Karnataka High Court
Ramappa Hatti vs Union Of India on 29 November, 2019
Equivalent citations: AIRONLINE 2019 KAR 2106
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2019
PRESENT
THE HON'BLE MR. JUSTICE S.N.SATYANARAYANA
AND
THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.50238/2019 [S-CAT]
BETWEEN:
RAMAPPA HATTI
S/O IRAPPA HATTI
AGED ABOUT 59 YEARS
NOW POSTED AS ASSISTANT COMMISSIONER
REPORTED TO THE D.P.A.R SERVICES II,
VIDHANA SOUDHA
BENGALURU
AND RESIDING AT C-4
"SUBBHIKSHA DEFODIL",
NO.25, RUSTUM BAUG LAY OUT,
BENGALURU- 560 017. ...PETITIONER
(BY SRI NARAYANA BHAT.N, ADVOCATE)
AND :
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
DEPT. OF PERSONNEL & TRAINING,
MINISTRY OF PERSONALITY, PUBLIC
GRIEVANCE AND PENSION,
NORTH BLOCK,
NEW DELHI-110 001
2
2. STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA,
BENGALURU - 560 001.
3. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPT. OF PERSONNEL AND
ADMINISTRATIVE REFORMS,
VIDHANA SOUDHA,
BENGALURU - 560 001
4. KARNATAKA PUBLIC SERVICE
COMMISSION
REP. BY ITS SECRETARY
UDYOG SADAN
BENGALURU - 560 001
5. UNION PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY
DHOLPUR HOUSE,
NEW DELHI - 110 069
6. H.BASAVARAJENDRA, IAS
S/O B.HONNAPPA
AGED ABOUT 52 YEARS
PRESENTLY WORKING AS CEO
ZILLA PANCHAYATH,
DAVANAGERE - 577 001
7. SHIVANANDA KAPASHI, IAS
S/O BHIMAPA KAPASHI
AGED ABOUT 51 YEARS
WORKING AS REGISTRAR
RAJIV GANDHI UNIVERSITY OF HEALTH
SCIENCES, BENGALURU
AND
RESIDING AT NO.12,
SHIVAKRUPA, GROUND FLOOR
8TH MAIN, 1ST CROSS, GANESH BLOCK
3
MAHALAKSHMI LAYOUT
BENGALURU - 560 086
8. KAVITHA S MANNIKERI, IAS
D/O S.K.MANNIKERI,
AGED ABOUT 46 YEARS
WORKING AS CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYATH
YADGIR
GULBARGA DISTRICT - 585 201
9. H.N.GOPALAKRISHNA , IAS
S/O LATE NARAYANA GOWDA
AGED ABOUT 46 YEARS
WORKING AS MANAGING DIRECTOR
CESE, MYSURU & DIRECTOR
ADMINISTRATION AND HUMAN RESOURCES
KPTCL, BENGALURU
AND RESIDING AT NO.253, GIRINIVAS
15TH 'D' CROSS,
MAHALAKSHMIPURAM
BENGALURU - 560 086
10. G.C.VRUSHABHENDRA MURTHY, IAS
S/O LATE G.N.CHANDRASHEKARAIAH
AGED ABOUT 59 YEARS
PRESENTLY WORKING AS DIRECTOR
MSME, DEPARTMENT OF INDUSTRIES AND
COMMERCE,
KANIJA BHAVAN, BENGALURU
AND
RESIDING AT NO.6/8, NAMMA MANE,
1ST MAIN ROAD, KONENA AGRAHARA,
HAL, BENGALURU - 560 017
11. KAREE GOWDA, IAS
S/O SIDDE GOWDA
AGED ABOUT 48 YEARS
WORKING AS DEPUTY COMMISSIONER
4
BENGALURU RURAL DISTRICT
BENGALURU - 560 001
AND
RESIDING AT NO.1144, 64TH CROSS
18TH 'B' MAIN, BEHIND NATIONAL
PUBLIC SCHOOL
RAJAJINAGAR
BENGALURU - 560 010
12. P.VASANTHA KUMAR, IAS
S/O LATE PUTTAMADAIAH
AGED ABOUT 46 YEARS
WORKING AS COMMISSIONER
BACKWARD CLASSES WELFARE DEPARTMENT
DEVRAJ URS BHAVAN,
VASANTH NAGAR
BENGALURU - 560 001
13. N.SHIVASHANKARA, IAS
S/O LATE NINGE GOWDA
AGED ABOUT 47 YEARS
EARLIER WORKING AS
CHIEF EXECUTIVE OFFICER
KARNATAKA INDUSTRIAL AREAS,
DEVELOPMENT BOARD,
KANIJA BHAVAN
(NOW AWAITING POSTING
AFTER TRANSFER)
RACE COURSE ROAD,
BENGALURU - 560 001
14. MEENA NAGARAJ, IAS
W/O ARJUNA REDDY
AGED ABOUT 45 YEARS
WORKING AS DIRECTOR OF TREASURIES
V.V.TOWER, DR.AMBEDKAR VEEDHI
BENGALURU- 560 001
15. R.S.PEDDAPPAIAH
S/O SANJEEVARAYAPPA
5
AGED ABOUT 57 YEARS
WORKING AS COMMISSIONER
SOCIAL WELFARE DEPARTMENT
M.S.BUILDING
BENGALURU - 560 001
16. AKRAMPASHA, IAS
S/O LATE SRI NANNE JAN
AGED ABOUT 49 YEARS
EARLIER WORKING
AS DEPUTY COMMISSIONER
HASSAN DISTRICT
HASSAN - 573 201
17. SRI VEERABHADRA HANCHINAL
NOW WAITING FOR POSTING ORDERS
C/O PRINCIPAL SECRETARY
DPAR, VIDHANA SOUDHA
BENGALURU - 560 001
18. SMT.YASMIN BEGUM WALIKAR
JOINT COMMISSIONER OF
COMMERCIAL TAXES (LEGAL)
DHARWAD - 580 001
19. SMT.SUSHILAMMA N
NOW WAITING FOR POSTING ORDERS
C/O PRINCIPAL SECRETARY
DPAR, VIDHANA SOUDHA
BENGALURU - 560 001
20. SRI PRAVEEN P. BAGEWADI
NOW WAITING FOR POSTING ORDERS
C/O PRINCIPAL SECRETARY
DPAR, VIDHAN SOUDHA
BENGALURU - 560 001
21. SMT.SEEMA NAIK.B
DEPUTY COMMISSIONER OF
COMMERCIAL TAXES (AUDIT)
6
DGSTO 4,
KORAMANGALA
BENGALURU - 560 068
22. SRI SHIVAKUMAR H.R
NOW WAITING FOR POSTING ORDERS
C/O PRINCIPAL SECRETARY
DPAR, VIDHANA SOUDHA
BENGALURU - 560 001
23. SMT.B.V.ROOPASHRI
JOINT CONTROLLER OF STATE ACCOUNTS
KRRDA, III FLOOR
GRAMEENA ABHIVRIDHI BHAVANA
BENGALURU - 560 009
24. SRI MANJUNATHSWAMY G.N
NOW WAITING FOR POSTING ORDERS
C/O PRINCIPAL SECRETARY
DPAR, VIDHANA SOUDHA
BENGALURU - 560 001 ...RESPONDENTS
(BY SRI G.D.SRINIVAS, ADVOCATE FOR R1,
SMT.SHILPA S GOGI, HCGP FOR R2 & R3,
