IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 16TH DAY OF NOVEMBER 2012 BEFORE THE HON'BLE MR. JUSTICE SUBHASH B ADI

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1 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 16TH DAY OF NOVEMBER 2012 BEFORE THE HON'BLE MR. JUSTICE SUBHASH B ADI WRIT PETITION NOS & /2012(S-RES) BETWEEN : 1 SRI K L GANGADHARAIAH S/O M LINGAIAH, AGED ABOUT 41 YEARS, YELAHANKA ZONE, NO.577, 6TH A MAIN, 3RD STAGE, 3RD BLOCK, BASAVESHWARANAGAR, BANGALORE SRI. RAVINDRANATH THALAVADE S/O RAMACHANDRA RAO, AGED ABOUT 53 YEARS, YELAHANKA ZONE, G-1, PRAKRUTHI APARTMENT, SHANKARMUTT MAIN ROAD, BASAVANAGUDI, BANGALORE SRI. NAGESH B C S/O CHANEGOWDA AGED ABOUT 52 YEARS, WEST ZONE, R/A NO.80, 4TH MAIN ROAD, NGEF LAYOUT, NAGARABHAVI, BANGALORE

2 4 SRI. VIJAYA KUMAR B P S/O PAPEGOWDA AGED ABOUT 54 YEARS, MAHADEVAPURA ZONE, NO.106, B4, KRISHNA BLOCK, NATIONAL GAMES VILLAGE, KORAMANGALA, BANGALORE SRI. RANGASWAMY T N S/O T K NANJEGOWDA AGED ABOUT 49 YEARS, ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT DIRECTOR TOWN PLANNING, MAHADEVAPURA ZONE, KRISHNA BLOCK, NATIONAL GAMES VILLAGE, KORAMANGALA, BANGALORE SRI. KRISHNA MURTHY S B S/O BETTEGOWDA AGED ABOUT 43 YEARS, BOMANAHALLI ZONE, NO. 123/5, DIPLI APARTMENTS, IST CROSS, KIRLOSKAR COLONY, 3RD STAGE, 4TH BLOCK, BASAVESHWARANAGAR, BANGALORE SRI. S MALLIKARJUNA GOWDA S/O CHANNEGOWDA AGED ABOUT 54 YEARS, WEST ZONE, NO. 788, 15TH MAIN, ITI LAYOUT, MALLAHATHAHALLI, BANGALORE SRI. K SUBRAMANYAM S/O LATE NARAYANA RAJU AGED ABOUT 49 YEARS, ASSISTANT ENGINEER,

3 YELAHANKA ZONE, NO. 908, D BLOCK, SAHAKARANAGAR, BANGALORE SRI. K N NANDISH S/O LATE K NIZALINGAPPA AGED ABOUT 48 YEARS, ASSISTANT ENGINEER, YELAHANKA ZONE, NO. B002M SAMRUDDI GARDENIA APARTMENT, RAILWAY PARALLEL ROAD, A BLOCK, SAHAKARANAGARA, BANGALORE SRI. H M MALLIKARJUNAIAH S/O LATE SRI. H M PAKKEERAIAH, AGED ABOUT 50 YEARS, ASSISTANT ENGINEER, YELAHANKA ZONE, FLAT NO.1, CRESCENT COURT APARTMENT, CRESCENT ROAD, BANGALORE MD. FAZLULLA SHARIFF S/O LATE JABBAR SHARIFF AGED ABOUT 55 YEARS, BOMMANAHALLI ZONE, NO.13, 5TH MAIN ROAD, JAYAMAHAL EXTENSION, BANGALORE SRI. H RAVI KUMAR S/O LATE HANUMANTHA AGED ABOUT 43 YEARS, R R NAGAR ZONE, NO.25/2, 13TH CROSS, NIMISHAMBHA TEMPLE BACK SIDE, IDEAL HOMES, R R NAGAR, BANGALORE

