Karnataka High Court
Sri. L S Manjunath vs The State Of Karnataka on 21 August, 2018
Bench: Chief Justice, R Devdas
-1- W.P.No.34189/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF AUGUST, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE R.DEVDAS
WRIT PETITION NO.34189 OF 2018 (S-RES) PIL
BETWEEN
SRI. L.S. MANJUNATH
S/O B. SIDDAPPA,
AGED ABOUT 60 YEARS,
NO.487/2, RADHA BUILDING,
SAMPIGE ROAD, MALLESHWARAM,
BANGALORE - 560 003.
... PETITIONER
(BY SRI. S. R. SHIVA PRAKASH, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
VIDHANA SOUDHA,
VIDHANA VEEDHI,
BANGALORE-560 001,
BY ITS CHIEF SECRETARY.
2. THE STATE OF KARNATAKA
VIDHANA SOUDHA,
DEPARTMENT OF PERSONAL &
ADMINISTRATIVE REFORMS (DPAR)
VIDHANA VEEDHI,
BANGALORE-560 001.
BY ITS PRINCIPAL SECRETARY
3. THE STATE OF KARNATAKA
VIDHANA SOUDHA,
DEPARTMENT OF PERSONAL &
-2- W.P.No.34189/2018
ADMINISTRATIVE REFORMS (DPAR)
VIDHANA VEEDHI,
BANGALORE-560 001
BY ITS UNDER SECRETARY
4. MR A. N. SUBRAMANYAM
S/O A. S. NARASIMHA SHASTRI,
AGED ABOUT 43 YEARS,
R/AT KAJISONNEHALLI,
KANNAMANGALA POST,
BANGALORE EAST TALUK,
BANGALORE-560 067
5. SRI G. V. SHIVANAND
AGED ABOUT 47 YEARS,
S/O K. VEERABHADRADEVARU,
R/AT NO.707, 6TH MAIN ROAD,
VIJAYANAGAR,
BANGALORE-560 040
6. SRI JAVED AHMAD
S/O M. D. INAYUTHULLA,
AGED ABOUT 40 YEARS,
R/AT H.NO.273, 1ST CROSS,
HOSAHALLI, MANDYA-571 401
7. SRI K. S. UMESHA
S/O SIDDAIAH,
AGED ABOUT 36 YEARS,
R./AT KOPPA VILLAGE,
MADDUR TALUK,
MANDYA DISTRICT-571 425
8. SRI B. PARAMESHWARAPPA
AGED ABOUT 34 YEARS,
S/O LATE MADIVAL BANGARAPPA,
MANDAGALALE,
KANALE POST, SAGAR TALUK,
SHIMOGA DISTRICT-577 220
9. R. NAGESH
AGED 33 YEARS,
S/O RAMAKRISHNAPPA,
R/AT 728, 14TH MAIN,
1ST STAGE, KUMARASWAMY LAYOUT,
BANGALORE-560 078
-3- W.P.No.34189/2018
10. SADANANDA
MAJOR IN AGE,
WORKING AS ASSISTANT
GOVERNMENT SECRETARIAT,
VIDHANA SOUDHA,
BANGALORE-560 001
11. B. MAHESHA
AGE 34 YEARS,
S/O N. BASAVARAJ,
R/AT 1325, 50 FT. ROAD,
1ST STAGE, KUMARASWAMY LAYOUT,
BANGALORE-560 078
12. G. LAXMINARASIMHAIAH
AGED 33 YEARS,
S/O LATE GANGANNA,
R/AT NO.60/5, 3RD MAIN,
80 FT. ROAD, SARAKKI,
J. P. NAGAR-560 078
13. N. P. NANDEESHA
AGED 35 YEARS,
