Karnataka High Court
Sri Anil S Prabhu vs The Secretary To The Government Of ... on 2 January, 2023
Bench: B.M.Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF JANUARY 2023
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.15643/2021 (S-PRO)
BETWEEN :
SRI ANIL S PRABHU
S/O SHRI SRINIVASA P PRABHU
AGED ABOUT 49 YEARS
SENIOR HEALTH INSPECTOR
DEPARTMENT OF MUNICIPAL ADMINISTRATION
NOW ON DEPUTATION AS
SENIOR HEALTH INSPECTOR
BRUHUT BENGALURU MAHANAGARA PALIKE
OFFICE OF MEDICAL OFFICER OF HEALTH
ROBERTSON ROAD FRAZER TOWN
BENGALURU-560 005 AND
RESIDING AT NO.21, 1ST FLOOR
AMARAJYOTHI LAYOUT, 3RD MAIN ROAD
SANJAYA NAGAR, BENGALURU-560 094
... PETITIONER
(BY SRI. VISHNU BHAT, ADVOCATE)
AND :
1. THE SECRETARY TO THE
GOVERNMENT OF KARNATAKA
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
M S BUILDING, DR AMBEDKAR VEEDI
BENGALURU-560 001.
2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION
9TH FLOOR, VESHWESHWARAIAH TOWERS
POLICE THIMMAIAH CIRCLE
2
BENGALURU-560 001.
... RESPONDENTS
(BY SRI. T.P. SRINIVASA, PRINCIPAL GOVT. ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DATED 24.06.2020 ISSUED BY THE R2 AS
PER ANNEXURE-E, AS THE SAME IS ARBITRARY, ILLEGAL
AND WITHOUT AUTHORITY OF LAW; DIRECT THE
RESPONDENTS TO CONTINUE THE SERVICES OF THE
PETITIONER AS SENIOR HEALTH INSPECTOR WITH ALL
CONSEQUENTIAL BENEFITS.
THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner, who is working as Senior Health
Inspector with effect from 09.02.2005, has called in
question the second respondent's order dated
24.06.2020 (Annexure-E). The material part of this
impugned order reads as under:
"ಕ ಾ ಟಕ ಪ ರಸ ೆಗಳ (ಅ ಾ ಮತು ೌಕರರ ೇಮ ಾ )
ಯಮಗಳ 1971, 2004 ಮತು 2010ರ ಯಮಗಳ ನಗರ
ಸ ಯ ಸಂ"ೆಗಳ ನ ಗೂ$% '&' ವೃಂದದ ೌಕರ *ೆ ಅಹ ,ೆಯ
ಆ.ಾರದ /ೕ0ೆ*ೆ 12ೕ ಯ ದ3ೆ ಸ4ಾಯಕರ ಹು5ೆ6*ೆ ಮುಂಬ&
ೕಡಲು ಅವ ಾಶ;ರುತ5ೆ. (ವೃಂದ ಮತು ೇಮ ಾ )
ಯಮಗಳ ಅನ2ಯ ಗೂ$% '&' ಹು5ೆ6<ಂದ 12 ೕಯ ದ3ೆ
ಸ4ಾಯಕರ ಹು5ೆ6*ೆ ಮುಂಬ& ೕ&ದ ನಂತರ ಅಹ ,ೆಯ /ೕ0ೆ*ೆ
= ಯ ಆ0ೋಗ> ೕ?ಕರ ಹು5ೆ6*ೆ ೕಡ@ೇ ಾAರುತ5ೆ. ಆದ0ೆ
ಮ*ೆ ಗೂ$% '&' ಹು5ೆ6<ಂದ 12ೕ ಯ ದ3ೆ ಸ4ಾಯಕರ
ಹು5ೆ6*ೆ ಬ& ೕಡ5ೆ ೇರBಾA = ಯ ಆ0ೋಗ> ೕ?ಕರ
ಹು5ೆ6*ೆ ಬ& ೕ&ರುವ ದು ಯಮ@ಾCರBಾAರುತ5ೆ.