4 13 M. MURALIDHARA S/O K MUNISWAMY AGED ABOUT 44 YEARS, DASARAHALLI ZONE, NO.22/6, 12TH MAIN, 15TH CROSS, MALLESWARAM, BANGALORE SRI. SHIVANNA J S/O JAVARE GOWDA AGED ABOUT 50 YEARS, ASSISTANT TOWN PLANNER, DASARAHALLI ZONE, OFFICE OF ASSISTANT DIRECTOR TOWN PLANNING, HOUSE NO.18, 4TH MAIN, 7TH CROSS, SANJAY NAGAR, BANGALORE. 15 SRI. P GANGAPPA S/O PILLAPPA AGED ABOUT 54 YEARS, MAHADEVAPURA ZONE, GANGA NILAYA, PRASHANTH NAGARA, DEVANAHALLI TOWN. 16 SRI. M E TAVANE S/O LATE SRI. T B ESHWARAPPA AGED ABOUT 59 YEARS, ASSISTANT DIRECTOR, BBMP (EAST ZONE), NO. C-002, STEARLING GARDENS, KEMPAPURA, HEBBAL, BANGALORE 17 SRI. V RAMESH S/O LATE R S VENUGOPAL AGED ABOUT 47 YEARS, ASSISTANT ENGINEER, WEST ZONE, 4

5 OFFICE OF ASSISTANT DIRECTOR TOWN PLANNING, DOOR NO.276 (27/1), 15TH CROSS, VYALIKAVAL, MALLESWARAM, BANGALORE SRI. P SHANU W/O M P JAGADISH AGED ABOUT 33 YEARS, SOUTH ZONE, NO.1, 2ND FLOOR, AJANTHA GARDEN, GARDEN PUBLIC SCHOOL ROAD, UTTARAHALLI, BANGALORE SRI. M N NARAYANA SWAMY S/O M NANJUNDAIAH AGED ABOUT 53 YEARS, ASSISTANT ENGINEER, MAHADEVAPURA ZONE, OFFICE OF R/A MEDI MALLASANDRA (VIA) KADUGODI, BANGALORE SRI. K VENKATESH S/O LATE K KESHAVEGOWDA AGED ABOUT 52 YEARS, EAST ZONE,NO.108, 7TH C ROAD, PADMA NILAYA, LOWER PALACE ORCHARD, BANGALORE SRI. PRASANNA KUMAR S/O H S DEVAIAH AGED ABOUT 49 YEARS, ASSISTANT ENGINEER, R R NAGAR ZONE, MATRUKRUPA, D/NO.1919, BEHIND ANJANEYA SWAMY TEMPLE, BANDIGOWDA LAYOUT, MANDYA 5

6 6 22 SRI. A MOHAN KUMAR S/O S ASHWATHAIAH AGED ABOUT 46 YEARS, ASSISTANT ENGINEER, R R NAGAR ZONE, D.NO.148, 4TH MAIN ROAD, 10TH BLOCK, NAGARABHAVI, 2ND STAGE, BANGALORE SRI. A.R.BHASKAR S/O J.M.RAMU AGED ABOUT 49 YEARS, POST: ASST. ENGINEER, R.R.NAGAR ZONE, NO.29, 4TH CROSS, 2ND MAIN, KANAKA LAYOUT PADMANABHANAGAR BANGALORE SRI. M N KRISHORE S/O LATE H R MAHADEVAIAH AGED ABOUT 47 YEARS, ASSISTANT ENGINEER, SOUTH ZONE, OFICE OF THE ASSISTANT DIRECTOR TOWN PLANNING, NO.612, 7TH MAIN, 4TH CROSS, VIJAYANAGAR, BANGALORE SRI N R MAHESH S/O LATE RANGE GOWDA AGED ABOUT 49 YEARS POST: ASST. ENGINEER, EAST ZONE NO. 633, 9TH B MAIN ROAD RPC LAYOUT, VIJAYANAGAR BANGALORE SRI M LEYAKATH S/O SHEIKH MAHEBOOB AGED ABOUT 42 YEARS ASSISTANT DIRECTOR TOWN PLANNING

