Karnataka High Court
Sri. Jayanth Kumar vs The State Of Karnataka on 17 July, 2023
Bench: E.S.Indiresh
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WP No. 10290 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR.JUSTICE E.S.INDIRESH
WRIT PETITION NO.10290 OF 2023 (S-PRO)
BETWEEN:
1. SRI. JAYANTH KUMAR
S/O RAJANNA D.
AGED ABOUNT 30 YEARS,
WORKING AS ASSISTANT ENGINEER
(ELECTRICAL),
MYSORE CITY CORPORATION
MYSURU - 570 004.
2. SRI KAVAN A.B.
S/O BIDDANI A.C.
AGED ABOUT 30 YEARS
WORKING AS ASSISTANT ENGINEER
(ELECTRICAL)
MYSORE CITY CORPORATION
MYSURU - 570 004.
...PETITIONERS
Digitally signed by
ARUN KUMAR M S
(BY SRI. SATISH K., DVOCATE)
Location: High Court
of Karnataka
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT,
REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETARY,
VIKASA SOUDHA,
BENGALURU - 560 001.
2. THE DIRECTOR OF MUNICIPAL
ADMINISTRATION,
VISHWESHWARAIAH TOWERS,
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WP No. 10290 of 2023
DR. AMEDKAR ROAD,
BENGALURU - 560 001.
3. SRI. VINAY Y.N.,
FATHER'S NAME NOT KNOWN
TO THE PETITIONERS,
MAJOR, WORKING IN JUNIOR ENGINEER
(ELECTRICAL),
MYSORE CITY CORPORATION,
MYSURU- 570 004.
4. SRI. CHANDRAHAS
FATHER'S NAME NOT KNOWN
TO THE PETITIONERS,
MAJOR,
WORKING AS JUNIOR ENGINEER
(ELECTRICAL),
HUBLI-DHARWAD,
MUNICIPAL CORPORATION,
HUBLI- 580 020.
5. SRI. GANESH L.R.
FATHER'S NAME NOT KNOWN
TO THE PETITIONERS,
MAJOR,
WORKING AS JUNIOR ENGINEER
(ELECTRICAL),
SHIVAMOGGA CITY CORPORATION,
SHIVAMOGGA - 577201.
6. SRI. RATHOD NAIK
FATHER'S NAME NOT KNOWN
TO THE PETITIONERS,
MAJOR,
WORKING AS JUNIOR ENGINEER (ELECTRICAL),
TUMAKUR CITY CORPORATION,
TUMAKUR- 572102.
7. SRI. RAMESH
FATHER'S NAME NOT KNOWN
TO THE PETITIONERS,
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WP No. 10290 of 2023
MAJOR,
WORKING AS JUNIOR ENGINEER
(ELECTRICAL),
KALABURGI CITY CORPORATION,
KALABURAGI- 585 101.
8. SRI. SUNIL
FATHER'S NAME NOT KNOWN
TO THE PETITIONERS,
MAJOR,
WORKING AS JUNIOR ENGINEER
(ELECTRICAL),
KALABURAGI CITY CORPORATION,
KALABURAGI- 585101.
...RESPONDENTS
(BY SRI. M.S. NAGARAJA, AGA FOR R1 AND R2;
SRI DHYAN CHINNAPPA, SENIOR COUNSEL FOR
SRI JACOB ALEXANDER, ADVOCATE FOR R3, 5 AND 6;
SRI S. GURU PRASANNA, ADVOCATE FOR R7
R4 & R8 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
THE IMPINGED KARNATAKA MUNICIPAL CORPORATIONS
(COMMON RECRUITMENT OF OFFICERS AND EMPLOYEES)
RULES, 2011 PUBLISHED VIDE NOTIFICATION DATED
11.04.2011 BEARING NO. UDD 156 ACB 2009 (ANNX-D) BY
THE RESPONDENT 1, INSOFAR AS IT RELATES TO FILLING UP
TO 40 PERCENT OF THE POST OF ASST EXECUTIVE ENGINEER
(ELECTRICAL) FROM THE CADRE OF JUNIOR ENGINEER
(ELECTRICAL) IS ILLEGAL UNCONSTITUTIONAL AND VOID
AND OPPOSED TO ARTICLE 14 AND 16 OF THE CONSTITUTION
OF INDIA AND ETC.
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WP No. 10290 of 2023
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, petitioners have challenged the
validity of Karnataka Municipal Corporations (Common
Recruitment of Officers and Employees) Rules, 2011, notified
on 11.04.2011 as ultravires of Article 14 of the Constitution,
inter alia, sought for direction to the respondent Nos.1 and 2 to
promote the petitioners from the cadre of Assistant Executive
Engineer (Electrical) only from the feeder cadre of Assistant
Engineer (Electrical).
1. Heard Sri. K. Sathish, learned counsel for the petitioners,
Sri.Dhyan Chinnappa, learned Senior Counsel on behalf of Sri.
Jacob Alexander for respondent Nos.3 to 6, Sri. N. Kumar,
learned Additional Government Advocate appearing for
respondent Nos.1 and 2 and Sri. S. Guruprasanna, learned
counsel for respondent No.7.
2. Sri. K. Sathish, learned counsel for the petitioners,
contended that, the issue involved in this Writ Petition was
challenged in W.P. No.1575/2023 and connected Writ Petitions,
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which came to be allowed on 10.07.2023 and accordingly,
sought for similar reliefs.
3. Per contra, Sri. Dhyan Chinnappa, learned Senior Counsel
contended that the Hon'ble Supreme Court in the case of T.R.
KOTHANDARAMAN AND OTHERS Vs. TAMILNADU WATER
SUPPLY AND DRAINAGE BOARD AND OTHERS reported in
(1994) 6 SCC 382 has upheld the classification made by the
respondent - authorities therein with regard to the promotion
to the higher post from the cadre of Junior Engineers
(Electrical) and Supervisors (Electrical Grade-I) and accordingly
sought for interference of this Court.
4. Having heard the learned counsel appearing for the
parties, on careful examination of the impugned Rules, this
Court, by Order dated 10.07.2023 was pleased to hold that the
Karnataka Municipal Corporations (Common Recruitment of
Officers and Employees) Rules, 2011, notified on 11.04.2011,
providing promotion for filling up of 25% of the Post of
Assistant Executive Engineer as unconstitutional and in
violation of Article 14 and 16 of the Constitution of India. In
view of the Judgment in T.R. KOTHANDARAMAN case (supra)
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WP No. 10290 of 2023
referred to by Sri. Dhyan Chinnappa, learned Senior Counsel
for the respondents, on careful examination of the said
Judgment, this Court while disposing of W.P. No.1575/2023 on
10.07.2023, has relied upon the Judgment of the Constitution
Bench of the Hon'ble Supreme Court in the case of STATE OF
JAMMU AND KASHMIR Vs. TRILOKI NATH KHOSA AND
OTHERS reported in (1974) 1 SCC 19 and the Hon'ble
Supreme Court has referred to the TRILOKI NATH KHOSA
case in T.R. KOTHANDARAMAN case (supra). In that view of
the matter, I am of the view, that the relief sought for by the
petitioners is squarely covered by the Judgment of this Court in
W.P. No.1575/2023 disposed of on 10.07.2023.
5. Accordingly, the Writ Petition is allowed in terms of the
Judgment of this Court in W.P. No.1575/2023 disposed of on
10.07.2023.
6. In view of disposal of the main matter, I.A.1/2023 does
not survive for consideration.
SD/-
JUDGE
sac*
