Sri.Sanganabasappa S Desar v. Sri.Sultan Sab Nandawadagi

Judgment

1. The Karnataka Urban Water Supply & Drainage Board (KUWS & DB), Represented by its Managing Director, Jala Bhavan, No.5 & 6, BTM Layout, I-cross, Bannerghatta Main Road, Bangalore-560029.

3. The Chief Accounts Officer, Karnataka Urban Water Supply & Drainage Board (KUWS & DB), Represented by its Managing Director, Jala Bhavan, No.5 & 6, BTM Layout, I-cross, Bannerghatta Main Road, Bangalore-560029. The Executive Engineer, Karnataka Urban Water Supply & Drainage Board (KUWS & DB), Bijapur-586 101. Respondents

(By Shri Dayanand Bandi, Adv. for Ri to R3) **** These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India Praying to direct respondents to consider representation submitted by the petitioners on 19.7.2006 marked at Annexure-G and grant them the benefit which has been granted to other employees in the interest of justice and equity. 3 W.P.NO.13615 OF 2006 BETWEEN Sri.Hanamanthagouda F Patil S/o Sri.Fakeeragouda Patil, Aged about 56 years, Working as Senior Works Inspector in The office of the Assistant Executive Engineer, Karnataka Urban Water Supply & Drainage Board (KUWS & DB), KWB, Hubli Dharwad, Water supply Maintenance Sub Division(North), Dharwad-580001 & Residing at Flat no.23, Kanakashree building, Sharada Colony, 6th Cross, Dharwad-580004. (By Shri V.R.Datar, for M/s Subba Rao & Company) AND: Petitioner

2. The Karnataka Urban Water Supply & Drainage Board (KUWS & DB), Represented by its Managing Director, Jala Bhavan, No.5 & 6, BTM Layout, I-cross, Bannerghatta Main Road, Bangalore-560029. The Chief Accounts Officer, Karnataka Urban Water Supply & Drainage Board (KUWS & DB), Jala Bhavan, No.5 & 6, BTM Layout, I-cross, 4 Bannerghatta Main Road, Bangalore- 560029.

3. The Executive Engineer, KWB Hubli Dharwad Water Supply Maintenance Division Dharwad-58 0001. (By Shri M.C.Bandi, Assts.) Respondents This Writ Petition is filed under Articles 226 & 227 of the Constitution of India Praying to direct the respondents to step up the pay on par with Sri.M.A.Mehasinakai and consider representation submitted by the petitioner on 14.6.2006 marked at Anex-K and grant him the benefit which has been granted to other employees as per the representation dated 5.11.2004 marked at Annex-H and covering letter dated 7.2.2005 marked at Annex-J. These Writ petitions coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following: ORDER Petitioners in these petitions have sought for a direction, directing the respondents to consider the representation submitted by petitioners on 19th July 2006 vide Annexure 0 and grant the benefits which have been granted to other employees, Further, petitioners have sought for quashing the order dated 9th April 1992 vide Annexure C and consequential re fixation made in pursuance to Annexure C, is arbitrary, capricious and violative of Articles 14, 16, and 21 and 300-A of the Constitution of India and to direct the respondents to step up the pay of the petitioners on par with Shri.M.A. Menasinakai and pay them all consequential benefits. Petitioners have also sought for a direction to the contesting respondents to pay all consequential benefits including arrears from the date of his appointment as on date, to meet the ends of justice.

2. Facts in brief are that, the petitioners herein were appointed in the erstwhile Department of Public Health and Engineering the Government Karnataka. Later, they were transferred to the Board on its formation along with the works. Pursuant to a Government Order, the petitioners who were in the pay scale of90-200/- were extended the pay scale of120- 240/-. Thereafter the said benefit was taken away and 4 / 6 the petitioners approached this Court, by filing writ petitions along with several others and the same was allowed. Thereafter, the Board issued notice to all the employees and once again reduced the pay scales. One Shri.M.A.Menasinakai approached this Court and he is junior to the petitioners and the writ petition filed by him was allowed and the order of the learned single judge was challenged in the writ appeal, which was rejected and Shri.M.A. Menasinakai has been extended the pay scale of 12O-24O/- from the date of his initial appointment and therefore, several others also had approached this Court and the writ petitions filed by them were allowed. It is the further case of petitioners that, since Shri.M.A. Menasinakai, who is junior to the petitioners, is drawing higher pay scale, the said benefit is required to be extended to the petitioners also. In addition to that, the petitioners also entitled to arrears on the same treatment which has been extended to Shri.M.A. Menasinakai. Since the I 7 same has not been extended despite repeated representations, these petitioners felt necessitated to present these writ petitions seeking appropriate reliefs as stated supra.

3. I have gone through the grounds urged in the writ petitions.

4. After careful evaluation of the material available on record, it emerges that Shri. M.A. Menasinakai has filed writ petition No.16391/21992, questioning the correctness of the order dated 9th April 1992 passed vide Annexure J therein and the writ petition filed by Shri.M.A.Menasinakai was allowed by this Court, by its order dated 8th July 1998, quashed the order passed by the competent authority, insofar as the petitioner therein was concerned, in not fixing his pay scale at column 4 of ?120-240/- is bad in law. Further, the respondents were directed to re-fix the pay scale on the basis of the Government Orders vide Annexure B dated 10th September 1980 and Annexure 8 H dated 31st May 1989 and pay all the consequential benefits. Assailing the correctness of the order passed by the learned single Judge of this Court dated 8th July 1998 in Writ Petition No.16391/1992, the respondents therein filed Writ Appeal Nos.970/ 1999 and 1378/1999. The said writ appeals had come up for consideration on 24th January 2000 and the writ appeals filed by the respondents were dismissed, confirming the order passed by the learned Single Judge, holding that there is no infirmity in the order passed by the learned Single Judge vide Annexures D and E respectively. In view of quashing of the Government Orders, by virtue of the disposal of the writ petition, and its confirmation in writ appeal, 1992, bearing No.CEB/4/EGE/87-Vol-3/Bangalore/ 114 in so far as these four petitioners are concerned, stands quashed. the order dated 9th April

5. So far as the other prayer sought for in the writ petitions is concerned, it is the case of the petitioners that they have submitted a detailed representation to 9 the respondents to consider the representation and extend the benefit is provided to Shri.M.A. Menasinakai, who is junior to these petitioners and they are also entitled to equal treatment and also entitled to the fixation of the pay scale at 12O-24O/-, as directed by this Court and these orders have become final. Not considering When such being the case, the respondents ought to have considered the representation submitted by these petitioners. representation submitted by petitioner and keeping the same in abeyance taking into undue advantage of the quashing of the Government Order issued dated 9th April 1992 is not justifiable. Therefore, it would suffice for this Court, if appropriate direction is issued to respondents to consider Annexure G dated 19th July 2006, jointly submitted by the petitioners in W.P.Nos. 13638/2006 & 61899-61900/2012, and Annexure K dated 14th June 2006 submitted by petitioner in W.P.No.13615/2006. 47 — 10

6. In the light of the facts and circumstances of the case, the writ petitions filed by petitioners is disposed of, with a direction to respondents to consider Annexure G dated 19th July 2006, jointly submitted by the petitioners in W.P.Nos.13638/2006 & 61899- 61900/2012, and Annexure K dated 14th June 2006 submitted by petitioner in W.P.No.13615/2006 and dispose of the same, as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this order, if not already considered and disposed of. Sd! 3UDGE BMV*