Karnataka High Court
State Of Karnataka vs Sri.Marulasiddaiah A.M on 4 June, 2018
Bench: Raghvendra S.Chauhan, H T Narendra Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF JUNE 2018
PRESENT
THE HON'BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN
AND
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
WRIT PETITION No.10284/2017 (S-KAT)
AND
WRIT PETITION Nos.12696-12705/2017
BETWEEN :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVT.,
FINANCE DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVT.,
REVENUE DEPARTMENT,
M. S. BUILDING,
BENGALURU - 560 001.
3. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVT.,
EDUCATION DEPARTMENT,
(PRIMARY & SECONDARY EDUCATION)
M. S. BUILDINGS,
BENGALURU - 560 001.
4. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
TO GOVT., PUBLIC WORKS, PORTS &
INLAND WATER TRANSPORT DEPARTMENT,
VIKASA SOUDHA,
2
BENGALURU - 560 001.
5. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
TO GOVT., HEALTH & FAMILY WELFARE
SERVICES DEPARTMENT,
VIKASA SOUDHA,
BENGALURU - 560 001.
6. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
TO GOVT., WATER RESOURCES DEPARTMENT,
VIKASA SOUDHA,
BENGALURU - 560 001.
7. THE COMMISSIONER OF PUBLIC INSTRUCTIONS
NEW PUBLIC OFFICES,
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
8. THE COMMISSIONER OF HEALTH
AND FAMILY WELFARE SERVICES,
ANAND RAO CIRCLE,
BENGALURU - 560 009.
9. THE COMMISSIONER OF COMMERCIAL TAXES
K. G. ROAD, GANDHINAGAR,
BENGALURU - 560 009.
10. THE DEPUTY COMMISSIONER
MYSURU DISTRICT,
MYSURU - 570 001.
11. THE CHIEF ENGINEER
MINOR IRRIGATION (SOUTH),
K. R. CIRCLE,
BENGALURU - 560 001.
12. THE CHIEF ENGINEER
COMMUNICATION & BUILDINGS,
(NORTH), DHARWAD - 580 001.
13. THE ASSISTANT EXECUTIVE
ENGINEER, PUBLIC WORKS, PORTS &
3
INLAND WATER TRANSPORT
SUB DIVISION, KUDILIGI,
BELLARY DISTRICT - 583 135.
14. THE ASSISTANT EXECUTIVE ENGINEER
PUBLIC WORKS, PORTS & INLAND WATER TRANSPORT,
QUALITY CONTROL SUB DIVISION,
BELLARY - 583 101.
15. THE ASSISTANT EXECUTIVE ENGINEER
MINOR IRRIGATION SUB DIVISION,
5TH FLOOR, JAYANAGAR SHOPPING COMPLEX,
BENGALURU - 560 011.
16. THE ASSISTANT EXECUTIVE ENGINEER
PUBLIC WORKS, PORTS & INLAND WATER TRANSPORT
SUB DIVISION NO.1,
DHARWAD - 580 001.
17. THE HEAD MASTER
GOVERNMENT HIGH SCHOOL,
CHANDRASHEKARPURA,
KUDLIGI TALUK,
BELLARY DISTRICT-583 135.
18. THE HEAD MASTER
GOVERNMENT HIGH SCHOOL,
GURUSIDDAPUR,
JAGALUR TALUK,
DAVANGERE DISTRICT-577 528.
19. THE DEPUTY COMMISSIONER
OF COMMERCIAL TAXES,
(AUDIT-1),
VIJAYAPURA-586 101.
20. THE MEDICAL OFFICER
PRIMARY HEALTH CENTRE,
BELAKAVADI,
MALAVALLI TALUK,
MANDYA DISTRICT-571 417
21. THE CHIEF MEDICAL OFFICER
TALUK GENERAL HOSPITAL
4
JAGALUR,
DAVANGERE DISTRICT-577 528.
