Smt Manjuladevi M Hiremath D/O Late Mallikarjunayyaswamy N H Vs the State of Karnataka

1. SMT.USHA GANGADHAR D/O GANGADHAR, AGED ABOUT 47 YEARS, WORKING AS JUNIOR ENGINEER, MAIN OFFICE BUILDING, HUBLI DHARWAD MUNICIPAL CORPORATION, BASAVANAL MARG, DHARWAD,

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R/AT BEHIND B.G.APARTMENT,

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MARATHA COLONY,DHARWAD

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DHARWAD DISTRICT.

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1. SMT.BRANARAMBIKA.S. HALAWAR, D/O SIDDAPPA D.HALAWAR, AGED ABOUT 52 YEARS, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, BAGALKOT, BAGALKOT DISTRICT, R/AT P.S.DADDI, H.NO.D-17, SECTOR NO.16, NAVASAGAR, BAGALKOT

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HC-KAR

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1. SMT.VAISHALI HIPPARAGI, D/O LATE PRABHUDEV, AGED ABOUT 42 YEARS, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, RABKANI-BANHATTI, BAGALKOTE DISTRICT, R/AT NEAR HAJARE INTERNATIONAL SCHOOL, HOSUR, RABKAVI, BAGALKOT DISTRICT

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NAVEED KHAZI, S/O. NAZEERAHMED AGED ABOUT 36 YEARS, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, BAGALKOT, R/AT MUDAKAVI, RAMDURG TALUK, BELAGAVI DISTRICT-591123

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1. SRI.PRAVEEN GWARI, S/O ARUNCHANDRA, AGED ABOUT 39 YEARS, WORKING AS JUNIOR ENGINEER, TOWN MUNICIPAL COUNCIL, NAVALGUND, DHARWAD DISTRICT R/AT NEAR MULGUNDNAKA, HUBLI ROAD, BESIDE SHIVAJI COMPLEX, GADAG-582101, GADAG DISTRICT.

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1. SMT.AKKAMAHADEVI M.TADAS D/O MUGAPPA D.TADAR, AGED ABOUT 55 YEARS, WORKING AS JUNIOR ENGINEER, TOWN PANCHAYATH, KALAGHATAGI, DHARWAD DISTRICT, R/AT PL.NO.13, BLOCK NO.481, SADASHIVANDANAGAR BAIRIDWARAKOPPA, HUBLI, DHARWAD DISTRICT

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HC-KAR

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1. SRI. NAGARAJ MIRJI S/O KARIYAPPA S MIRAJ, AGED ABOUT 56 YEARS, WORIKING AS JUNIOR ENGINEER, TOWN MUNICIPAL COUNCIL HANGAL, T G ROAD, HANAGAL,

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DISTRICT. HAVERI 581104

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1. SRI RAJU CHAVAN S/O LATE SHIVAJI CHAVAN, AGED ABOUT 40 YEARS, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL MUCHOL, BAGALKOTE DISTRICT.

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1. SMT. ASKIYA KHANAM D/O ILIYAS ALI KHAN, AGED ABOUT 34 YEARS, WORKING AS JUNIOR ENGINEER, HRG CIRCLE, MOTHI CIRCLE, ON DEPUTATION TO BALLARI URBAN DEVELOPMENT AUTHORITY, BALLARI DISTRICT.

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1. SRI IRAPPA KONGAWAD S/O VEERABASAPPA. AGED ABOUT 54 YEARS, WORKING AS JUNIOR ENGINEER, TOWN MUNICIPAL COUNCIL MUNAVALLI, TALUK SAVADATTI 591117,

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DISTRICT. BELAGAVI.

