P. T. Mallikarjun Reddy v. State of Karnataka

NC:(2026:KHC:4611( WP(No.(12771(of(2022( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(28 (DAY(OF(JANUARY,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(H.T.(NARENDRA(PRASAD( WRIT(PETITION(NO.(12771(OF(2022((S-RES)( BETWEEN:(( (

1., P.,T.,MALLIKARJUN,REDDY, S/O.,G.,THIPPA,REDDY, RETIRED,ASSISTANT,EXECUTIVE,ENGINEER,

AGED,ABOUT,62,YEARS, NO.,1,,10TH,MAIN,,1ST,G,CROSS, BASAVESWARA,NAGARA,

BENGALURU-560,079., ,

2., N.,P.,BALAKRISHNA,

AGED,ABOUT,61,YEAR,, RETIRED,ASSISTANT,EXECUTIVE,ENGINEER, MAHADESHWARI,LAYOUT,,POST,METTAGALLI,

MYSORE-570,016., ,

3., R.,S.,MANJUNATH,Digit allytisigned by0MALATHI AGED,ABOUT,66,YEARS, CHALUVA RETIRED,ASSISTANT,EXECUTIVE,ENGINEER, IYENGAR NO.,1549,,SF-2,,ADITYA,GREENS,Location: HIGH 2ND,STAGE,,69TH,CROSS, COURTOF KUMARASWAMY,LAYOUT,KARNATAKA BENGALURU-560,078., ,

4., NARAYANASWAMY.,B.,M., AGED,ABOUT,62,YEARS, RETIRED,ASSISTANT,EXECUTIVE,ENGINEER, JUDICIAL,LAYOUT,,G.K.V.K.,POST, YELAHANKA,NEW,TOWN-560,065., …PETITIONERS, , (BY,SRI.,VINAYAKA,,B,,VISHNU,BATTA.,,ADVOCATE), NC:(2026:KHC:4611( WP(No.(12771(of(2022( ( , ,,HC-KAR( ( ( , AND:( (

1., STATE,OF,KARNATAKA, URBAN,DEVELOPMENT,DEPARTMENT, REP.,BY,ITS,PRINCIPAL,SECRETARY, VIDHANA,SOUDHA,,, , BENGALURU-560,001., ,

2., THE,BENGALURU,WATER,SUPPLY,, AND,SEWERAGE,BOARD, REP,BY,ITS,CHAIRMAN, 1ST,FLOOR,,CAUVERY,BHAVAN, KEMPEGOUDA,ROAD, BENGALURU-560,009., …RESPONDENTS, , (BY,SRI.SPOORTHY,HEGDE,N,HCGP,FOR,R1:, SRI.,B.L.,SANJEEV.,,ADVOCATE,R2), , , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLE,226,OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, QUASH, THE, REGULATION, NO.4, IN, THE, BANGALORE, WATER, SUPPLY, AND, SEWERAGE,BOARD,(ABSORPTION,OF,ENGINEERS,APPOINTED, ON, DEPUTATION, BASIS, IN, BANGALORE, WATER, SUPPLY, AND, SEWERAGE,BOARD),REGULATIONS,2008,,(ANNEXURE-A),AND, ETC., , THIS,PETITION,,COMING,ON,FOR,PRELIMINARY,HEARING, IN, 'B', GROUP,, THIS, DAY,, ORDER, WAS, MADE, THEREIN, AS, UNDER:, ,

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

¶1In this writ petition, the learned counsel for the petitioners submits that he does not press prayer No.1 and seeks only a writ of mandamus directing respondent Nos.1 and 2 to consider the past service of the petitioners prior to their absorption while fixing their pay scale and pensionary benefits, as per the old pension scheme which was in force at the time of their deputation to the Bengaluru Water Supply and Sewerage Board (BWSSB).

¶2The case of the petitioners is that the petitioners initially joined the Karnataka State Construction Corporation (hereinafter referred to as 'Corporation' for short, which is a Government of Karnataka undertaking) as contract employees to the post of Assistant Engineers. Thereafter, their services were absorbed in respondent No.2-BWSSB and thereafter, the petitioners retired from

the services and their pensions were fixed under new pension scheme.

The further case of the petitioners is that some of the employees, who were absorbed by the BWSSB, filed W.P.No.10019/2021 before the Division Bench of this Court challenging Regulation No.4 of the Bangalore Water Supply and Sewerage Board (Absorption of Engineers appointed on deputation basis in Bangalore Water Supply and Sewerage Board) Regulations 2008 (hereinafter referred to as 'BWSSB Regulations, 2008' for short). The Division Bench, by order dated 26.05.2022, disposed of the said petition and quashed Regulation No.4 of the BWSSB Regulations, 2008.

Therefore, the grievance of the petitioners herein is that since they are similarly placed to the petitioners in the above said petition, insofar as pension and other pensionary benefits are concerned, the petitioners' pension has to be fixed under the old pension scheme in view of decision of Division Bench of this Court in

W.P.No.10019/2021 disposed of on 26.05.2022. Since, respondent No.2 has not considered the case of the petitioners for fixing their pension under old pension scheme, he sought for direction in accordance with the above writ petition.

¶3Regulation No.4(3) of the BWSSB Regulations, 2008 reads as follows: "4(3) As regards pension and other retirement benefits they shall be governed by terms and conditions as stipulated in Government order No.FD

(Spl) 04 PET 2005, dated:31-03-2006, i.e. New Defined Contributory pension scheme introduced w.e.f. 01-04-2006."

¶4The Division Bench of this Court, while disposing of the writ petition, has directed the respondent-BWSSB to give an option to the petitioners therein with regard to the retirement benefits under old pension scheme and in case such an option is exercised by the petitioners, their

eligibility/entitlement shall be considered in accordance with the scheme within three months from the date of receipt of copy of the order. Since the petitioners are similarly situated persons, the following order is passed: ORDER a) The writ petition is disposed of. b) Liberty is reserved to the petitioners to submit representations to respondent-BWSSB along with the order passed by this Court in WP No.10019/2021. c) If such representations are submitted, the respondent-BWSSB is directed to consider the same, within eight weeks from the date of date of receipt of representations from the petitioners.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

HA LIST NO.: 1 SL NO.: 41