SRI K.M.PRAKASH, ADVOCATE FOR R4
SRI RAJKUMAR, ADVOCATE FOR R5
VIDE ORDER DATED 25.10.2019, NOTICE TO
R-17 TO R-24 IS DISPENSED WITH
R9 & R24 SERVED AND UNREPRESENTED
SRI M.S.BHAGWAT, ADVOCATE FOR R15,
SRI A.S.PONNANNA, SENIOR COUNSEL FOR
PUTTEGOWDA, ADVOCATE FOR R13 & R16)
THIS PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT, PROHIBIT/RESTRAIN THE HON'BLE CENTRAL
ADMINISTRATIVE TRIBUNAL FROM PROCEEDING WITH
THE ORIGINAL APPLICATIONS PENDING ON ITS FILES IN
NUMBERS PRODUCED AT ANNEXURE-A1 TO A11 AS THE
HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL HAS NO
7
JURISDICTION U/S 14 OF THE ADMINISTRATIVE
TRIBUNALS ACT 1985 AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
SATYANARAYANA J., MADE THE FOLLOWING:
ORDER
The petitioner herein is challenging the authority of the Central Administrative Tribunal, Bengaluru Bench ['CAT', for short] to decide the proceedings pending in OA Nos.170/437 to 441 and 448-449, 961- 964 of 2019 on the file of the CAT. The copies of the said applications are Annexures-A1 to A11 before this Court.
2. The grievance of the petitioner herein is that the Respondent Nos. 6 to 16 whose appointment to the post of KAS Officers, Junior Grade, Group-A, being subject matter of challenge before this Court in W.P. No.27674/2012 and connected matters, having suffered an adverse order on 21.06.2016, are trying to pursue their personal right in the said applications pursuant to 8 certain rights reserved to them by Co-ordinate Bench of this Court in the aforesaid batch of writ petitions disposed of by order dated 21.06.2016 wherein the relevant portion of the order relied upon by them to approach the Central Administrative Tribunal is as under:
"6. All other issues/disputes which are personal in character are relegated to be decided by the Karnataka Administrative Tribunal, where the applications of the petitioners are pending consideration. It is open to the petitioners to amend the said application to include those issues which are not decided in this Public Interest Litigation. Similarly, it is open to the respondents to agitate their rights/put forth their defence in the pending proceedings before the Karnataka Administrative Tribunal, if they are made parties. Otherwise, they can also initiate independent proceedings for protecting their rights or agitate their rights."9
3. It is further contended that while filing the said applications, the Respondent Nos. 6 to 16 have deliberately left out the petitioner herein to secure an order behind his back suppressing his seniority. It is his further grievance that pursuant to order of Co- ordinate Bench of this Court dated 21.06.2016 in the earlier round of litigation, the right to expose their personal grievance is only before the KAT and not CAT. It is in this background, this writ petition is filed.
4. In this writ petition, some of the respondents who are applicants before the CAT are served and notice is yet to be served in respect of some other applicants therein. When this matter came up before this Court to consider issuance of notice to other respondents, this Court felt that the present writ petition is premature in nature. At the first instance, the CAT ought to have decided whether it has jurisdiction to decide the applications filed by Respondent Nos. 6 to 16 in view of 10 the fact that the liberty reserved to them was in approaching the KAT and not CAT. When that being the case, the CAT ought not to have considered their applications for maintainability. The same should not have been taken up on merits.
5. In this background, this Court is of the considered opinion that at the first instance, the CAT instead of passing one line order that it has right to hear the said applications, shall have to look into the order of the Co-ordinate Bench of this Court dated 21.06.2016 and thereafter shall pass appropriate order regarding maintainability of the applications before the CAT. The same shall be done on or before 10.12.2019. Till such time, there shall not be further deliberations with reference to merits of the case. Interim order granted by the CAT shall be in operation until the maintainability of the applications is decided. While considering the maintainability, the CAT shall also hear 11 and dispose of the applications pending for vacation of the interim order.
With such observations, this writ petition is disposed of.
Sd/-
JUDGE Sd/-
JUDGE AN/-