22. THE TAHSILDAR
TALUK OFFICE,
K. R. NAGAR,
MYSURU DISTRICT-571 602. ... PETITIONERS
(BY SMT. ANITHA N. HCGP)
AND:
1. SRI MARULASIDDAIAH A. M
S/O. SANNAGURUSIDDAIAH,
AGED ABOUT 64 YEARS,
RETIRED GROUP -D,
O/O THE HEAD MASTER,
GOVT. HIGH SCHOOL,
CHANDRASHIEARAPURA,
KUDLIGI TALUK, BELLARY DIST.,
R/AT AMMANAKERI VILLAGE,
KAKKUPI POST, KUDLIGI TALUK,
BELLARY DISTRICT-583 101.
2. SRI VISHWANATHAIAH Y. M.
S/O. KOTRAIAH,
AGEDA ABOUT 63 YEARS,
RETIRED COOK,
O/O THE ASSISTANT EXECUTIVE ENGINEER,
PUBLIC WORKS PORTS AND
INLAND WATER TRANSPORT
SUB DIVISION, KUDLIGI,
BELLARY DISTRICT,
R/AT CHIKKABANTANAHALLI,
SOKKE POST, JAGALUR TALUK,
DAVANGERE DISTRICT-583 101.
3. SRI HANUMESH RAO C. K.
S/O. RAMACHANDRA RAO,
AGED ABOUT 65 YEARS,
RETIRED ASSISTANT ENGINEER,
O/O. THE ASSISTANT EXECUTIVE ENGINEER,
PUBLIC WORKS, PORTS AND
INLAND WATER TRANSPORT
5
QUALITY CONTROL SUB DIVISION,
BELLARY, R/AT GYATHRINAGAR,
NEAR BHARATGAS GODOWN,
SIRAGUPPA ROAD,
BELLARY-583 101.
4. SRI GIRIDHAR SINGH
S/O. GOPAL SINGH,
AGED ABOUT 63 YEARS,
RETIRED SECOND DIVISION ASSISTANT,
O/O. THE ASSISTANT EXECUTIVE ENGINEER,
MINOR IRRIGATION SUB DIVISION,
JAYANAGAR SHOPPING COMPLEX,
5TH FLOOR, JAYANAGAR,
BEANGALURU, R/AT: JAYABHARATI NILAYA,
NO.1487, 18TH CROSS, 14TH MAIN,
KUMARASWAMY LAYOUT, 1ST STAGE,
BENGALURU-560 078.
5. SMT. JAYALAKSHMI S. V.
W/O. RAMP IYER,
AGED ABOUT 63 YEARS,
RETIRED SECOND DIVISION ASSISTANT,
O/O. THE CHIEF ENGINEER,
MINOR IRRIGATION (SOUTH),
K. R. CIRCLE, BENGALURU,
R/AT: NO. 235, 12TH 'A' MAIN,
6TH BLOCK, RAJAJINAGAR,
BENGALURU-560 010.
6. SRI PUTTAMADAIAH
S/O. CHIKKAIAH,
AGED ABOUT 65 YEARS,
RETIRED GROUP-D,
O/O. THE MEDICAL OFFICER,
PRIMARY HEALTH CENTRE,
BELAKAVADI-571 417,
MALAVALLI TALUK, MANDYA DISTRICT,
R/AT KODAGHALLI,
MALAVALLI TALUK,
MANDYA DISTRICT.
7. SRI RAMZAN BEVANOOR
S/O. MEHBOOB SEVANOOR,
6
AGED ABOUT 61 YEARS,
RETIRED PEON,
O/O. THE DEPUTY COMMISSIONER OF
COMMERCIAL TAXES (AUDIT-1),
VIJAYAPURA, R/AT: KHAJI AMIN
DARGAH, BEHIND KANNADA SCHOOL,
NO.48, BENKKISABDODDI, JAIL ROAD,
VIJAYAPURA.