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…PETITIONERS

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(BY SRI. VIJAYKUMAR B. BAJENTRI AND SRI. OMKAR L. DESAI, ADVOCATES)

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AND:

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1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, BANGALORE-560 001

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HC-KAR

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1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BENGALURU-560001

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1. THE DIRECTOR, DEPARTMENT OF MUNICIPAL ADMINISTRATION, 9^TH &10^TH FLOOR, V.V.TOWER, DR.AMBEDKAR ROAD,

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BENGALURU-560001

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…RESPONDENTS

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(BY SRI. P.N. HATTI, HCGP FOR R1 TO R3)

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THIS WP IS FILED UNDER ARICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO I) TO ISSUE A WRIT OF MANDAMUS OR ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO REVIEW THE PROVISIONS OF PROMOTIONAL AVENUE PROVIDED FOR JUNIOR ENGINEER (CIVIL) IN THE KARNATAKA MUNICIPALITIES (RECRUITMENT OF OFFICERS AND EMPLOYEES) RULES, 2010, (VIDE ANNEXURE-D) IN TERMS OF GOVERNMENT ORDER DATED 08.10.2004 AND CIRCULAR DATED 06.07.2020 AND MAKE NECESSARY AMENDMENT OF THE 2010 RULES, AND PROVIDE PROPER PROMOTIONAL AVENUES TO THE PETITIONERS, WHO ARE IN THE CADRE OF JUNIOR ENGINEER (CIVIL) WITHIN THE TIME FRAME SPECIFIED BY THIS HON BLE COURT. II) TO CONSIDER THE REPRESENTATIONS DATED 30.09.2023, 05.02.2024, 05.02.2024, 05.02.2024, 22.02.2024 21.06.2024 AND 21.06.2024 VIDE ANNEXURE-F TO F6 SERIES SUBMITTED BY THE PETITIONERS TO THE RESPONDENT AND

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HC-KAR

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CONSIDER THEIR CLAIM IN SO FAR PETITIONER IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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The petitioners are before this Court seeking for the following reliefs:

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i. To issue a writ of mandamus or order or direction directing the Respondents to review the provisions of promotional avenue provided for Junior Engineer (Civil) in the Karnataka Municipalities (Recruitment Of Officers And Employees) Rules, 2010, (vide Annexure-D) in terms of Government Order dated 08.10.2004 and Circular dated 06.07.2020 and make necessary Amendment of the 2010 rules, and provide proper promotional avenues to the petitioners, who are in the cadre of Junior Engineer (Civil) within the time frame specified by this Hon’ble Court.

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ii. To consider the representations dated 30.09.2023, 05.02.2024, 05.02.2024, 05.02.2024, 22.02.2024 21.06.2024 and 21.06.2024 vide Annexure-F to F6 series submitted by the Petitioners to the Respondent and consider their claim in so far Petitioner is concerned in the interest of justice and equity.

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HC-KAR

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iii. To pass such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case.

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The petitioners contend that they have submitted various representations requesting appropriate promotional avenues as Junior Engineers (Civil), in light of the applicable government orders and circulars. However, no action has been taken by the respondents on the said representations to date.

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It is a settled principle that when representations are submitted by aggrieved persons, it is incumbent upon the competent authority to consider such representations and to take a decision either by accepting or rejecting them through a reasoned order, within a reasonable period.

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In the present case, it is evident that the petitioners' representations, as mentioned in Annexures-F to F6, have not been considered by the respondents authorities. Accordingly, the following:

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HC-KAR

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ORDER

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i. The writ petition is allowed .

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ii. The respondents are hereby directed to consider the representations dated 30.09.2023, 05.02.2024, 22.02.2024, and 21.06.2024, submitted by the petitioners (Annexures-F to F6), and to pass appropriate reasoned orders strictly in accordance with law, within a period of eight weeks from the date of receipt of a certified copy of this order.

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iii. It is made clear that this Court has not expressed any opinion on the merits of the petitioners’ claims. The question of entitlement or otherwise shall be independently adjudicated by the concerned authorities, in accordance with the applicable statutory rules and government orders.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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Vb/Ct:pa/List No.: 1 Sl No.: 51

Smt Manjuladevi M Hiremath D/O Late Mallikarjunayyaswamy N H v. the State of Karnataka

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Smt Manjuladevi M Hiremath D/O Late Mallikarjunayyaswamy N H v. the State of Karnataka

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