S/O N. K. PARAMESHWARAPPA,
R/AT NARASIPURA VILLAGE,
ARASIKERE TALUK,
HASSAN DISTRICT-573 103
14. SANGANNA
S/O BASAPPA,
AGED 39 YEARS,
NO.71, CBI ROAD, 10TH CROSS,
LAKSHMAIAH BLOCK,
GANGANAGAR,
BANGALORE-560 024
15. K. KRISHNADAS
S/O KRISHNASWAMY,
AGED 36 YEARS,
CHENNAPPA HOUSE NO.64,
4TH CROSS, 2ND MAIN,
GANGANAGAR, BANGALORE-32
16. K. BILLAYAAPPA
S/O VEERABHARAPPA,
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AGE 37 YEARS,
WORKING AS ASSISTANT
NO.1, RAVIKIRANAN BUILDING,
BANGALORE-560 078
17. A. M. NAGARAJA
AGED ABOUT 33 YEARS,
S/O MARULAPPA,
R/AT 112/3, KPWD QUARTERS,
J. B. NAGAR, BANGALORE-75
18. ULAVAPPA S. MELAVANKI
S/O SHIVARAYAPPA,
MELAVANKI,
AGED 42 YEARS,
R/AT 132, KSCB QUARTERS,
CAUVERINAGAR, LAGGERE,
BANGALORE-560 096
19. SRI UMESH C
S/O CHOLURAPPA,
AGED 37 YEARS,
R/AT 188/3,
KETHIGANAHALLI MAIN ROAD,
BIDADI, RAMANAHALLI MAIN ROAD,
BIDADI, RAMANAGARAM TALUK,
BANGALORE-562 109
20. PRABHASHANKAR
AGED 47 YEARS,
S/O APPAYYANNA,
R/O SONDEKOPPA,
BANGALORE NORTH-560 092
21. SRI N. G. PANDURANGAPPA
S/O GOVINDAPPA,
AGED ABOUT 38 YEARS,
NO.5 12TH CROSS, PUTTAIAH ROAD,
KAMAKSHIPALYA,
BANGALORE-560 079
22. M. K. SHIVARAM
S/O KALASAPPA GOWDA,
AGED 43 YEARS,
R/AT 118,
4TH BLOCK, PWD QUARTERS
-5- W.P.No.34189/2018
BTS ROAD, WILSON GARDEN,
BANGALORE-560 027
23. G. CHANDRA SHEKAR
S/O GANGA HANUMAIAH,
AGED 33 YEARS,
WORKING AS DALAYATH,
NO.591, TOWN BAZAR ROAD,
YELAHANKA OLD BAZAR ROAD,
YELAHANKA OLD TOWN,
YELAHANKA,
BANGALORE-560 064
24. M. S. GANESH
S/O SANJEEVA SHETTY,
AGED 34 YEARS,
WORKING AS JR ASSISTANT,
KAVALABYRASANDRA, R.T.NAGAR,
BANGALORE-560 032
25. S. GURUMURTHY
S/O SHIVANNA,
AGE 32 YEARS,
WORKING AS ASSISTANT, NO.1221,
9TH D MAIN ROAD,
PIPE LINE, VIJAYANAGAR,
BANGALORE-560 040
26. KEMPEGOWDA
S/O KEMPAIAH,
AGE 35 YEARS,
WORKING AS DALAYATH,
NO.2900, 14TH MAIN ROAD,
2ND STAGE, E BLOCK,
RAJAJINAGAR, BANGALORE-560 010
27. B. R. LOKESH
S/O A. RAMESH,
AGED 37 YEARS,
WORKING AS STENOGRAPHER,
C/O SMT. GOWRAMMA,
NO.5, 1ST A MAIN ROAD,
(S. KRISHNADEVARAYA ROAD,)
M.M.ROAD, BYATARAYANAPURA,
BANGALORE-560 092
-6- W.P.No.34189/2018
28. N. R. LOKESH
S/O RAMESHAPPA,
AGED 37 YEARS,
WORKING AS DALAYATH,
