Full Judgment Text
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NC: 2026:KHC:21582
WP No. 7108 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ST
DATED THIS THE 21 DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 7108 OF 2026 (S-RES)
BETWEEN:
1. CHETHAN S
S/O SHANKARAPPA M
AGED ABOUT 38 YEARS
PRESENTLY WORKING AS
ASSISTANT ENGINEER,
R/AT 105, 3RD CROSS, SVK LAYOUT
BASAESHWARNAGAR, BENGALURU - 560 079.
DESIGNATION ASSISTANT ENGINEER (E)
PIN: 15523
2. DEVARAJU R
S/O RAMAREDDY
AGED ABOUT 47 YEARS
PRESENTLY WORKING AS ASSISTANT ENGINEER
R/A NO.7/1, MAHALAKSHMI SWEETS
CROSS ROAD, VIDYANAGAR,
MYSURU - 570 029
DESIGNATION ASSISTANT ENGINEER (E)
PIN: 16018
Digitally signed
by
SHARADAVANI
B
Location: High
Court of
Karnataka
3. DHONDI RAM
S/O MARUTHI KARKARE
AGED ABOUT 40 YEARS
PRESENTLY WORKING AS ASSISTANT ENGINEER
R/A H.NO.18.3.390/304, 2ND CROSS,
SIDDARAMAIAH BADAVANE,
BUDA LAYOUT, MAILOOR CHIDRI RING ROAD,
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BIDAR - 585 226.
DESIGNATION: ASSISTANT ENGINEER (E)
PIN: 16515
4. CHALUVARAJA HARISH B
S/O BETTEGOWDA
AGED ABOUT 41 YEARS
PRESENTLY WORKING AS
ASSISTANT ENGINEER
R/A LIG-2, NO.723, SUBRAMANYA N HEBBAL,
MYSORE - 570 001.
DESIGNATION ASSISTANT ENGINEER (E)
PIN: 15867
5. HARISH M.N
S/O NAGARAJU M K
AGED ABOUT 39 YEARS
PRESENTLY WORKING AS ASSISTANT ENGINEER
R/A NO.377, MALLIKYATHANAHALLI VILLAGE,
MALAVALLI TQ, MANDYA - 571 430
DESIGNATION ASSISTANT ENGINEER (E)
PIN: 15881
6. KARTHIK H K
S/O LATE KRISHNEGOWDA
AGED ABOUT 40 YEARS
PRESENTLY WORKING AS ASSISTANT ENGINEER
R/AT 583, 2ND MAIN, VIJAYANAGARA 4TH STAGE,
MYSURU - 570 030
DESIGNATION: ASSISTANT ENGINEER (E)
PIN: 16444
7. MANJUNATHA M
S/O MARISWAMY M
AGED ABOUT 40 YEARS
PRESENTLY WORKING AS ASSISTANT ENGINEER
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HC-KAR
R/A NO.2698, WARD NO.19,
SANDUR - 583 119
DESIGNATION: ASSISTANT ENGINEER (E)
PIN: 15508
8. BASAVARAJ KANTI
S/O VEERABHADRAPPA
AGED ABOUT 43 YEARS
PRESENTLY WORKING AS ASSISTANT ENGINEER
R/A NO.305, VAASTU DEW FLOWER APARTMENT,
KUMBENA AGRAHARA, KADUGODI,
BANGALORE - 560 067.
DESIGNATION ASSISTANT ENGINEER (E)
PIN: B20157
9. VINAYAK AGADI
S/O NAGARAJ AGADI
AGED ABOUT 39 YEARS
KEB OFFICERS COLONY, V.P.EXTENSION,
CHITRADURGA - 577 501
DESIGNATION: ASSISTANT ENGINEER (E)
PIN: 15513.
10. BASAVARAJ M.R
S/O RAJASHEKHAR M
AGED ABOUT 34 YEARS
R/A 6TH MAIN ROAD,
SWAMI VIVEKANANDA BADAVANE,
DAVANGERE - 577 004
DESIGNATION: ASSISTANT ENGINEER (E)
PIN: M00107
11. HALADAPPA J.M
S/O LATE MANJAPPA J
AGED ABOUT 34 YEARS
R/A NO.03, 1ST FLOOR, OFFICERS BLOCK-1,
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BESCOM QUARTERS, PJ EXTENSION,
DAVANGERE - 577 002
DESIGNATION ASSISTANT ENGINEER (E)
PIN: 17863
12. ARUNA B
S/O BHIM RAO M N
AGED ABOUT 36 YEARS
R/A NO.101/1A, 3RD CROSS
RAJENDRA NAGAR, MYSURU - 570 007
DESIGNATION: ASSISTANT ENGINEER (E)
PIN: 15973
13. SHIVAKUMAR. B
S/O. BASAVARAJU
AGED ABOUT 35 YEARS
R/A NO.101/1A, 3RD CROSS
RAJENDRA NAGAR, MYSURU -570 007
DESIGNATION: ASSISTANT ENGINEER (E)
PIN: 16443
14. SUNIL
S/O. NINGARAJU
AGED ABOUT 31 YEARS
PUSHPAGIRI NILAYA, BOOVANAHALLI KUDU
GAVENAHALLI, HASSAN - 573201
DESIGNATION: JUNIOR ENGINEER (E)
…PETITIONERS
(BY SMT. SIRI RAJASHEKAR, ADVOCATE)
AND:
1. THE STATE GOVERNMENT OF KARNATAKA
REPRESENTED BY CHIEF SECRETARY
GATE II, M.S. BUILDING
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DR. B.R.AMBEDKAR VEEDHI
BENGALURU - 560 001.
