IN THE HIGH COURT (P KA0NATAI<A AT BAALORE DATED THIS THE 8TH DAY OF JUNE 1998 BEF OR E THE HON BL MP. JUSrICE V. GC’ALA GO T ’DA WRIT PET ITT ON No.650/i9 BEThEE N: A.Doraiswamy, aged 46 years.. S/o late V.Arunachalam, Literate Assistant, Office of the Assistant xecutive Engineer, Karnataka Urban Water Supply and Drainage Board, Betharnangal a S ub Division, Kolar District. ..PETITIONER ( Sri H.S.Joi, Advocate) AND: 1 T)a Karnataka Urban taeer Supply and Drainage Board, Public Utility Building, M .G .Road, Bangalore-l, by it 5 Chairman. 2 T Managing Director, Karnataka Urban ater Supply and Drainage Board, Public Utility Building, M.G Road, Banqaiorei. 3, The Executive Engineer, Karnataka Urban atr Supply and tainage Board, D ,T.Division, Bangale.l. —2— 4. The Assistant Executive ngineer, Karnataka Urban hater ‘ply and Drainage Board, Sub—Divi sien, Bet hamangala (By Sri I.5.SrInivaan for R—l to 2-4) * k This writ Petition is filed under Articles 226 of the Constitution of India praying to direct the respozents to consider the services rerered by the petitioner in the reondent Board from 1.1.72 to 31,12.78 for the purpose of granting increments, seniority, promotion arid other benefits and to sanction the incre ments that fell, due to the petitionr from the gaid date and release the monetary benefits forthwith. This rit Petition i5 coming on for hearing thi 5 day, the Court made the following: The petitioner who is a Literate Agjtant before this Court, after lcg lapse of 9 years from the date of regularigation of his service with effect from 1—4—1983 seeking the following relief . 2. The grievance of the petitioner is that the respondents have not regularised Mq gervis taking into consideration of his past services rerered him in Urban Water 3ply and aine Board. The grievance of the petitioner is that 3— on 1—4—1970 he wag appointed Cg Literate Cooly on daily wage basis in the respondentBoard with effect from 1—4—1970. by an order dated 20th March 1972, vide AnnexureB he wa 5 brought to the monthly scale of Rs.65—95 and changed big degionsUon ag Literate Assistant—Mazdoor. He hag bei contnuous1y serving in the gaid post upto January 1973. There was one day break in service for every completed 30 days of service rendered the petitioner. Hever he had continued in the gervice, the said unfair break in rvice was continued upto 1973. Thereafter, there was no break in his ervice. 3. The resporkentg have filed the counter today stating that the firgt resDondentBoard was formed on 14—8—1975,. the petitioner was traferred to the Board from tublic Health engineering Department along with his works. It i5 also further 5tated that from January 197 the petitionerg minimum salary wag lifted and hig pay wa 5 fixed at Rg,250 in the pay scale of 250—400 ifl the revised pay scale in 1977 and further he wag allowed annual increments with effect from 1978 as per the orders of Chief —5— Chief Accounts Officer dated 13—7—1979. 4. I have perused the petition averments and the dot1flts produced by the petitioner and the counter statement filed by the respon dents. No tenable exlanation is given by the petitioner in not approaehin3 this Court within reasonable time either from the date of regula— risation of service or thereafterwordc. ‘owever, the petition hag not shown as to how he is entitled for the discretionary relief at the hands of this Cot. In view of long lapse of time for the period for which he is claiming increments and frcfl the date of regularisation ,rder 5. dowever, it is obgerve that if the petitioner i really ntitled for the increments for a period from l97l978 the Board may consider hi 3 representation to be filed within four weeks from today on par with the similarly placed employees. If he is entitled that relief ray be given by the Board after nsideration of the relevant factq without paying arrears. If the Board to the conclusion that the —0— petitioner is entitled for the increments for t period fri 19778 that benefit may be consicred only for the purpose of fixation of pay. With the above said observations, this writ petition is dismissed, but no eosts. mpk/ Bg/—02 0798