NO.108, 8TH CAUVERY NAGAR,
LAGGERE,
BANGALORE-560 058
29. G. MAHANTESH
S/O GURAPPA KHOLER,
AGED 34 YEARS,
WORKING AS DALAYATH,
C/O VEERAPPA TALAGERI,
NO.2, CRESENT ROAD,
CRESENT COMPOUND,
BANGALORE-560 001
30. H. M. MANJUNATH
S/O H. MALLAPPA,
AGED 37 YEARS,
WORKING AS ASSISTANT,
NO.1681, 7TH MAIN ROAD,
E BLOCK, RAJAJINAGAR
2ND STAGE,
BENGLAURU-560 010
31. L. NAGESH
S/O LONGAPPA,
AGED ABOUT 37 YEARS,
NO.10, WORKING AS ASSISTANT,
1ST CROSS, 1ST MAIN ROAD,
BYATARAYANAPURA,
MYSORE ROAD,
BANGALORE-560 096
32. K. RAJU
S/O KENCHAPPA,
AGE 37 YEARS,
WORKING AS DALAYATH,
NO.46-22 (17) 1ST MAIN ROAD,
2ND BLOCK,8TH CROSS,
NANDI EXTENSION,
BANGALORE-560 032
-7- W.P.No.34189/2018
33. V. RAMDAS
S/O VENKATARAO, NO.407,
AGED 37 YEARS,
WORKING AS ASSISTANT
1ST B. ROAD, 8TH A MAIN ROAD,
4TH DIVISION, 3RD STAGE,
BASAVESHWARANAGAR,
BANGALORE-560 079
34. K. N. SATHYAMURTHY
S/O K. V. NARAYANA ,
AGED 37 YEARS,
WORKING AS JUNIOR ASSISTANT,
NO.369, 1ST FLOOR, 8TH MAIN ROAD,
2ND CROSS, BANASHANKARI 3RD STAGE,
BANGALORE-560 050
35. S. SHIVASHANKAR
S/O L. C. SHIVANNA,
AGED 37 YEARS,
WORKING AS ASSISTANT,
NO.4, 2ND MAIN ROAD, MM. ROAD,
BYATARAYANAPURA, MYSORE ROAD,
BANGALORE-560 096
36. SRIDHARA
S/O BABU MADIWALA,
AGED 33 YEARS,
WORKING DALAYAT,
NO.3355, 1ST MAIN ROAD,
5TH CROSS,
GAYATHRINAGAR,
BANGALORE-560 021
37. M. SUNIL KUMAR
S/O A. K. MANI,
AGED 40 YEARS,
WORKING AS DALAYAT,
NO.117, 40 FT ROAD,
MANJUNATHANAGAR,
WEST OF CHORD ROAD,
RAJAJINAGAR,
BANGALORE-560 010
38. C. R. VEDANTHA SHARMA
S/O M. A RAJAGOPAL,
-8- W.P.No.34189/2018
AGE 42 YEARS,
NO.455, WORKING AS STENOGRAPHER,
3RD CMN ROAD, 2ND PHASE,
MANJUNATH NAGAR, RAJAJINAGAR,
BANGALORE-560 010
39. M. N. VEERUPAKSHACHARI
S/O NAGANNACHAR,
NO.18,
AGE 39 YEARS,
WORKING AS DALAYATH,
15TH MAIN ROAD,
3RD DEVASTHANA VEEDHI,
MALLESHWARAM,
BENGALURU-560 003
40. VYRAMUDI
S/O DASEGOWDA,
NO.50, 20TH MAIN ROAD,
AGED 39 YEARS,
WORKING AS DALAYATH,
AREHALLI, AGS LAYOUT,
UTTARAHALLI HOBLI,
BANGALORE-560 063
41. SRI NAGAPPA N.
S/O LATE BANDI KANNAPPA,
AGE 38 YEARS,
WORKING AS STENOGRAPHER,
KELADIPURA VASI, BELUR (POST)
SAGAR TALUK, SHIVAMOGA-577 401
42. SMT N. SARASWATHI
W/O LATE NARYANA S.R.R.
