Sri Nataraju N L Vs the State of Karnataka

SRI. NATARAJU N.L., S/O.LATE LAKSHMINARAYANAPPA.K AGED ABOUT 50 YEARS, DEPUTY CHIEF DRILLING ENGINEER, OFFICE OF DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001. R/A. NO.989, 4^TH MAIN, III STAGE, III BLOCK, BASAVESHWARANAGARA, BENGALURU - 560 079.

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…PETITIONER

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(BY SRI. M.S. BHAGAWAT, SENIOR ADVOCATE FOR SRI. SWAROOP SRINIVAS, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY ITS SECRETARY TO GOVERNMENT, MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT, VIKASASOUDHA, BENGALURU - 560 001.

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THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF COMMERCE, AND INDUSTRIES, (MINES MSME), VIKASA SOUDHA, BENGALURU - 560 001.

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THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001.

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THE DIRECTOR, GROUND WATER, DEPARTMENT OF GROUND WATER DIRECTORATE, THIMMAIAH ROAD, KSFC BHAVAN, VASANTHANAGARA, BENGALURU - 560 052.

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…RESPONDENTS

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(BY SRI. V.SHIVA REDDY, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OF DIRECTION SETTING ASIDE THE ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NUMBER 2209/2024 DATED 14.10.2024 WHICH IS PRODUCED AT ANNEXURE-A AND CONSEQUENTLY ALLOW THE SAID APPLICATION AS PRAYED FOR AND DIRECT THE RESPONDENTS TO PAY THE COST OF THIS PETITION AND GRANT SUCH OTHER RELIEF.

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

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD AND HON'BLE MR. JUSTICE T.M.NADAF

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE T.M.NADAF) This petition is by the unsuccessful applicant

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under Articles 226 and 227 of Constitution of India, calling in question the order dated 14.10.2024 passed by the Karnataka State Administrative Tribunal ('the Tribunal' for short) in Application No.2209/2024, dismissing the application, declining to issue direction sought in the application to consider representations vide Annexure-A8 to A10 and pass appropriate orders.

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The parties are referred to as per their

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rankings before the Tribunal.

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The brief factual matrix as per petitioner, leading to filing of the petition is as under:

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The petitioner joined service as Drillercum-Mechanic during May 2002 with the Department of Mines and Geology ('DMG' for short) (respondent No.3). At the time of joining the service, the applicant was possessing Diploma in Mechanical

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Engineering. Subsequent to induction in service, he completed his B.E. degree in Mechanical Engineering in the year 2003.

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The applicant was promoted as Assistant Drilling Engineer in the month of August 2007 and thereafter, was promoted as Drilling Engineer on 13.01.2015. As per the Cadre and Recruitment Rules of DMG, a Drilling Engineer is eligible for promotion as Deputy Chief Drilling Engineer after putting in five years of service. The applicant was promoted to Deputy Chief Drilling Engineer with effect from 12.11.2021 (Annexure-A1).

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After putting in three years of service as Deputy Chief Drilling Engineer, the petitioner is eligible to be promoted as Chief Drilling Engineer as per the C and R Rules applicable to DMG.

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The Hon'ble Chief Minister, in his budget, had announced bifurcation of the Ground Water

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Wing to be directed separately from DMG. A Government notification came to be issued dated

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20.06.2014, wherein 258 posts of various cadres and 99 officers of certain cadres were permanently transferred from DMG to the Ground Water Directorate ('GWD' for short ). The position of Chief Drilling Engineer of DMG has been redesignated as Joint Director, however, the nature of work and pay scale remain the same (Annexure-A2). Since the notification, there are no candidates eligible to hold the above post.

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The department of the second respondent passed an order dated 24.05.2019, shifting certain posts from DMG to GWD. Pursuant to the order, the petitioner and others reported to GWD and have been discharging their duties.

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As the petitioner and others transferred to GWD were not paid their salaries, the colleagues of the petitioner approached the KSAT in Application Nos.6746 to 6753/2019. The Tribunal, vide its order dated 06.01.2020, allowed the application, directing the second respondent to pay the salaries and

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allowances until a decision is taken on the

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transferred posts on a permanent basis, in a timebound manner (Annexure-A4).

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The petitioner challenged the order dated 24.05.2019 in a separate application before the Tribunal in Application No.358/2020. During the pendency of the application, the Government vide order dated 06.03.2020 withdrew the transfer order dated 24.05.2019. Since the order under the challenge came to be withdrawn, the Tribunal disposed of the application on 02.06.2022 (AnneuxreA5), as infructuous. In view of withdrawal of the transfer order, the petitioner was promoted as Deputy Chief Drilling Engineer to DMG.

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The Government has not taken any decision in terms of order passed by the Tribunal in the application Nos. 6746 to 6753/2019 disposed of on 06.01.2020 stated supra . In the meanwhile, the petitioner has completed three years of service as Deputy Chief Drilling Engineer in DMG and is eligible

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for the final attainable promotion in his career i.e., Chief Drilling Engineer. However, in view of shifting the post to GWD, the same has the effect of nullifying the prospect of the petitioner to attain his final promotion available in his career. A representation comes to be submitted to the Director of DMG by the applicant requesting him to recommend his case for transfer to GWD. The Director of DMG, in consideration of the representation, recommended the request sought in the representation vide his letter dated 16.01.2024 (Annexure-A8) to the State Government.

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The petitioner also made two other representations dated 20.07.2022 and 09.01.2024 to the Government to consider his request for transfer to GWD and for consideration of his service as Deputy Chief Drilling Engineer and alternatively sought retraction of the position of Chief Drilling Engineer from GWD to DMG.

