Sri.N.G.Eshwar Reddy vs The State Of Karnataka on 21 January, 2014

[Cites 2, Cited by 1]

Karnataka High Court

Sri.N.G.Eshwar Reddy vs The State Of Karnataka on 21 January, 2014

Bench: A.N. Venugopala Gowda

                           1



IN THE HIGH COURT OF KARNATAKA AT BANGALORE

      DATED THIS THE 21ST DAY OF JANUARY, 2014

                        BEFORE

     THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

       WRIT PETITION NOS.883-885/2014 (S-RES)


BETWEEN:

1.     SRI N.G.ESHWAR REDDY
       S/O GOVINDAREDDY
       AGED ABOUT 32 YEARS
       OCC: BEE KEEPING ASSISTANT
       SRINIVASAPUR
       TALUK & DIST. KOLAR.

2.     SRI V.NARAYANASWAMY
       S/O VENKATAPPA
       AGED ABOUT 40 YEARS
       OCC: BEE KEEPING ASSISTANT
       MULABAGIL
       TALUK & DIST. KOLAR - 563 131.

3.     SRI N.M.KRISHNAPPA
       S/O MENASAPPA
       AGED ABOUT 39 YEARS
       OCC: BEE KEEPING ASSISTANT
       KOLAR
       KOLAR DISTRICT - 563 102.
                                        ... PETITIONERS

(BY SRI G.G.CHAGASHETTI, ADV.)

AND:

1.     THE STATE OF KARNATAKA
       BY ITS UNDER SECRETARY
                         2


     DEPT. OF COMMERCE & INDUSTRIES
     M.S.BUILDING
     BANGALORE - 560 001.

2.   DIRECTOR OF COMMERCE &
     INDUSTRIES
     KHANIJA BHAVAN
     RACE COURSE ROAD
     BANGALORE - 560 001.

3.   THE CHIEF EXECUTIVE OFFICER
     ZILLA PANCHAYATH
     CHAGALAPUR-CHIKKABALLAPUR- 570051

4.   DEPUTY DIRECTOR (KVI)
     ZILLA PANCHAYATH
     D.I.C.BUILDING
     OFFICE OF THE DEPUTY COMMISSIONER
     COMPOUND, KOLAR - 563 101.

5.   DIRECTOR OF HORTICULTURE
     LALBAGH
     BANGALORE - 560 011.

6.   DEPUTY DIRECTOR OF HORTICULTURE (ZP)
     KOLAR - 563 131.
                                 ... RESPONDENTS

(BY SMT. RAFEEUNISA, HCGP)

     THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO DIRECT THE RESPONDENT AUTHORITIES
SHIFT THE RESPECTIVE POSTS OF THE PETITIONERS TO
THE HORTICULTURE DEPARTMENT AS PER THE ORDER
OF THE STATE GOVERNMENT DATED 9.4.2012 VIDE
ANNX-D.

    THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
                              3




                        ORDER

Petitioners claiming to be working as Bee Keeping Assistants under the control and supervision of Industries and Commerce Department on honorarium basis and the first respondent having decided to shift the Bee Cultivation Division from Industries and Commerce Department to the Horticulture Department, have filed these writ petitions to direct the respondents to shift the respective posts of the petitioners to the Horticulture Department, in terms of an order dated 09.04.2012, as at Annexure-D. Petitioners have made reference to the orders, as at Annexures - F and G, in support of the relief prayed in these writ petitions.

2. Indisputedly, petitioners have not even represented to any of the respondents seeking to redress their grievance. Without approaching the respondents, the petitioners cannot seek a writ of mandamus. It is only when there is failure on the part of the respondents to discharge their legal obligation, in 4 case the petitioners have a legal right, a writ of mandamus can be issued for enforcement and not otherwise. In the instant case, the petitioners having not approached the respondents with regard to their grievance, these writ petitions are untenable.

In the result, writ petitions are disposed of by reserving liberty to the petitioners to approach the respondents with a representation for grant of relief. It is open to the petitioners to bring to the notice of the respondents the orders passed by this Court, as at Annexures - F and G, for the purpose of giving effect to the decision, as at Annexure - D. Sd/-

JUDGE ca

Unlock Advanced Research with PRISMAI

Karnataka High Court