | B | C | D | (A-(B+ C+D)) |
||||||||||
| No. Rule Period |
��c��c����� B���� �Dc��c����� |
��� | c� | c� | c� | c� |
c� | c� | c� | c� | c� | c� | c� | c� |
| �� | �Dc�Dc����� B���� ��c�&c���[� |
��� | ��� | ��� | ��h� | ��h� | ��� | ��� | �&� | ��� | i��� | c��� | ||
| [� | ��c��c����� B���� ��c��c���D� |
D�� | ��� | D�� | ��h� | ��h� | ��� | ��� | �[� | ��� | c�D� | i�D� |
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| D� | �&c�&c���[� B���� ��c��c���D� |
��� | ��� | ��� | ��h� | ��h� | �[� | �[� | �D� | ��� | i��� | c��� | ||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| �� | ��c��c���D� B���� [�c�&c����� |
��� | ��� | ��� | ��h� | ��h� | ��� | ��� | ��� | ��� | ��� | ��� | ||
| �� | [&c�&c����� B���� �[c�[c����� |
D[� | ��� | D[� | ��h� | ��h� | ��� | ��� | [�� | ��� | i��� | c��� | ||
| �� | �Dc�[c����� B���� ��c��c����� |
��� | ��� | ��� | ��h� | ��h� | [D� | [D� | �&� | D&� | c��� | i��� | ||
| �� | ��c��c����� B���� ��c��c[��&� |
���� | [[� | D&� | ��� | �&�� | ��h� | ��h� | [� [� |
[�[� | ���� | D[�� | c&�� | i&�� |
| &� | ��c��c[��� B���� jjjjjjjjj� |
�&�� | ��� | ��� | ��� | ���� | ��h� | ��h� | &�� | &&� | �[� | �DD� | c��� | i��� |
| TOTAL | &��� | DD� | D&� | ��� | ���� | ��h� | ��h� |
no occupation of the promotees in excess of their quota in
the 1st , 3rd , 4th , 5th Block Periods, and only in the 2nd , 5th , 6th , 7th and 8th Block Periods was there an encroachment of the promotees into the direct recruitment quota to the extent of 3+15+85+45 i.e., a total of 148 posts.
1977 to 2008, during which no direct recruitments were
made, there was maximum encroachment of 85 direct recruitment posts by the promotees.
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09.09.2015, principally on the ground that the Quota Rule could not be applied by the BBMP, since it is glaringly obvious that the Quota Rule had broken down completely. It is their contention that the Rules were promulgated in the year 1971 and the Quota Rule was never operated ever since the promulgation of the Rules, and it is also an admitted fact that there were no clear details regarding the filling up of direct recruitment vacancies till 1977.
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promotees who have been working as Managers and who had been promoted from the cadre of FDA.
the next higher cadre of Managers on 11.05.2010, which, according to the C & R Rules, were required to be filled up 100% by way of promotion from FDAs and a seniority list was also published on 28.12.2013, in which they had been assigned seniority from the date on which they had been accorded promotions.
were therefore, without any doubt, juniors to them in the cadre of Manager.
persons who had been recruited directly as FDAs and were promoted on 25.07.2016 as Managers, have been granted retrospective promotions with effect from 11.05.2010 on the ground that their seniority had been refixed in the feeder cadre of First Division Assistants (which is the subject of the first batch of writ petitions) and they had become eligible for promotion two years thereafter.
Assistant Revenue Officers on 03.07.2018, under Rule 32
of the Karnataka Civil Service Rules (“the KCSR”), contending that they had been directly recruited between the period 11.01.2008 and 23.10.2008, and they had all been promoted as Assessors on 25.07.2016.
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are filed by the promotees challenging the seniority list of Assessors dated 08.11.2019.
Assessors on 01.08.2018 and they had been placed higher than certain FDAs, but in the final gradation list dated 04.02.2021, they had been placed blow and their ranking was brought down at Sl. Nos.850 to 884.
as already stated above, contend that there has, admittedly, been no direct recruitment virtually from the time the C & R Rules were promulgated in 1971 and it was strikingly clear that the Quota Rule had never been operated upon and had, thus, broken down since its very inception. They place reliance on the judgment rendered by the Supreme Court in the case of Direct Recruit Class-
II Engineering Officers Association3 to contend that the BBMP had seriously erred in applying the GOs dated 05.07.1976 and 14.12.1987, and applying the Block Periods for the purposes of classifying and calculating the vacancies and to determine the inter se seniority between the promotees and the direct recruits, in coming to the
3 Direct Recruit Class-II Engineering Officers Association v. State of Maharastra and others, (1990) 13 SCC 715.
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conclusion that there was encroachment of the promotees into the direct recruitment quota.
