Preliminary Hearing Matters

5. WP No. 1285/2022
On 25.02.2019, the first respondent [KPTCL] has by virtue of Notification
No. KAVPRANEENI/B16/86473/2018-19 has invited application for post
[1425] of junior power man.
The petitioner’s case is that despite having submitted documents relating to
reservation [SSLC Certificate with 68%, Category IIA, Rural, Kannada
Medium, Person with Disability-Hearing Impairment of 65%] and having
satisfactorily passed the endurance test held on 21.10.2019, he is left out
from the Provisional Selection List [08.11.2021] and the final Selection List
[05.01.2022].
Other Grounds:
The respondent has not considered petitioner’s objections to the Provisional
Selection List, nor has it filled all the posts notified.
6. WP No. 3742/2022
The petitioner, an employee of erstwhile Oriental Bank of Commerce [now
merged with Punjab National Bank-the first respondent], has opted for
Pension Scheme which was in line with RBI Pension Scheme [on
29.10.1993, Memorandum of Settlement was signed with an agreement that
Pension will be on the lines of RBI Pension Scheme].
31.10.2012- The petitioner has retired from service.
07.03.2019- The RBI has updated Pension of its employees w.e.f. March
2019. Prior to this there has been certain updation with regard to Family
pension.
01.07.2020- The petitioner has made representation to the Bank to update
the pension scheme in line with RBI.
14.08.2020- The petitioner has requested the Ministry of Finance [Second
respondent] to issue directions to the bank to update the pension scheme.
This petition is filed as no action is taken.
Grounds urged: a) Enforcement of Memorandum of Settlement [Annexure A]
dated 29.10.1993 and relevant clauses [Clause 6 and Clause 12] therein as
also the minutes of meeting dated 10.11.1997 [Annexure B].
7. WP No. 2805/2023 [Seeking for regularization]
The petitioners have been rendering services as Guest Lecturers [for more
than 12 years] with the respondents and discharging duties to the utmost
satisfaction.
Grounds urged: a) Similarly placed persons approached this Court in WP
No. 200568/2021 which is disposed of on 27.07.2021 directing the
respondent to consider for regularization [Page 128, Annexure D]
b) Selection of these guest lecturers is purely based on merit after following
the roster policy.
c) They have been working for more than 10 years with no interruption. [240
days in each academic year]
d) They are qualified to be appointed as permanent lecturers and these posts
have also remained vacant.
9. WP No. 3772/2024 [IA filed by the respondent for vacation of Stay]
On 18.07.2002, the petitioner is appointed as helper and thereafter has
received promotions to Meter Reader [2005] and Water Inspector [2015] with
BWSSB.
05.01.2022- The petitioner is transferred from the office of AEE [North West-
3 Sub Division] to AEE [Central-2].
10.01.2022- The petitioner is transferred from AEE[Central-2 Sub division]
to Chief Administrative Office [Bangalore].
03.02.2024- Impugned Order to transfer from Chief Administrative Office to
Coals Park Service Station.
This Court on 06.02.2024 has stayed the interim order.
Grounds urged by the petitioner : a) The petitioner [Group C Post] is entitled
for minimum tenure of 5 years and the transfer by the impugned order is
premature and contrary to guidelines dated 15.06.2017 [Annexure A]
b) The transfer in question is to a vacant post which is in contravention to
the Clause 9 guidelines dated 15.06.2017.
Objections by the respondent: a) The transfer is based on the complaint
received [Annexure R3] against the petitioner alleging demand of bribe when
the deputy Chief minister held the Janatha Darshan and as such guidelines
wouldn’t be applicable in this case.
10. WP No. 4977/2024
The petitioner is an association comprising of 1,500 bailiffs [ performs the
role of attaching properties, executing delivery warrants etc.] and around
2,500 process servers [delivering summons].
To perform their roles and responsibilities, they have to physically travel to
various places on a daily basis.
The state government vide government order No. FD 24 DRP 2018 (II) dated
11.01.2019 fixed the Travel Allowance of Rs. 500/- per month.
This Court on 24.04.2024 has prima facie found that the fixation of Rs. 500
is unscientific and arbitrary given that these employees incur much more
than that and has called upon the government to files its response.
11. WP No. 6320/2024
The petitioner is a professor from 2010 in the first respondent-institute.
On 27.10.2017, Ministry of HRD has issued a circular to all centrally funded
technical institutions wherein certain pay scales were prescribed.
On 19.05.2023 the first respondent has constituted Evaluation Counsil to
evaluate the eligibility for professors who have completed 10 years of service
for placement in the Higher Academic Grade [HAG] Scale Pay Level 15.
The petitioner has sent an email with the CV on 30.05.2023 and the
updated CV on 26.09.2023.
The petitioner through a senate agenda finds out he has not been
considered for HAG Scale while other 5 faculties are considered and has not
received any communication of his non-consideration.
Grounds urged: a) The petitioner has a vested right because he fulfills the
eligibility criteria.
b) There are no guidelines and mechanisms to determine the manner in
which the Evaluation Council bases its decisions and that would be
arbitrary.
c) The petitioner has been overlooked year on year and is not offered any
reason for refusing him the HAG Pay Scale.
12. WP No. 8496/2024
The petitioner [a member of the Schedule Caste] was appointed as Assistant
Engineer on 21.01.1999. Promoted to AEE on 08.03.2006 and Executive
Engineer on 01.01.2016 and Additional Chief Engineer on 13.04.2018 and
Chief Engineer on 15.07.2022 with the BWSSB [the second respondent]
The Judgements of B K Pavithra I and II have been discussed in detail.
Pursuant to B K Pavithra II, the second respondent board adopted a
procedure to formulate two seniority lists i.e. (1) for graduates and (2) for
diploma holders.
On 15.07.2020, the State government issued a direction to BWSSB directing
to follow the roster point with respect to reservation for appointments that
took place between 27.04.1978 and 19.08.2019.
On 29.09.2023, the provisional list is issued and on 27.02.2024, the Final
Seniority List is issued in contravention of the State Government’s direction
dated 15.07.2020.
Ground urged: a) As per Section 89 of BWSSB Act, 1964 the state
government’s direction is to be mandatorily complied with and in this case
State Government’s order dated 15.07.2020 is neither considered nor
complied with.
Note: On 28.07.2023, this Court in WP No. 50265/2019 and connected
matters has quashed multiple seniority lists and directed the BWSSB to re-
do the lists in light of the law declared in MN Nagaraja v. State of Karnataka
in 2003 (5) KLJ 70.
[There is no clarity as to the relevance of these quashed lists to the present
petition, might have to seek counsel’s assistance for lucid understanding]
13. WP No. 8529/2024
Connected matter as above.
14. WP No. 9847/2024
List of dates
04.09.2023 The second respondent has issued a notification for the
recruitment of 53 posts of different cadres along with 15
posts of technical officers.
05.11.2023 The petitioner, who has a bachelor degree in dairy
technology, has appeared for the written examination for the
post of the technical officer.
15.12.2023 The petitioner has appeared for the viva-voce.
20.12.2024 Th
The second respondent has issued appointment orders
without publishing either Provisional or Final Selection List.

