Karnataka High Court
Smt. Shilpa W/O Ramesh Kulkarni vs The Chief Secrtary on 10 December, 2018
Author: R Devdas
Bench: R. Devdas
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 10TH DAY OF DECEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE R. DEVDAS
WRIT PETITION NOs.108491-108493/2017 (S-RES)
BETWEEN:
1. SMT. SHILPA W/O. RAMESH KULKARNI,
(EARLIER CALLED AS SHILPA D/O. MALTESH
KULKARNI), AGE 31 YEARS, OCC: HOUSEHOLD WORK,
C/O. RAMESH KULKARNI,
RESIDING AT SHIRUR VILLAGE,
TQ. AND DIST. BAGALKOT.
2. KUMARI POORNIMA D/O. LATE MALTESH KULKARNI,
(AFTER MARIAGE CALLED AS PRAGNYA
W/O. PAVAN JOSHI), AGE 26 YEARS,
OCC: HOUSEHOLD, C/O. SURESHRAO KULKARNI,
NOW R/AT: ABBIGERI VILLAGE,
TQ. RON, DIST. GADAG.
3. SMT. MAHADEVI M. VIRAKTHMAT
(AFTER MARRIAGE CALLED AS ANITHA
W/O. JAGDISH HIREMATH,
AGE 30 YEARS, OCC: HOUSEHOLD WORK,
R/ AT NORAVARI COLONY, POST: BHAYATTI,
TQ. HUBBALLI, DIST. DHARWAD.
... PETITIONERS
(BY SRI. S.S.NIRANJAN, ADVOCATE)
AND:
1. THE CHIEF SECRETARY,
VIDHANA SOUDHA, BENGALURU.
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2. THE PRINCIPAL SECRETARY,
DEPARTMENT OF PERSONNAL AND
ADMINISTRATION (DPAR)
VIDHANSOUDHA, BENGALURU.
3. THE UNDER SECRETARY (SERVICES-I),
DEPARTMENT OF PERSONNAL AND
ADMINISTRATION (DPAR),
VIDHANSOUDHA, BENGALURU.
4. THE PRINCIPLE SECRETARY,
DEPT. OF LAW AND HUMAN RIGHTS,
VIDHANASOUDHA, BENGALURU.
5. THE REGISTRAR GENERAL,
HIGH COURT OF KARNATAKA,
BENGALURU.
6. THE REGISTRAR (VIGILANCE),
HIGH COURT OF KARNATAKA,
BENGALURU.
7. THE DIST. AND SESSIONS JUDGE,
GADAG.
8. THE CIVIL JUDGE AND JMFC,
AT POST; RON. DIST. GADAG.
9. THE PRINCIPAL SECRETARY,
WATER RESOURCES DEPT, 3RD FLOOR,
VIKAS SOUDHA, BENGALURU.
10. THE UNDER SECRETARY,
WATER RESOURCES DEPT, 3RD FLOOR,
VIKAS SOUDHA, BENGALURU.
11. THE CHIEF ENGINEER,
WATER RESOURCES DEPT.,
ANANDRAO CIRCLE, BENGALURU.
12. THE CHIEF ENGINEER,
KNNL, MRBCV, OPP. R.N.SHETTY STADIUM,
DHARWAD.
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13. THE SUPTD. ENGINEER,
KNNL MRBC CIRCLE,
YALAKKI SHETTAR COLONY,
DHARWAD.
14. THE EXECUTIVE ENGINEER,
KNNL MIRBC CIRCLE,
YALAKKI SHETTAR COLONY,
DHARWAD.
15. THE ASISTANT EXECUTIVE ENGINEER,
KNNL SHIGGAON ATA, NIRAVARI SUB DIVN-2,
IRRIGATION COLONY,
NEAR KVG BANK, DHARWAD.
... RESPONDENTS
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE
WRIT IN THE NATURE OF MANDAMUS OF ANY OTHER
APPROPRIATE WRIT ORDER THAT RULES FRAMED BY THE
RESPONDENT NO.3 IN RESPECT OF THE KARNATAKA CIVIL
SERVICES (APPOINTMENT OF COMPASSIONATE RULES) 1996 IN
RESPECT OF SECTION 5 FIRST PROVISO I.E. PROVIDED THAT
INCASE OF MINOR....AMENDED ON 1999, 24.11.2000 IS
UNCONSTITUTIONAL AND ULTRAVIROUS (ANNEXURE) AND (B)
ISSUE WRIT IN THE NATURE OF MANDAMUS OF ANY OTHER
APPROPRIATE WRIT ORDER THAT RULES FRAMED BY THE
RESONDENT NO.2 IN RESPECT OF THE KARNATAKA CIVIL
SERVICE (APPOINTMENT OF COMPASSIONATE RULES) 1996 IN
RESPECT OF 9(3) WITH EFFECT FROM 29.05.2002 I.E. THE
APPLICATION FILED BY THE DEFENDANTS OF GOVERNMENT
SERVANTS ON OR AFTER 01.04.1999 ARE UNCONSTITUTIONAL
AND ULTRAVIROUS (ANNEXURE), (C) ISSUE WRIT IN THE NATURE
OF MANDAMUS OF ANY OTHER APPROPRIATE WRIT ORDER THAT
RULES FRAMED BY THE RESPONDENT NO.2 IN RESPECT OF THE
KARNATAKA CIVIL SERVICE (APPOINTMENT ON COMPASSIONATE
RULES) 1996 IN RULES 3(C) IN RESPECT OF UNMARRIED
DAUGHTER IS UNCONSTITUTIONAL ACCORDINGLY THESE
PETITIONERS AND MARRIED DAUGHTERS ARE ALSO ENTITLED
JOB ON COMPASIONATE GROUNDS FROM THE DATE OF
APPLICATIONS ; (E) RESPONDENT NO.3IS DIRECTED TO APPOINT
THE RESPONDENT NO.1 ON COMPASSIONATE APPOINTMENT
WITH EFFECT FROM 06.01.2004 WITH SERVICE BENEFITS ; (F)
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RESPONDENT NO.10 IS DIRECTED TO APPOINT THE PETITONER
NO.3 ON COMPASSIONATE GROUNDS FROM THE DATE OF
APPLICATION.....ON WITH SERVICE BENEFITS ; (G) QUASH THE
IMPUGNED ORDER DATED 20.10.2015 PASSED BY THE 2ND
RESPONDENT VIDE ANNEXURE-S TO THE WRIT PETITION, (H)
PETITIONERS MAY PLEASE BE PERMITTED TO URGE SOME
OTHER GROUNDS AT THE TIME OF HEARING.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
Learned counsel for the petitioners has filed a memo dated 10.12.2018, stating that the petitioners have to approach the Karnataka Administrative Tribunal, under Section 19 of the Administrative Tribunals Act, 1985.
The memo is taken on record.
The petitions are therefore dismissed, as withdrawn.
Sd/-
JUDGE *Svh/-