They contend that the promotees could claim seniority only from the date the post became available to them in their quota and any services that they had rendered by virtue of their promotion in excess of their quota cannot be counted for the purpose of seniority.
4 Suraj Prakash Gupta & others v. State of Jammu & Kashmir & others, AIR 2000 SC 2386.
FDAs, it had become necessary under the provisions of the KCS (regulation of Promotion, Pay and Pension) Act, 1973
and the Rules framed under the Act to grant them retrospective promotions.
57. In light of the arguments advanced, the points
that arise for consideration in this batch of writ petitions are:
had been promoted earlier to them in the promotional cadres.”
the same time, the cadre also contained SDAs whose experience in the SDA cadre would benefit the FDA cadre, and this would result in the FDA cadre having an ideal blend of experience and youth.
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gradation list, it is stated as follows:
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NC: 2024:KHC:2508 WP No. 1130 of 2020 And Connected Matters
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recruitments were not undertaken for this huge period of 31 years and promotions were not done in adherence to
the quota specified in the C & R Rules and this was because of the Government instructions in that regard. It, therefore, also follows that it was impossible for the BBMP to adhere to the Quota Rule in the matter of direct recruitments.
the petitioners i.e., the promotees were either ad hoc or temporary. In fact, the BBMP, in the statement of objections filed in W.P. No. 4296/2018, has stated in paragraph No.3 as follows:
“3. It is submitted that, it is true that the petitioners entered the service of erstwhile Bengaluru Mahangara Palike now known as BBMP between 1/9/1989 and 11/05/1994 as Second Division Clerks and it is also true that all the petitioners were promoted to the cadre of First Division Clerk with effect from 10/05/2007. It is also true that these respondents were appointed by way of Direct Recruitment to the services of the BBMP as First Division Clerks by the order dated 4/10/2008. It is also true that the petitioners were further promoted to the cadre of managers with effect from 11/05/2010, without considering the valid objections of these private respondents by BBMP. It is not true and correct that the promotion of the petitioners was on regular basis. It is not correct that even in the feeder cadre to the post of Manager, the petitioners were seniors to the private respondents. The petitioners with the malafide intention have suppressed the fact that they are juniors to these respondents in the feeder cadre to the post of Managers and the petitioners have no
where mentioned that they are juniors to the these respondents as per the final gradation list dated 09/09/2015.”
“47. To sum up, we hold that:
(A) Once an incumbent is appointed to a post according to rule, his seniority has to be counted from the date of his appointment and not according to the date of his confirmation.
The corollary of the above rule is that where the initial appointment is only ad hoc and not according to rules and made as a stop-gap arrangement, the
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officiation in such post cannot be taken into account for considering the seniority.
(B) If the initial appointment is not made by following the procedure laid down by the rules but the appointee continues in the post uninterruptedly till the regularisation of his service in accordance with the rules, the period of officiating service will be counted.
(C) When appointments are made from more than one source, it is permissible to fix the ratio for recruitment from the different sources, and if rules are framed in this regard they must ordinarily be followed strictly.
(D) If it becomes impossible to adhere to the existing quota rule, it should be substituted by an appropriate rule to meet the needs of the situation. In case, however, the quota rule is not followed continuously for a number of years because it was impossible to do so the inference is irresistible that the quota rule had broken down.
(E) Where the quota rule has broken down and the appointments are made from one source in excess of the quota but are made after following the procedure prescribed by the rules for the appointment, the appointees
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should not be pushed down below the appointees from the other source inducted in the service at a later date.
(F) Where the rules permit the authorities to relax the provisions relating to the quota, ordinarily a presumption should be raised that there was such relaxation when there is a deviation from the quota rule.
(H) If the quota rule is prescribed by an executive instruction, and is not followed continuously for a number of years, the inference is that the executive instruction has ceased to remain operative.
(J) The decision dealing with important questions concerning a particular service given after careful consideration should be respected rather than scrutinised for finding out any possible error. It is not in the interest of Service to unsettle a settled position.”
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(Emphasis supplied)
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irresistible inference would be that the Quota Rule had broken down.
they were in accordance with the Rules.
