Karnataka High Court
H. R. Raghavendra vs The State Of Karnataka on 8 January, 2018
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
1
WPs No.52120-52134/2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY 2018
PRESENT
THE HON'BLE MR.H.G.RAMESH
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
WRIT PETITIONS NO.52120-52134/2017 (S-KAT)
BETWEEN:
1. H.R.RAGHAVENDRA
S/O RAMEGOWDA
AGED ABOUT 58 YEARS
WORKING AS HORTICULTURE ASSISTANT
HEBBAL POST, HEBBAL
KOPPAL-571 272, K.R.NAGAR TALUK
MYSORE DISTRICT
2. T.KRISHNAPPA
S/O LATE THIMMARAYAPPA
AGED ABOUT 62 YEARS
C.D.AGRAHARA, KADANUR POST
DODDABALLAPUR TALUK-561 203
BANGALORE RURAL DISTRICT
(WORKED AS HORTICULTURE ASSISTANT
O/O THE ASSISTANT DIRECTOR OF HORTICULTURE
Z.P.NILAMANGALA, BANGALORE RURAL DIST)
3. MALIKARJUNA GOUDA
S/O KALANAGOWDA PATIL
AGED ABOUT 56 YEARS
WORKING AS HORTICULTURE ASSISTANT
O/O SENIOR ASSISTANT DIRECTOR OF
HORTICULTURE, ZILLA PANCHAYAT
GADAG-582 101
2
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4. H.PUTTARAJU
S/O LATE HOMBE GOWDA
AGED ABOUT 59 YEARS
WORKING AS HORTICULTURE ASSISTANT
O/O SENIOR ASSISTANT DIRECTOR OF
HORTICULTURE, ZILLA PANCHAYAT
KENGERI, BANGALORE SOUTH-560 060
5. SANNA LINGAIAH
S/O CHIKKA BEERAIAH
AGED:55 YEARS
WORKING AS HORTICULTURE ASSISTANT
(OPG) (RULE 32), O/O THE DEPUTY DIRECTOR
OF HORTICULTURE, CUBBON PARK
BANGALORE-560 001
6. SRI RAMACHANDRA
S/O LATE DASE GOWDA
AGED 56 YEARS
WORKING AS HORTICULTURE ASSISTANT
(RULE 32), O/O SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
CHANNAPATNA-573 116
RAMANAGARA DISTRICT
7. B.DEVARAJU
S/O SHRI BASAVAIAH
AGED ABOUT 53 YEARS
HORTICULTURE ASSISTANT
(UNDER RULE 32)
HORTICULTURAL FARM
HUNUSURU-571 105
MYSORE DISTRICT
8. S.C.SHEKAR
S/O CHALUVEGOWDA
AGED 53 YEARS
HORTICULTURE ASSISTANT
O/O THE SENIOR ASSISTANT DIRECTOR
HORTICULTURE (Z.P)
K.R.NAGAR-571 602
MYSORE DISTRICT
9. R.K.BUDDAPPAGOL
S/O KALAPPA
3
WPs No.52120-52134/2017
AGED ABOUT 56 YEARS
WORKING AS HORTICULTURE ASSISTANT
O/O DEPUTY DIRECTOR OF HORTICULTURE
CUBBON PARK, BANGALORE-560 001
10. SRI B.G.LAMANI
S/O GANGALAMARI
AGED ABOUT 56 YEARS
WORKING AS HORTICULTURE ASSISTANT
S.A.D.H. ZILLA PANCHAYAT
INDI-586 209
VIJAYAPURA DISTRICT
11. M.CHIKKE GOWDA
S/O NADE GOWDA
AGED ABOUT 53 YEARS
HORTICULTURE ASSISTANT
O/O SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE, STATE SECTOR
MANDYA-571 401
12. PUTTASWAMY ACHAR
S/O MARISWAMACHARY
AGED ABOUT 55 YEARS
WORKING AS HORTICULTURE ASSISTANT
O/O SENIOR ASSISTANT DIRECTOR OF
HORTICULTURE, MANDYA-571 401
13. P.M.JAYASIDDAIAH
S/O MALLAIAH
AGED ABOUT 52 YEARS
WORKING AS HORTICULTURE ASSISTANT
O/O THE ASSISTANT DIRECTOR OF HORTICULTURE
PARK IN GARDENS/CURZON PARK
MYSORE-570 001
14. SRI.MOULA HUSSAIN
S/O SATRAPPA
AGED ABOUT 56 YEARS
WORKING AS HORTICULTURE ASSISTANT
O/O ASSISTANT DIRECTOR OF HORTICULTURE
HAGARIBOMMANAHALLI-583 212
BELLARY DISTRICT
4
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15. A.KRISHNAMURTHY
S/O ANKE GOWDA
AGED ABOUT 59 YEARS
WORKING AS HORTICULTURE ASSISTANT
O/O THE DY. DIRECTOR OF HORTICULTURE
LALBAGH, BANGALORE-560 004 ...PETITIONERS
(BY SRI RANGANATHA S. JOIS, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF HORTICULTURE
M.S. BUILDING
BANGALORE-560 001
2. THE COMMISSIONER OF HORTICULTURE
LAL BAGH, BANGALORE-560 004
3. SRI K.VENKATESHAMURTHY
MAJOR, SUPERNUMARARY GARDNER
O/O DEPUTY DIRECTOR OF HORTICULTURE
LALBAGH, BANGALORE-560 004
4. SRI GOPAL
MAJOR, SUPERNUMARARY GARDNER
O/O DEPUTY DIRECTOR OF HORTICULTURE
LALBAGH, BANGALORE-560 004
5. SRI NARAYANAPPA
MAJOR, SUPERNUMARARY GARDNER
O/O DEPUTY DIRECTOR OF HORTICULTURE
LALBAGH, BANGALORE-560 004
6. D.MUNISWAMY
S/O DODDAVENKATAPPA
AGED ABOUT 55 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT) HOSAKOTE