AGED 38 YEARS,
WORKING AS STENOGRAPHER,
MILKERI TITTHAHALLI POST AND TALUK,
SHIMOGA DISTRICT-577 401
43. H. R. RAVISHANKAR
S/O RANGAIAH,
HOSAHALI POST,
AGED 40 YEARS,
WORKING AS DALAYATH,
GUBBI TALUK,
TUMKUR DISTRICT-572 112
-9- W.P.No.34189/2018
44. UMADEVI K
D/O LATE DATTATREYA KULKARNI,
C/O DR. SHANBHAGH (RAVI)
AGED 41 YEARS,
BELAVANTANA KOPPA,
POST SHIRALAOPPA,
SHIMOGA DISTRICT-577 428
45. N. GOPINATH
S/O NANJAPPA,
AGE 48 YEARS,
R/AT 8/1,CIT QUARTERS,
JABBAR BLOCK, VYALIKAVAL,
4TH MAIN, BANGALORE-560 003
46. ADAVAIAH BASAIAH MUGANUR
S/O BASAIAH,
AGED 40 YEARS,
WORKING AS ASSISTANT,
NO.24, 4TH MAIN ROAD,
4TH MAIN CROSS,
GANGANAGAR,
BANGALORE-560 032
... RESPONDENTS
(SRI. D. NAGARAJ, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO STRIKE
DOWN THE IMPUGNED ANNEXURE-A DATED 7.4.2005
PUBLISHED ON 7.4.2005 IN PART IV A NO. IN KARNATAKA
GAZETTE ISSUED BY UNDERSECRETARY TO THE
GOVERNMENT, DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS (SERVICE RULES 2) AS
UNCONSTITUTIONAL AND ILLEGAL AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, R.DEVDAS J., MADE THE FOLLOWING:
- 10 - W.P.No.34189/2018
ORDER
The petitioner, a practicing Advocate has filed this petition invoking PIL jurisdiction of this Court to strike down Absorption Rules of the year 2005 and consequently seeks a declaration that 28 persons absorbed in the year 2005 and the proposed selection list of 16 persons under the Absorption Rules is illegal and opposed to public policy.
Apparently, the Karnataka Civil Services (Absorption of Contract Group C and D Employees in the Karnataka Government Secretariat Services) (Special) Rules, 2005 (hereinafter referred to as 'the Rules') were notified and Gazetted on 07.04.2005. The petitioner has stated that 28 contract employees were absorbed under the Rules, in the year 2005. The immediate provocation seems to be that by issuing a Notification dated 29.06.2018, the State Government has proposed to absorb 16 contract employees by amending the Rules as "Amendment Rules, 2018".
Since the petition is filed by a practicing Advocate, unconnected with the services, certain questions were posed to the learned counsel representing the petitioner. The questions were: What was the intention of the petitioner in - 11 - W.P.No.34189/2018 assailing the Rules and the appointments that were made about 13 years ago? Are these the only Absorption Rules made by the State Government? Has the petitioner made any research as to how many such Rules were framed and how many persons absorbed? Why the petitioner has chosen to question only the Rules pertaining to the Karnataka Government Secretariat Services and not any other similar Rules?
The learned counsel for the petitioner had no categorical answer to the pointed queries of the Court.
Public Interest Litigation in service matters cannot be entertained. The Hon'ble Apex Court has authoritatively settled this proposition in any number of cases. Their Lordships have deprecated the practice of PILs in service matters and have expressed concern that PILs continue to be filed unabated and observed that the High Courts should throw out such petitions in view of decision in Dr.Duryodhan Sahu Vs. Jitendra Kumar Mishra, reported in (1998) 7 SCC
273. In Girjesh Shrivastava and others Vs. State of Madhya Pradesh and others, reported in (2010) 10 SCC - 12 - W.P.No.34189/2018 707, their Lordships took note of the fact that a PIL was filed questioning a select advertisement, while not questioning the other advertisement inviting applications for selection, to impute an element of personal interest on the part of the petitioner. It is in the light of these observations that this Court posed a question to the petitioner herein as to why only the impugned Rules are questioned. The petitioner ought to be aware of similar Absorption Rules framed by the State Government, but chooses not to question those Rules. The petitioner appears to have been propped up by other interested persons.
In the case of State of Uttaranchal Vs. Balwanth Singh Chaufal and others, reported in (2010) 3 SCC 402, their Lordships held that a degree of precision and purity in presentation is sine qua non for a petition filed by a member of the Bar under the label of public interest litigation. It is expected from the member of a Bar to at least carry out the basic research before presenting a petition. The Lawyer who files such a petition cannot plead ignorance.
Though, initially, we were of the opinion that this petition should be dismissed with costs, but we refrain from - 13 - W.P.No.34189/2018 doing so in the facts and circumstances of this case. If any aspirant is aggrieved, he or she may approach the competent forum in accordance with law.
This writ petition stands dismissed with the above observations.
SD/-
CHIEF JUSTICE SD/-
JUDGE DL