Shri S C Ravi Kumar vs The State Of Karnataka on 3 July, 2012

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Karnataka High Court

Shri S C Ravi Kumar vs The State Of Karnataka on 3 July, 2012

Bench: H.N. Nagamohan Das

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          IN THE HIGH COURT OF KARNATAKA AT BANGALORE

                 DATED THIS THE 3RD DAY OF JULY, 2012

                               BEFORE

          THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS

            WRIT PETITION No. 35922/2009 (S-RES)

BETWEEN :
--------------

Shri S C RAVI KUMAR
S/O LATE S.CHAMARAJ
AGED : 42 YEARS
No.15/11, SOMANA LAYOUT,
B RACHAIAH DOUBLE ROAD,
CHAMARAJANAGAR
DIST:CHAMARAJANAGAR.                      ... PETITIONER

(By Sri.KIRAN KUMAR, ADV.,
    Sri L.CHANDRASHEKAR, ADV.)

AND :
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1. THE STATE OF KARNATAKA
   DEPARTMENT OF HEALTH
   AND FAMILY WELFARE
   VIDHANA VIDHI,
   BANGALORE.
   R/BY ITS SECRETARY.
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2. THE PROJECT DIRECTOR
   KARNATAKA, AIDS
   PREVENTION SOCIETY,
   No.4/B-1, CRESCENT ROAD,
   HIGH GROUNDS
   BANGALORE-01.

3. WELFARE OFFICER
   OFFICE OF THE HEALTH AND
   FAMILY WELFARE
   CHAMARAJANAGAR,
   DIST:CHAMARAJANAGAR.

4. AMBIKA
   D/O LATE SIDDAPPA
   POST BEDARAPURA HEGOTAR
   CHAMARAJANAGAR,
   DIST:CHAMARAJANAGAR.             ... RESPONDENTS

(By Smt MANJULA R.KAMADALLI, HCGP FOR R1TO 3
    Sri OMKARESHA, ADV.,FOR R4 )

                              ---

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA WITH A
PRAYER TO QUASH THE ORDER DATED 05.06.2009 ISSUED
BY THE R3 AT ANNEXURE-A.

     THIS WRIT PETITION COMING ON FOR HEARING
THIS DAY, THE COURT PASSED THE FOLLOWING;
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                               ORDER

In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash Annexure A dated 05.06.2009 appointing respondent No. 4 as M and E Assistant. Further, for a writ of mandamus to direct respondent Nos. 1 to 3 to select him as M and E Assistant as per the notification dated 29.05.2008 - Annexure B.

2. The impugned order Annexure A specifies that respondent No. 4 was appointed for a period of 1 year and the same expired on 04.06.2010. Learned counsel for the respondent No. 4 submits that after the expiry of one year period respondent No.4 is now discontinued. In the circumstances the first prayer in the writ petition do not survive for consideration.

3. The second prayer in the writ petition is to direct the respondents to select the petitioner as M and E Assistant in terms of 4 the notification dated 29.05.2008 - Annexure B. Again Annexure B was only with regard to appointment of temporary employees for a period of 1 year. Therefore the question of directing the respondents to appoint the petitioner in terms of Annexure B do not survive for consideration. Accordingly, the writ petition is hereby dismissed.

Sd/-

JUDGE.

LRS.

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