BANGALORE RURAL DISTRICT-562 114
5
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7. D.S.RAMESH
S/O D.A.SRINIVASA AIYAR
AGED ABOUT 53 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), CHINTAMANI
CHICKKABALLAPUR DISTRICT-571 501
8. SANGANAGOWDA BASANAGOWDA PATIL
S/O BASANAGOWDA
AGED ABOUT 54 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O ASSISTANT DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), SAVANUR
HAVERI DISTRICT-581 110
9. G.NAGARAJ
S/O GANGADHARAPPA
AGED ABOUT 56 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), DODDABALLAPUR
BANGALORE RURAL DISTRICT-561 203
10. THIMMASHETTY
S/O CHOWDASHETTY
AGED ABOUT 58 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), PERIYAPATNA
MYSORE DISTRICT-570 001
11. MALLIKARJUNA K. PATTAR
S/O SASHINATH PATTAR
AGED ABOUT 58 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT) GADAG DISTRICT-582 101
12. M.GANGULAPPA
S/O MUNIVARAPPA
6
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AGED ABOUT 52 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), CHINTAMANI
CHIKKABALLAPUR DISTRICT-562 101
13. RANGASWAMAIAH
S/O THIMMAIAH
AGED ABOUT 52 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT) MAGADI
RAMANAGARA DISTRICT-562 120
14. D.C.SHIVEGOWDA
S/O CHIKE GOWDA
AGED ABOUT 55 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT)
CHIKKAMAGALUR DISTRICT-577 102
15. SUBRAMANI
S/O KARAPPASHETTY
AGED ABOUT 54 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), HOSAKOTE
BANGALORE RURAL DISTRICT-562 114
16. BELIAPPA
S/O ERAIAH
AGED ABOUT 57 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), CHIKKAMAGALUR-577 102
17. J.SHIVANNA
S/O JAGALURAIAH
AGED ABOUT 54 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
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WPs No.52120-52134/2017
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT) JAGALUR
CHITRADURGA DISTRICT-577 501
18. M.N.SHIVANNA
S/O NANJAPPA
AGED ABOUT 52 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT)
MYSORE-577 201
19. RAJASHEKARAPPA
S/O NANJUNDAPPA
AGED ABOUT 50 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT)
CHIKKAMAGALUR-577 101
20. H.M.PAPPANNA
S/O MUDALAGIRIAPPA
AGED ABOUT 52 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT)
CHIKKAMAGALUR-577 103
21. K.B.CHANNABASAPPA
S/O BASAPPA
AGED ABOUT 57 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT)
CHIKKAMAGALUR-577 105
22. B.C.RANGASWAMY
S/O CHINNAIAH
AGED ABOUT 49 YEARS
8
WPs No.52120-52134/2017
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O ASSISTANT DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), NARASHIMARAJAPURA
CHIKKAMAGALUR DISTRICT-577 105
23. B.S.RAMAIAH
S/O SANNAIAH
AGED ABOUT 50 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), MUDAGERE
CHIKKAMAGALUR DISTRICT-577 101
24. M.SHANKAR
S/O MADAIAH
AGED ABOUT 53 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O DEPUTY DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT)
CHAMARAJANAGARA-571 313
25. MANCHAIAH
S/O LANGAIAH
AGED ABOUT 57 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), MYSURU-570 001
26. SADANANDA FAKERAPPA BUDHIAL
S/O SADANANDA FAKERAPPA
AGED ABOUT 49 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT)
SINDAGI, BIJAPUR DISTRICT-586 101
27. V.A.HUBBALLI
S/O ANDAPPA
AGED ABOUT 54 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
Z.P.MUNDARAGI, GADAG DISTRICT-582 118
9
WPs No.52120-52134/2017
28. H.B.GANESH
S/O BABU
AGED 54 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), SOMWARPET
COORG DISTRICT-571 201
29. SHRI KALAKAPPA
AGE 56 YEARS
ASSISTNAT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF
HORTICLTURE (Z.P)
KUKKANOOR-583 232