2.
DEPARTMENT OF PERSONNEL
AND ADMINISTRATIVE REFORMS
REPT. BY PRINCIPAL SECRETARY
GATE NO.2, MS BUILDING,
NEAR VIDHANA SOUDHA,
DR. B.R.AMBEDKAR VEEDHI,
SAMPANGI RAMANAGAR,
BENGALURU - 560 001.
3. DIRECTOR DEPARTMENT OF DIFFERENTLY ABLED
AND SENIOR CITIZEN DEVELOPMENT
M.S. BUILDING PARK
DR B.R. AMBEDKAR ROAD
BENGALURU - 560 001.
4. KARNATAKA POWER TRANSMISSION
CORPORATION LTD., KAVERI BHAVAN,
K.G.ROAD, BANGALORE - 560 009.
REP. BY ITS MANAGING DIRECTOR
5. BESCOM
CORPORATE OFFICE, K.R.CIRCLE,
BANGALORE - 560 009.
REPT. BY ITS MANAGING DIRECTOR
…RESPONDENTS
(BY SRI. SPOORTHY HEGDE, AGA FOR R1 TO R3;
SMT. RAKSHITHA D.J, ADVOCATE FOR R4 AND R5)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF
MANDAMUS DIRECTING RESPONDENT NOS. 3 AND 4 TO
EXTEND THE BENEFIT OF RESERVATION IN PROMOTION WITH
NOTIONAL EFFECT W.E.F. 30.06.2016 TO ALL ELIGIBLE
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PETITIONERS IN ACCORDANCE WITH THE RIGHTS OF
PERSONS WITH DISABILITIES ACT, 2016 IN VIEW OF THE
JUDGMENT OF THE HON'BLE SUPREME COURT IN SIDDARAJU
VS. STATE OF KARNATAKA AND DOPT OMS DATED.
17.05.2022, 28.12.2023 AND 09.10.2024 (ANNEXURE-A, D
AND F) AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners seeks following reliefs
a) Issue a Writ of Mandamus directing respondent
Nos.3 and 4 to extend the benefit of reservation
in promotion with notional effect w.e.f.
30.06.2016 to all eligible petitioners in
accordance with the Rights of Persons with
Disabilities Act, 2016 in view of the judgment of
the Hon'ble Supreme Court in Siddaraju vs.
State of Karnataka & DoPT OMs dated
17.05.2022, 28.12.2023 and 09.10.2024
(Annexure-A,D and F);
b) Declare that the denial of notional promotion
from 30.06.2016 is illegal, arbitrary and violative
of Articles 14,16 and 21 of the Constitution of
India, as per Annexure-G,
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c) Direct the Respondents to Identify and quantify
year-wise backlog vacancies of Persons with
Benchmark Disabilities from 30.06.2016 till date
and fill all backlog vacancies with notional effect
from 30.06.2016 and grant consequential
seniority and monetary benefits;
d) Direct the respondent to prepare and operate a
proper post-based roster in Group-B and Group-
A (Junior Scale) cadres by fixing appropriate
roster points in accordance with Section 34 of
the RPwD Act, 2016;
e) Direct the Respondents to grant all
consequential service benefits including fixation
of seniority, pay, increments and pensionary
benefits arising from such notional promotion;
and
f) Pass such other order or orders as this Hon'ble
Court may deem fit in the interest of justice and
equity".
2. After arguing the matter for sometime learned counsel
for the petitioners submits that the petition may be disposed of
by treating this present petition as a representation and also
reserving liberty in favour of the petitioners to submit a fresh
representation and with a direction to the respondents to
consider the same and take appropriate decisions/pass
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appropriate orders in accordance with law within a stipulated
time frame.
3. Submission is placed on record.
4. Petition stands disposed of directing the present
petition to be treated as a representation to the concerned
respondents who shall consider the same within a period of two
months from the date of submission of the representation and
pass appropriate orders/take appropriate decision in
accordance with law. In addition thereto, the petitioner shall
submit additional representation which shall be considered by
the concerned respondents.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
VS
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