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gradation list, it has been clearly recorded that the BBMP was unable undertake direct recruitments and adhere to
the Quota Rule due to Government instructions in that regard. If, as a matter of fact, the Government has issued instructions to the BBMP not to undertake direct recruitments, it is obvious that it was impossible for the BBMP to undertake direct recruitment even if it so desired.
should not be pushed below the appointees who had been appointed subsequently, would also stand attracted and would be applicable in the present case.
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“10. Appointment by direct recruitment
or promotion in certain cases.- Notwithstanding anything contained in these Regulations for Recruitment specially made in respect of any post the Commissioner or the Corporation may.-
(a) Recruit by direct recruitment to a post reserved to be filled by promotion when he or it is satisfied that the persons eligible to be considered for appointment by promotion are in the immediate Lower Grade not fit to be so appointed;
(b) Fill up by promotion any vacancy relating to a post which is required to be filled by direct recruitment provided an appointment under this sub-clause shall not be continued for a period of more six months except with the concurrence of the Karnataka Public Service Commission.”
the Quota Rule, though the relaxation in case of making promotions into the quota earmarked for the direct recruits is to normally not exceed 6 months. This power to
relax, in the context of the present case wherein the Government had issued orders/directions not to undertake direct recruitment for 31 long years, would have to be considered as an exercise of this power of relaxation by the Government in relation to the deviation from the Quota Rule. Consequently, as laid down in Clause (f) of the Direct Recruit’s case (supra), it would become imperative to draw the presumption that the power of relaxation had been exercised, and consequently, the promotions made in excess of the quota would have to be held as valid promotions.
answered in favour of the petitioner-promotees and it will have to be held that the Quota Rule had not been followed continuously for 31 long years and the Quota Rule had, thus, broken down.
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9778/2018) is concerned. It is to be stated here that the petitioners therein were promoted as Managers much prior to the directly recruited FDAs and only by virtue of the refixation of the seniority of these directly recruited FDAs in the FDA cadre have they been given retrospective promotions from the date on which they became eligible to be promoted as Managers.
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directly recruited FDAs retrospective seniority and grant them seniority only from the date that they were initially promoted i.e., with effect from 25.07.2016.
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above the directly recruited FDAs. Consequently, the BBMP will also have to re-do the seniority of the assessors, in light of this judgment.
the direct recruits challenging the orders, by which the promotees were placed in independent charge under Rule 32, will have to be dismissed, since it has now been held that the promotions granted to the promotees in the cadre of FDA cannot be found fault with.
compassionate grounds cannot be granted promotion on the basis of the DPC decision dated 01.08.2018, since the right of the promotees to be placed above the direct recruitees has been upheld by this order. Hence, said petition is also dismissed.
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directly recruited FDAs could not have been granted retrospective promotions and they could not also be assigned seniority over the persons who had been promoted from the promotee cadre.
No.9775/2018, W.P. No.1130/2020, W.P. No.3915/2020, W.P. No.10739/2020, W.P. No.10879/2021 & W.P. No. 18471/2022 are allowed to the extent stated above.
dismissed.
Sd/JUDGE
Vnp* List No.: 1 Sl No.: 3
2 issues framed by the court
Whether the Quota Rule in BBMP's FDA cadre had broken down after 31 years without direct recruitment, entitling promotees to seniority from their promotion dates.
Whether directly recruited FDAs could be granted retrospective promotions and seniority above earlier-promoted employees.
Colour shows how this judgement treated each authority
Direct Recruit Class-II Engineering Officers Association v. State of MaharashtraFollowed¶64
Direct Recruit Class-II Engineering Officers Association v. State of Maharastra and others, (1990) 13 SCC 715 · Who else cites this
Suraj Prakash Gupta v. State of Jammu & KashmirDistinguished¶81
Suraj Prakash Gupta & others v. State of Jammu & Kashmir & others, AIR 2000 SC 2386 · Who else cites this
V.B. Badami v. State of MysoreReferred¶14
V.B. Badami and Ors. v. State of Mysore and Ors., 1980 AIR 1561 · Who else cites this
Gonal Bhimappa v. State of KarnatakaReferred¶14
Gonal Bhimappa v. State of Karnataka, AIR 1987 SC 2359 · Who else cites this
6 provisions across 3 enactments
G.S.Siddalingappa
K Chandra and other First Division Assistants of BBMP
N.Venkatesh and other Managers of BBMP
M.Padmvathi
State of Karnataka / Commissioner, BBMP
Directly recruited FDAs and Assessors of BBMP
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