RAITHA SAMPARKA KENDRA
YELABURGA, KOPPAL DIST
30. SHRI PUNDALIKA
MAJOR
ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF
HORTICULTURE (Z.P.) YADGIRI, YADGIRI ZILLA
31. SHRI H.P.RAJAPPA
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE (Z.P)
BELUR-573 115
HASSAN DIST
32. SHRI SHIVARAJU
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE ASSISTANT DIRECTOR OF
HORTICULTURE TRAINING CENTRE
MUNIRABAD-583 233
KOPPALA DIST
33. SHRI PRABHAKARAYYA
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE (Z.P)
DEVADURGA-584 111, RAICHUR DIST
10
WPs No.52120-52134/2017
34. SHRI MOHD. SHARIFF MULLA
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE (Z.P)
KALAGATAKI (RSK)-581 204
DHARWAD DIST
35. SHRI H.M.THIMMAPPA
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE ASSISTANT DIRECTOR OF
HORTICULTURE (Z.P)
HUNCHA RSK, HOSANAGARA-577 418
SHIVAMOGGA DIST
36. SHRI PALAKSHAPPA
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
KOPPAL RSK-583 231
KOPPAL DIST
37. SHRI BASAVARAJA LINGAPPA BAREGAR
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
RANEBENNUR-581 115, HAVERI DIST
38. SHRI K.V.HANUMANTHAPPA
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P), HONNALI-577 217
DAVANGERE DIST
39. SHRI SHIVANNAGOWDA VEERANNAGOWDA PATIL
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
KARZAGI RSK-581 122
KARJAGI, HAVERI DIST
40. SHRI H.D.GANESHA
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
11
WPs No.52120-52134/2017
SOMWARPET RSK-571 236
SOMWARPET, KODAGU DIST
41. SHRI T.RAMESH
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
EEREGUNTANUR RSK-577 502
CHITRADURGA DIST
42. SHRI V.V.METTI
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P), RONA-582 209
HAVERI DISTRICT
43. SHRI C.S.AVATI
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
HALIYALA 581329
HAVERI DISTRICT
44. SHRI Y.D.HANUMANTHA (RETD.,)
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
KOPPA RSK-571 425
MADDURU, MANDYA DIST
45. SHRI M.SOMANNA
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
HOSAKOTE-562 114
BANGALORE RURAL DIST
46. SHRI R.MANJU
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SPECIAL OFFICER FOR
HORTICULTURE, KRISHNARAJENDRA GIRIDHAMA
KEMMANGUNDI, TARIKERE TALUK-577 228
CHIKKAMAGALUR DIST
12
WPs No.52120-52134/2017
47. SHRI UMESH NARAHARI BUNT
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
KUNDAPURA-576 201
MANGALUR DIST
48. SHRI A.S.JAYADEVA
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
YELUWALA RSK-570 102
MYSORE
49. SHRI SHIVAKUMAR
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
NANJANGUD-571 301
MYSORE DISTRICT
50. SHRI M.M.BABANAGARA
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
LOKAPURA RSK-587 122
MUDOLA TALUK
BAGALKOT DIST
51. SHRI R.JAYARAMU
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
KIKKERI RSK-571 423
KRISHNARAJAPET, MYSORE DIST
52. SHRI K.HANUMANTHAPPA
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE LEAF ANALYSIS LAB
SHIMOGA-577 201
53. SHRI O.L.NARASIMHA MURTHY
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
13
WPs No.52120-52134/2017
HIRIYUR-572 143
CHITRADURGA DIST
54. SHRI SHIVARAJ
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
TRAINING CENTRE
MUNIRABAD-583 233
55. SHRI S.N.NARAYANASWAMY
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (STATE SECTOR)
TUMKUR-572 101
56. SHRI T.C.RANGAIAH
MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
HIRIYUR-572 143, CHITRADURGA DIST
57. SHRI K.M.MAHADEVAIAH
MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
(PARKS AND GARDENS)
CURZON PARK-577 117, MYSORE
58. SHRI DAVARAPPA
MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
LINGASUGURU-584 122
RAICHUR DISTRICT
