Karnataka High Court
R T Pushpa vs State Of Karnataka on 13 October, 2020
Author: P.B.Bajanthri
Bench: P.B.Bajanthri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE P.B.BAJANTHRI
WRIT PETITION No.2021/2015 (S-RES)
BETWEEN
R T PUSHPA
AGED ABOUT 43 YEARS,
W/O LATE H.N. SIDDAPPA
I CROSS, ONAKE OBAVVA
STADIUM ROAD,
CHITRADURGA-577501.
...PETITIONER
(BY SRI VINAYA KEERTHY M, ADV.)
AND
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF EDUCATION
VIKASA SOUDHA,
VIDHANA VEEDHI,
BENGALORU-560 001.
2. COMMISSIONER
DEPT. OF PUBLIC INSTRUCTION
NRUPATHUNGA ROAD,
BENGALOORU-560 001.
3. DEPUTY DIRECTOR
DEPT. OF PUBLIC INSTRUCTION
DAVANAGERE DIST.,
DAVANAGERE-577002.
2
4. BLOCK EDUCATION OFFICER
DAVANAGERE DIST.,
DAVANAGERE-577002.
...RESPONDENTS
(BY SRI B V KRISHNA, AGA FOR R1 TO R-4.)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO CONSIDER THE REPRESENTATION
DTD.12.11.2014 [ANNEX-E] SUBMITTED BY THE
PETITIONER, AND PROVIDE HER WITH A JOB ON
COMPASSIONATE GROUNDS.
THIS WP COMING ON FOR "PRELIMINARY HEARING
'B' GROUP" THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
In the instant petition, the petitioner has prayed for the following reliefs:-
" (a) Issue a writ of mandamus directing the Respondents to consider the representation Dt. 12.11.2014 (Annexure-E) submitted by the Petitioner, and provide her with a job on compassionate grounds;"
The undisputed facts are that the deceased employee was a Government servant in the Education Department. The petitioner's grievance is with regard to providing compassionate appointment on account of death of her 3 husband who was a Government servant. Consequently, she has a remedy before the State Administrative Tribunal. Accordingly, the present petition is required to be transferred to the jurisdictional Karnataka State Administrative Tribunal.
2. On perusal of the records, it is evident that the petitioner is a Government servant and hence the present petition is not maintainable. Accordingly, the writ petition stands transferred to the State Administrative Tribunal in view of the decision in the case of Mr. M.S.SUBBE GOWDA vs. THE PRINCIPAL SECRETARY, STATE OF KARNATAKA (Writ Petition No.4090/2012 D.D. 07-01-2015) read with the decision in the case of B.SURESH vs. STATE OF KARNATAKA AND OTHERS reported in 2002(5)Kar.L.J.202(DB). Extract of para Nos.8 & 9 are reproduced hereunder:-
"8. We are fortified in this view by decision in Piar Chand v. Himachal Pradesh Public Service Commission, where a Division Bench of the Himachal Pradesh High Court considered an identical question and held that service 4 under the Public Service Commission is a 'Civil Service' of the State and members of its staff are holding Civil Posts under the State. The following observations are relevant:--
"The State, referred to in Article 323-A and Section 15 of the Administrative Tribunals Act cannot be equated with the Government; the Government being only a limb of the State. It is true that the Public Service Commission is an independent body established under Article 315 of the Constitution.... The functions of the Public Service Commission are enumerated in Article 320 of the Constitution. The Public Service Commission though independent of the Government is also an organ of the State Machinery and service under the State Public Service Commission is part of the Civil Service of the State".
9. We therefore, direct that these two petitions be transferred to the Karnataka Administrative Tribunal for disposal in accordance with law."
3. For the foregoing reasons, the Registry is hereby directed to transmit the writ papers to the Karnataka State Administrative Tribunal. The Karnataka State 5 Administrative Tribunal is requested to decide the matter while re-numbering it within a period of three months from the date of receipt of a copy of this order.
The writ petition stands disposed off.
Sd/-
JUDGE Rsk/-
CT-HR