8. SRI MUKTUMSAHEB I. MULLA
S/O. IMAMSAB,
AGED ABOUT 61 YEARS,
RETIRED SECOND DIVISION ASSISTANT,
O/O. THE ASSISTANT EXECUTIVE ENGINEER,
PWD PORTS & INLAND WATER, TRANSPORT,
SUB DIVN. NO. 1, DHARWAD, R/AT: CO. A. H. NADAF, O
CONTRACTOR, DENABANK COLONY,
NEAR QUBA MASJID,
DHARWAD.
9. SMT. SHARADAMMA
W/O. P. R. VEMAREDDY,
AGED ABOUT 61 YEARS,
RETIRED FIRST DIVISION ASSISTANT,
O/O THE CHIEF MEDICAL OFFICER,
TALUK GENERAL HOSPITAL, JAGALUR,
DAVANGERE DIST.,
R/AT: J D LAYOUT, WARD NO.14,
JAGALUR, DAVANGERE DISTRICT.
10. SRI BASAPPA
S/O. G. RAMAPPA,
AGED ABOUT 66 YEARS,
RETIRED GROUP-D,
O/O. THE HEAD MASTER,
GOVERNMENT HIGH SCHOOL,
GURUSIDDAPUR,
JAGALUR TALUK,
DAVANGERE DIST,
R/AT: BISTHUVALLI POST,
JAGALUR TALUK,
DAVANGERE DISTRICT.
7
11. SRI BHOJARAJ D. T.
S/O. TEJUREGOWDA,
AGED ABOUT 61 YEARS,
RETIRED FIRST DIVISION ASST.,
O/O. THE TAHSILDAR,
TALUK OFFICER,
K. R. NAGAR, MYSURU DISTRICT,
R/AT: DODDAKOPPALU,
HALEYUR POST,
CHUNCHANAKATTE HOBLI,
K. R. NAGAR, MYSURU DISTRICT. ... RESPONDENTS
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH ORDER DATED 29.04.2016 PASSED IN APPLICATION
NOS.3521-3531/2016 OF THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL, BENGALURU AT ANNEXURE-A
AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, RAGHVENDRA S. CHAUHAN J, MADE THE
FOLLOWING :
ORDER
The State of Karnataka has challenged the legality of the order dated 29.04.2016, passed by the Karnataka State Administrative Tribunal at Bangalore ("the Tribunal", for short), whereby the learned Tribunal has merely directed the respondent-State to consider the representations submitted by the applicants, strictly in accordance with law.
2. Briefly the facts of the case are that the applicants- respondents had filed an application before the learned 8 Tribunal, wherein they had pleaded that they were initially appointed on daily wages, but were subsequently absorbed on regular wages. Relying on earlier decisions of the Tribunal, the applicants had sought directions to the respondent-State to extend the benefit of Rule 247-A of the Karnataka Civil Service Rules ("the Rules", for short). After hearing both the parties, the learned Tribunal has merely directed the petitioners to consider the representation filed by the applicants, in accordance with law. Hence, this petition by the State.
3. This Court is of the firm opinion that an innocuous order has been passed by the learned Tribunal, which was merely to consider the application filed by the applicants. And yet the State has presently chosen to file the present writ petition. The said order was certainly not against the interest of the State. For, the State was merely directed to consider the representation and to decide it one way, or the other. But, instead of complying with the directions issued by the Tribunal, the representations are still pending, according to the learned counsel for the State. 9
It is, indeed, a sorry state of affairs that despite the lapse of two years the representations filed by the applicants are still pending before the State. Although, the learned counsel for the State has tried to justify the laxity on the part of the State on the ground that certain directions were issued with regard to Rule 247-A of the Rules, but the said stand is merely an excuse. Once the directions were issued to the State, the State was legally bound to consider the representation and decide the same. But, for reasons best-known to the State, the State continues to keep the applications in an animated suspension.
4. Since an innocuous order has been passed by the learned Tribunal, this Court does not find any illegality, or perversity in the impugned order. Therefore, the petitions are, hereby, dismissed.
Sd/-
JUDGE Sd/-
JUDGE Np/-