ಯಮಗ *ೆ ;ರುದDBಾA ಗೂ$% '&' ಹು5ೆ6<ಂದ ೇರBಾA
= ಯ/C ಯ ಆ0ೋಗ> ೕ?ಕರ ಹು5ೆ6*ೆ ಮುಂಬ& ೕ&ರುವ
ಆ5ೇಶವನುE 5ೇ ಶ ಾಲಯ1ಂದ CಂಪFೆ1ರುವ ಕ$ಮವ
ಸಮಂಜಸBಾAರುವ ದ ಂದ Hಾನ> ಾ>Iಾಲಯದ ಆ5ೇಶ
ಸಂJೆ>:13094/2009 1 ಾಂಕ:27.02.2018ರ ಆ5ೇಶದ ;ರುದD
/ೕಲKನ; ಸ ಸಲು ಕ$ಮವCಸLಾA5ೆ. ಆದ6 ಂದ
ಉLೇಖ(3)ರಂ,ೆ ಸ Oರುವ ಮನ;ಗಳನುE ಪ$ಸುತ ಹಂತದ
ಪ ಗPಸLಾಗುವ 1ಲBೆಂದು O5ೆ."
2. It is seen from the records that the petitioner
was initially appointed as a Peon with the office of the
Chief Officer, Town Municipal Council, Bhatkal Taluk,
Uttara Kannada District, and he was promoted as
Junior Health Inspector on 04.11.1999; then promoted
as Junior Sanitary Inspector on 18.11.1999 and again
promoted to the current position [as Senior Health
Inspector] on 09.02.2005. The second respondent, while
considering the claim of others in compliance with the
directions issued by this Court in W.P.No.20825/20051,
has withdrawn the promotion granted to the petitioner
on 06.04.2009. The petitioner has called in question
this order dated 06.04.2009 in W.P.No.13094/2009,
and this Court has disposed of this writ petition
quashing such order dated 06.04.2009.
3. The petitioner has again approached this
Court with another writ petition in W.P.No.3267/2020
because the petitioner's seniority was not restored
notwithstanding this Court's earlier order dated
27.02.2018 in W.P.No.13094/2009. The petitioner's
second writ petition [W.P.No.3267/2020] is disposed of
by this Court on 11.02.2020 calling upon the concerned
to consider the petitioner's different representations for
restoration of seniority within an outer limit of eight
weeks from the date of receipt of a certified copy of the
order.
1 This petition is disposed of on 28.05.2008
4. The second respondent has issued the
impugned endorsement dated 24.06.2020 justifying the
order dated 06.04.20092 on the ground that the
petitioner could not have been granted promotion to the
post of a Junior Health Inspector without first being
granted promotion to the cadre of SDA. In the
meanwhile, the petitioner has commenced contempt
proceeding in CCC No.538/2020 alleging disobedience
of this Court's order dated 11.02.2021 in
W.P.No.3267/2020 and this contempt proceeding is
disposed of accepting the apology tendered by the
concerned with liberty to the petitioner to challenge the
endorsement. Therefore, the petitioner has filed this
petition.
5. It is seen from the impugned order that the
second respondent proposes to justify withdrawal of the
promotions granted, as aforesaid, on the ground that
2 This Court has quashed this order in W.P.No.13094/2009
the petitioner could not have been promoted as Junior
Health Inspector without first being promoted to the
cadre of SDA and an appeal must be filed as against
this Court's order dated 27.02.2018 in
W.P.No.13094/2009. The impugned order cannot be
sustained firstly on the ground that the second
respondent cannot have sat over the judgment of this
Court's order in W.P.No.13094/2009 and should have
taken steps to implement what would a necessary
concomitant to this Court's order in
W.P.No.13094/2009 unless a writ appeal was filed.
Secondly, it is undisputed that the respondents have
now called in question this Court's aforesaid order in
W.P.No.13094/2009 in Writ Appeal No.100194/2021
and this writ appeal is dismissed by the Division Bench
by its order dated 14.09.2021 on the ground of delay
and this order is accepted.
6. As such, the petition must be favored
quashing the impugned endorsement dated 24.06.2020
while also directing the concerned to restore the
petitioner's seniority consequent to this Court's order in
W.P.No.13094/2009. At this stage when queried, the
learned Additional Government Advocate submits that
necessary action would be taken to restore the
petitioner's position in the seniority list within a period
of eight [8] weeks from the date of receipt of a certified
copy of this order. The submission that the respondent
would take necessary action within eight weeks must be
accepted as it should be reasonable. Hence, the
following:
ORDER
(i) The petition is allowed, and the
impugned endorsement dated 24.06.2020
(Annexure-E) is quashed. The second
respondent is directed to restore the
petitioner's seniority consequent to this
Court's order in W.P.No.13094/2009 within
a period of eight weeks [8] from the date of
receipt of a certified copy of this order.
(ii) The petitioner shall be at liberty
to file appropriate representation enclosing a
certified copy of this order within three
weeks [3] from the date of receipt of such
order.
All the pending applications stand disposed of.
Sd/-
JUDGE
SA/-
Ct:sr