7 7 MAHADEVAPURA ZONE R/A NO. 4/2, 2ND CROSS NEW POLICE STATION ROAD K R PURAM, BANGALORE SRI H G BASAVARAJAPPA S/O LATE H GURUSIDDAPPA AGED ABOUT 58 YEARS JUNIOR ENGINEER, WEST ZONE OFFICE OF ASSISTANT DIRECTOR TOWN PLANNING, NO. 5/1, 15TH MAIN ROAD H M T LAYOUT, GOKULA 1ST STAGE MATHIKERE, BANGALORE SRI B S PRASHAD S/O LATE B SIDDAIAH AGED ABOUT 57 YEARS ASSISTANT ENGINEER BOMMANAHALLI ZONE NO. 1855, 6TH CROSS SHUBHASH NAGAR MANDYA 29 SRI S N DEVENDRAPPA S/O LATE NANDI BASAPPA AGED ABOUT 48 YEARS ASSISTANT ENGINEER EAST ZONE, NO.17, SECTOR PETITIONER, AMRUTHNAGAR SAHAKARANAGARA POST, BANGALORE 30 SRI B C BHARATH AGED ABOUT 50 YEARS S/O LATE P BALAGOPALA ASSISTANT ENGINEER SOUTH ZONE NO. 40/1, S-2, SM APARTMENT

8 8 SUBRAMANYAPURA MAIN ROAD PADMANABHANAGAR BANGALORE PETITIONERS ( BY SRI.R L PATIL, ADV., FOR M/S PATIL AND PATIL, ADVS.,) AND : 1 THE COMMISSIONER BHRUTH BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE JOINT COMMISSIONER/ADDL. COMMISSIONER BBMP, EAST ZONE BANGALORE JOINT COMMISSIONER/ADDL. COMMISSIONER BBMP, WEST ZONE BANGALORE JOINT COMMISSIONER/ADDL. COMMISSIONER BBMP, SOUTH ZONE BANGALORE JOINT COMMISSIONER/ADDL. COMMISSIONER BBMP, YELAHANKA ZONE BANGALORE JOINT COMMISSIONER/ADDL. COMMISSIONER BBMP, MAHADEVAPURA ZONE BANGALORE JOINT COMMISSIONER/ADDL. COMMISSIONER BBMP RAJA RAJESHWARINAGAR ZONE BANGALORE

9 8 JOINT COMMISSIONER/ADDL. COMMISSIONER BBMP BOMMANAHALLI ZONE BANGALORE JOINT COMMISSIONER/ADDL. COMMISSIONER BBMP, DASARAHALLI ZONE BANGALORE RESPONDENTS ( BY SRI. M R SHAILENDRA, ADV., FOR R1-9 ) 9 THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED PASSED BY THE RESPONDENT VIDE ANNX-A TO THE WP. THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY THE COURT MADE THE FOLLOWING: ORDER All these petitioners are aggrieved by the office order dated , wherein the Commissioner for Bruhat Bangalore Mahanagara Palike (BBMP) has stated that the post of the Assistant Director (Town Planning) have been abolished and the petitioners were directed to report to the duty as Assistant Engineers and Junior Engineers at different wards of the Corporation.

10 10 2. The principal contention of the learned counsel for the petitioners is that, the Commissioner has no power to abolish the post of Assistant Director in Town Planning, as such the impugned order is per say illegal and not sustainable in law. 3. On the other hand, learned counsel appearing for the Corporation submitted that, no post of Assistant Director has been abolished. Further, submitted that, all these petitioners are on deputation from the PWD Department. They were deputed to town planning and then to the Corporation, they are all working under the Corporation. Petitioners are Assistant Executive Engineers and Junior Engineers, their designation or status has not been changed. Neither the seniority nor the service conditions of these petitioners is affected. For the exigency, their services have been utilized at different wards, as such the impugned order at Annexure-A does not affect the service conditions of the petitioners.

11 11 4. Since the submission made by the learned counsel for the Corporation that, the post of Assistant Directors has not been abolished is already on record, it will clarify the petitioners apprehension. However, it is clarified that, all these petitioners are not disputing that they were on deputation from PWD Department and they were lent to the Corporation for particular period and the Corporation can utilize their services in various departments and in consonance with the same, for the exigency, the Commissioner has utilized the services of these petitioners at different wards. 5. In view of the submission of the learned counsel for the Corporation, I do not find there is any reason to interfere with the order impugned in these writ petitions. However, if the Corporation decides to utilize the service at a different place, as the services of these petitioners having been deputed to the Corporation, there is nothing wrong in the Commissioner s exercise of power to place the petitioners in different wards.

12 12 With these clarifications, these writ petitions stand disposed of. Consequently, I.A.Nos.1/2012 and 2/2012 do not survive for consideration and same are also disposed of. Sd/- JUDGE PMR