T Gopala Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

T Gopala Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.2 (Director of Municipal Administration) to consider the petitioners' representations at Annexure-M dated 14.03.2024 and Annexure-M1 dated 08.08.2024 and pass appropriate order in accordance with law within three months; writ petition disposed of without adjudicating the original prayers, which counsel did not press.

Issue for consideration

Whether the petitioners' earlier service rendered in Grama Panchayats, before those areas became part of BBMP, should be counted for the purpose of pay and seniority. +1 more

Court's answer

The petitioners' request to count their earlier service rendered in the Grama Panchayats before the Grama Panchayats became part of BBMP is to be considered in accordance with law, and the respondents have a legal obligation to consider that request.

Ratio / Principle

Respondent No.2 (Director of Municipal Administration) is directed to consider the petitioners' representations at Annexure-M dated 14.03.2024 and Annexure-M1 dated 08.08.2024 and pass appropriate order in accordance with law.

Key takeaways

The consideration and appropriate order by respondent No.2 were directed to be completed within a period of three months from the date of the order.ratio¶50

Detailed headnote1 paragraphs

High Court of Karnataka (S.G. Pandit, J.), oral order dated 20.02.2025 in W.P. No. 25842 of 2024 (S-RES): Three BBMP revenue officials (two Revenue Assessors and one Revenue Inspector), who per their counsel began as Bill Collectors in Grama Panchayats later included in BBMP and whose earlier service was not being counted for pay or seniority, sought treatment as Municipal Council servants for 29.12.1993 to 16.01.2007 under S. 359C, Karnataka Municipalities Act, 1964, and seniority fixation under Rule 6, Karnataka Government Servants (Seniority) Rules, 1957. Counsel did not press those prayers and confined the petition to consideration of representations dated 14.03.2024 (Annexure-M) and 08.08.2024 (Annexure-M1). Holding that the respondents have a legal obligation to consider the request in accordance with law, the Court directed respondent No.2 (Director of Municipal Administration) to consider the representations and pass an appropriate order within three months, and disposed of the writ petition.

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NC: 2025:KHC:7762 WP No. 25842 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE S.G.PANDIT

WRIT PETITION NO. 25842 OF 2024 (S-RES)

BETWEEN:

T. GOPALA, S/O LATE THIMMEGOWDA, AGED ABOUT 54 YEARS, WORKING AS REVENUE ASSESSOR, ASSISTANT REVENUE OFFICE, C.V. RAMAN NAGAR SUB-DIVISION B.B.M.P. EAST ZONE, BANGALORE – 560 072. DATE OF APPOINTMENT 01/04/1989 DATE OF REGULARISATION 01/04/1999 DATE OF ABSORPTION INTO CMC 29/12/1993

Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA

A.G.BABU, S/O LATE S. GOPAL REDDY, AGED ABOUT 56 YEARS, WORKING AS REVENUE ASSESSOR, MARATHALLI SUB-DIVISION, MAHADEVAPURA ZONE, BANGALORE – 560 037. DATE OF APPOINTMENT 1/11/1989 DATE OF REGULARIZATION 1/11/1999 DATE OF ABSORPTION INTO CMC 29/12/1993

S. NATARAJA, S/O LATE SIDDAVEERAPPA, AGED ABOUT 56 YEARS, WORKING AS REVENUE INSPECTOR H.B.R. SUB DIVISION, B.B.M.P. EAST ZONE, BANGALORE – 560 064.

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NC: 2025:KHC:7762 WP No. 25842 of 2024

DATE OF APPOINTMENT 2/3/1993 DATE OF REGULARIZATION 2/3/2003 DATE OF ABSORPTION INTO CMC 29/12/1993

…PETITIONERS

(BY SRI. PRASANNA B.R, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY ITS SECRETARY TO URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA BANGALORE – 560 001.

DIRECTOR OF MUNICIPAL ADMINISTRATION V.V.TOWER, DR. B.R. AMBEDKAR ROAD, BANGALORE - 560 001.

THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, KANDAYA BHAVAN, BANGALORE – 560 001.

THE COMMISSIONER B.B.M.P., NR SQUARE, BANGALORE – 560 001.

…RESPONDENTS

(BY SRI. SHIVAREDDY.V, AGA FOR R1-R3; SRI. B.L. SANJEEV, ADVOCATE FOR R4)

THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO TREAT THE PETITIONERS AS THE SERVANTS OF THE MUNICIPAL COUNCIL FOR THE PERIOD FROM 29.12.1993 TO 16.01.2007 AS CONTEMPLATED U/SEC 359C OF THE KARNATAKA MUNICIPALITIES ACT, 1964 BY CONSIDERING THE REPRESENTATIONS VIDE ANNEXURE-M AND M1 DTD 14.03.2024 AND 08.08.2024 AND ETC.,

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NC: 2025:KHC:7762 WP No. 25842 of 2024

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

CORAM: HON'BLE MR JUSTICE S.G.PANDIT

ORAL ORDER

The petitioners, at present working as Revenue

Officers in the respondent-Bruhat Bengaluru Mahanagara Palike (for short “BBMP”) are before this Court, under Article 226 of the Constitution of India, praying for a direction to treat the petitioners as servants of Municipal Council from 29.12.1993 to 16.01.2007 and also to consider the date of entry into service for the purpose of fixation of their seniority in terms of Rule 6 of Karnataka Government Servants (Seniority) Rules, 1957 (Annexure-B).

Heard Sri.B.R.Prasanna, learned counsel for the petitioners, Sri.B.L.Sanjeev, learned counsel for

respondent No.4 as well as learned Additional Government Advocate Sri.V.Shivaredy, for respondent Nos.1 to 3. Perused the writ petition papers.

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NC: 2025:KHC:7762 WP No. 25842 of 2024

Learned counsel for the petitioners Sri.B.R.Prasanna at the outset would submit that he would not press the prayers as prayed in the writ petition, but, he would restrict his prayer for consideration of his representation at Annexure-M dated 14.03.2024 as well as Annexure-M1 dated 08.08.2024 and further he submits that petitioner be given liberty to submit representation to respondent Nos.3 and 4 in that regard.

Learned counsel for the petitioners would submit that the petitioners were appointed in various Grama Panchayats as Bill Collectors in and around Bengaluru. On formation of BBMP, those Grama Panchayats were included in the BBMP, by virtue of which, the petitioners became employees of the 3^rd respondent-BBMP. Learned counsel would submit that their earlier service is not counted for the purpose of pay or seniority. Hence, it is submitted that they have submitted representations at Annexures-M and M1 dated 14.03.2024 and 08.08.2024. Further, Sri.Prasanna, learned counsel for the petitioners

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submits that the petitioners would make fresh

representation to respondent Nos.3 and 4 to count their earlier service for the purpose of pay and seniority.

On the other hand, learned counsel appearing for respondent No.4 would submit that the representations of the petitioners would be considered in accordance with law, within a reasonable time.

The request of the petitioners is to count their earlier service rendered in the Grama Panchayats before the Grama Panchayats became part of the BBMP. The request of the petitioners is to be considered in accordance with law. The respondents have a legal obligation to consider the request of the petitioners.

Hence, the following order:

Respondent No.2 is directed to consider the

representations of the petitioners at Annexure-M dated 14.03.2024 and Annexure-M1 dated 08.08.2024 and pass

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appropriate order in accordance with law, within a period

of three months from today.

With the above, the writ petition stands disposed of.

Sd/(S.G.PANDIT) JUDGE

MPK List No.: 1 Sl No.: 9