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As per the petitioner, till date no person is serving as Chief Drilling Engineer and the work assigned to the said post is being discharged by Drilling Engineer as well as the Deputy Chief Drilling Engineer. As the representations submitted by the applicant have not been considered, he was before the Tribunal in Application No.2209/2024, seeking for a direction to consider his representation.

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The respondent-State, after accepting notice, filed statement of objections and filed two notifications dated 05.08.2021 and 06.07.2021 (Annexure-R1 and R2) opposing the direction sought in the application, stating that once the post of Chief Drilling Engineer was shifted to GWD by virtue of a Government policy, there is no possibility of reshifting the post of Chief Drilling Engineer to the Mines and Geologies Department at the request of the applicant. Further, it was contented that in view of withdrawal of the transfer notification dated 24.05.2019 (vide notification dated 06.03.2020), the

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relief seeking a direction to the respondents to shift the applicant along with his post to the Department of Mines, Irrigation from Ground Water Department is not sustainable in law.

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It was further contented that earlier the applicant has declined to join to the newly created department by way of absorption. The applicant has already been given two promotions and now sought promotion as Joint Director as per C & R Rules of Schedule II of the Second and forth respondents/Departments and shifting from GWD to DMG is not permissible in law therefore, sought to dismiss the application.

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The Tribunal, after considering the rival submissions and relying on the judgment of the Hon'ble Apex Court in Directorate of Film Festivals and Ors. Vs. Gaurav Ashwin Jain and Ors.¹ has held that the representations of the applicant are

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1 (2007) 4 SCC 737

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contrary to the decision of the Hon'ble Apex Court. Accordingly, dismissed the application and declined to interfere with the decision taken by the Government. It is this order passed by the Tribunal is called in question in this writ petition.

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This Court, on 04.08.2025 passed an order which reads as under:

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"The learned Additional Government accepts notice for respondents Nos.1 to 4.

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The Learned Additional Government is directed to file affidavit as to what is the nature of work entrusted to the petitioner who is working as Chief Drilling Engineer in Mines Department, taking note of the fact of report dated 16.01.2024 (Annexure-A8) wherein it is indicated that there is no work to the Chief Drilling Engineer in the Department of Mines.

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Re-list week after next."

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Learned Additional Government Advocate

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on 10.09.2025, filed an affidavit of the Joint Director (Administration, Department of Mines and Geology in Bengaluru) along with four annexures as Annexure

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R1 to R4. The Officer in the affidavit has stated that Annexure-A8 is the requisition submitted by the applicant to the second respondent. In consideration of the requisition, the second respondent recommended the applicant's request with regard to re-shifting him to the office of the third respondent. The third respondent, reiterating the claim of the applicant as per his request, submitted his recommendation to the second respondent.

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It is further stated that the letter dated 16.01.2024 addressed to the second respondent is just a mere suggestion for action and does not contain any legal binding to take a decision and has no significant implication. The second respondent has no power to take decision with regard to policy matters and accordingly an order came to be passed as per Annexure-R1 dated 05.08.2021. The second respondent, in response to the said letter, wrote a clarification letter dated 16.01.2024 to the third respondent informing that there is no Chief Drilling

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Engineer post in the office of the forth respondent as the cadre of Chief Drilling Engineer has been redesignated as Joint Director in the newly reformed cadre under the Recruitment Rules in the Department of Mines, Irrigation and Ground Water Directorate.

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In view of the same, the request of the petitioner for creation of new post of Chief Drilling Engineer is an impossible task, as it requires approval of the Finance Department (Annexure-R2). Thereafter, vide order dated 20/25.02.2025 submitted a proposal to the second respondent recommending that the applicant be assigned the work related to supervision of the squad team and other work with regard to technical issues in the Department of Mines and Geology (Annexure-R3). Upon the said letter, the Finance Department has opined, vide letter dated 24.04.2025, that such upgradation cannot be accepted (Annexure-R4).

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The State Government on 10.09.2025,

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filed the statement of objections, reiterating the very same statement of objections placed before the Tribunal, and sought to dismiss the petition.

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Heard Sri M. S. Bhagwath, learned Senior Counsel for Sri Swarup, Sri Nivas Learned Counsel for the petitioner and Sri Niswarady learned Senior counsel for the respondent.

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Sri Bhagwath, learner Senior Counsel submits that the petition could be disposed of by directing the respondents to consider the representations sought in the applications also in this petition in terms of Annexure-R3 dated 20/25.02.2025 and sought a direction in that regard.

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Sri V. Shivareddy, learned Additional Government Advocate submits that decision has already been taken by the Finance Department as per Annexure-R4, and the upgradation cannot be accepted. However, if the applicant is satisfied with the direction to consider the representations in terms

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of Annexure-R3, the same would be considered in accordance with law and in concurrence with the Finance Department.

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Having considered the submissions made at the Bar, further deliberation in the matter is not required and the petition could be disposed of, directing to consider the representations as sought by the learned Senior counsel. Accordingly, we pass the

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following:

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ORDER

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The petition stands disposed of, directing the respondents to consider the representations of the petition/applicant as sought in application vide Annexure A-8, A-9 and A-10 dated 16.01.2024, 20.07.2024 and 09.01.2024 respectively, in terms of Annexure-R3 dated 20.25.02.2025, in accordance with law.

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Sd/(B M SHYAM PRASAD) JUDGE

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Sd/(T.M.NADAF) JUDGE

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TMP; List No.: 1 Sl No.: 9; ct-vn

Sri Nataraju N L v. the State of Karnataka

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Sri Nataraju N L v. the State of Karnataka

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