Grounds urged: a) The entire process is rigged clouded by allegations of

illegal gratification of the selecting authorities.
b) ED in its press released has stated about the illegal appointment made by
the second respondent by receiving illegal gratification.
c) Not furnishing the selection lists is illegal.
15. WP No. 10999/2024
The petitioner is working as Community Affairs Officer in the Department of
Municipal Administration at Gubbi and Election Commission appointed him
as a member of the flying squad in the assembly segment of Gubbi.
However, he contends that because he was bedridden from a bike accident
he could not report to duty.
Thereafter he is suspended from service considering his leave as
unauthorized absence under Rule 10(1) (d) of the KCS [CCA] Rules 1957.
Grounds urged: a) Multiple applications made by the petitioner seeking
leave on health grounds are ignored.
b) As per Rule 10(8) of the KCS [CCA] Rules 1957 he would contend that
Regional Commissioner is the competent authority and not the Director
Municipal Administration.
Suspension order is stayed by this Court’s order dated 24.04.2024.
16. WP No 12453/2024
The petitioners were initially appointed as Dental Health Officers in the
Department of Health and Family Welfare by notification dated 26.08.2000
and were in the said department till 2007-08.
They were deputed in the year 2007-08 to Government Dental College and
Research Institute and were permanently absorbed by the Government
Order dated 27.07.2010.
The State government of Karnataka has notified the NPS [New Pension
Scheme] applicable to the new recruits from 01.04.2006 including that of
the petitioners.
Hon’ble Chief Minister has directed the Chief Secretary to consider
representation of the petitioners and grant them benefits as per Old Pension
Scheme as they all entered service much before 01.04.2006.
However, their representation dated 17.11.2020 has not been considered
and hence this petition.
Ground urged: a) Service conditions cannot be altered in the middle of the
service. b) Such an action of the government is arbitrary in contravention of
Article 300A,14 and 21.
17. WP No. 13838/2024
The petitioner is a member of the postal department and a member of the
Karnataka Circle Postal Credit Co-operative Society [Co-operative Society].
The third respondent is elected to the Co-operative Society by way of election
conducted on 20.10.2019 and is subsequently re-elected on 14.01.2024 for
2024-2028.
Holding a post for more than 5 years is in violation of rules in this regard
and violation of office memoranda [Annexure D] and hence this writ petition.