K T NAGARAJ Vs. BANGALORE MAHANAGARA PALIKE

JUDGEMENT

(1.) ONE B. V. Satish has filed Writ Petition No. 45082 of 1999 stating that he was appointed as Assistant Engineer on 6-8-1983 in the 2nd respondent-Bangalore City Corporation (hereinafter called as the 'corporation') on a consolidated pay of Rs. 910. 00 per month and regularised on 14-5-1990. The Government framed regulations called the City of bangalore Municipal Corporation Services (General) Cadre and Recruitment Regulations ('c and R Regulations' for short), providing for method of recruitment and qualifications for several categories of posts on the establishment of the Corporation, vide order Annexure-A. According to the C and R Regulations, the recruitment to the post of Junior Engineer (now called as Assistant Engineer) is 25% by direct recruitment and 75% by deputation from the Government service, and the recruitment to the post of Supervisor (now called as Junior Engineer) is 50% by direct recruitment and 50% by promotion of Maistries, Work Inspectors etc. The qualifications prescribed for direct recruitment to the above two posts is B. E. degree in Civil or Mechanical Engineering or equivalent qualification and Diploma in Civil or Mechanical Engineering or equivalent qualification, respectively. A provisional seniority list of Assistant engineers was published on 16-12-1993 inviting the objections. The name of the petitioner B. V. Satish was shown at SI. No. 13 and other persons, who are diploma holders and were initially appointed as Junior engineers and subsequently transferred as Assistant Engineers from the date of their acquiring B. E. degree qualification, were placed at Sl. Nos. 1 to 12. Objections to the said list were filed by the petitioner. As no action was taken, the petitioner has filed Writ Petition No. 25632 of 1994 before this Court, which is pending consideration. On 7-1-1997, the corporation prepared final seniority list in the cadre of Assistant Engineers as on 31-12-1995 preceded by a provisional seniority list published under official memorandum dated 5-1-1996 and in the final seniority list, the petitioner was shown at Sl. No. 1. Again a provisional seniority list in the cadre of Assistant Engineers was published by the Corporation by its official memorandum dated 1-8-1998, and objections were invited. The petitioner's name was shown at Sl. No. 6. The petitioner filed objections against the said provisional list. However, in the final seniority list dated 10-9-1998, the name of the petitioner was shown at sl. No. 11. The petitioner has challenged the same by filing Writ Petition No. 29555 of 1998, which is pending consideration. It is also stated that the Government while exercising its powers under Sections 91 and 421 of the Karnataka Municipal Corporations Act, 1976 (for short 'the act'), issued a notification dated 27-9-1999 amending C and R Regulations with retrospective effect from 25-11-1986 (Annexure-E ). The same is challenged in this writ petition.

(2.) ONE K. T. Nagaraj and N. Vijayakumar have filed Writ Petition nos. 45080 and 45081 of 1999 respectively on the same grounds. It is stated that the petitioners are Engineering graduates and were appointed on daily wages basis in the Engineering Department of the bangalore Mahanagara Palike in the year 1985 and they were qualified for being appointed as Assistant Engineer in the year 1985 itself and their services were regularised on 23-12-1988 and 26-10-1991 respectively. They have stated that Writ Petition Nos. 3418 to 3421 of 1997 and 29148 and 29149 of 1998 are pending consideration wherein the petitioners have questioned the seniority assigned to them and have sought cor the same reliefs as in the present writ petitions.

(3.) ONE B. T. Mohan Krishna has filed Writ Petition No. 45443 of 1999. It is stated that he is Engineering graduate appointed as Assistant engineer in the Corporation, his services were regularised in 1992 and his probation has been declared as on 18-12-1995. It is stated that he has also filed Writ Petition No. 29371 of 1998 regarding seniority assigned to him, which is pending consideration.