59. SHRI EERAPPA G. GORABALA
MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE (STATE SECTOR)
HOMOPARK, BELGAUM-590 001
60. SHRI M.D.JAFFER
MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
14
WPs No.52120-52134/2017
OF HORTICULTURE (Z.P)
SINDANUR-584 128, RAICHUR DIST
61. SHRI SARANGADARA
MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
MADIKERI-571 201, KODAGU DIST
62. SHRI SHIVAPUTRAPPA
MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE ASSISTANT DIRECTOR
OF HORTICULTURE (WATER-SHED)
GULBARGA-585 101
63. SHRI G.NAGENDRA GOWDA
MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
HALIYALA-581 329
64. SHRI RAGHUPATHY
MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
RAICHUR
65. SHRI SHIVASHANKAR
MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
GULBARGA-585 101
66. SHRI SHRIDHAR VARMA
MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (STATE SECTOR)
CHITRADURGA-577 502
67. SHRI DEVIPRASAD
MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (STATE SECTOR)
MANGALORE-576 101
15
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68. SHRI V.V.RAMOJI
MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
BIDAR-585 401
69. SHRI S.S.MAGADUR
MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE ASSISTANT DIRECTOR
OF HORTICULTURE (HORTICULTURE FARM)
CHINCHOLI-585 307
70. SHRI B.KRISHNAMURTHY
MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
KADUR-577 548
CHIKMANGALUR DIST ...RESPONDENTS
(BY SRI M.NAGAPRASANNA, ADVOCATE FOR C/R6;
GOVERNMENT ADVOCATE-SERVED)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE RECORDS RELATING TO THE IMPUGNED ORDER OF THE
KSAT DATED 17.10.2017 MADE IN A.NOS.7328-7330/2006 AND
A.NOS.214-230/2011 VIDE ANNEX-A, PERUSE AND QUASH THE
SAME AS ERRONEOUS AND CONTRARY TO LAW IN SO FOR AS
PETITIONERS AND RESPONDENTS ARE CONCERNED AND ETC.
THESE WRIT PETITIONS, HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 12.12.2017, COMING ON FOR
PRONOUNCEMENT OF ORDERS, THIS DAY,
P.S.DINESH KUMAR J., PRONOUNCED THE FOLLOWING:-
ORDER
1. These writ petitions are presented challenging the common order dated 17.10.2017 passed by the Karnataka State Administrative Tribunal, Bengaluru ('KAT' for short), 16 WPs No.52120-52134/2017 dismissing Applications No.7328 to 7330/2006 and connected cases.
2. We have heard Shri Ranganatha S. Jois, learned Counsel for petitioners and Shri M.Nagaprasanna, learned Counsel for caveator/respondent No.6.
3. Briefly stated the facts of the case are, petitioners were initially selected for the post of 'gardners' in the Horticulture Department, Government of Karnataka in the year 1987, but, they were not issued with the orders of appointment. Feeling aggrieved, they approached the KAT in Applications No.1646, 1647 to 1656 & 1658/1990 and Applications No.1632, 1672, 1673 & 1674/1992. On conclusion of those proceedings, appointment orders were issued in the year 1998. The respondent-Department prepared the seniority list for the first time on 8.5.2003, wherein, daily wage employees, who were regularized against supernumerary posts were placed above applicants at Sl.No.2193 to 4349. The petitioners filed their objections to the said seniority list. Without considering their objections, final seniority list was prepared on 8/23.9.2005. 17
WPs No.52120-52134/2017 Feeling aggrieved, petitioners approached the KAT for redressal of their grievances. By the order impugned, the KAT has dismissed their applications.
4. Shri Jois, argued that, it is not in dispute that the petitioners had applied for the posts of 'gardners' against existing regular vacancies and they were selected in the year 1987. The respondent-State, illegally delayed issuance of orders of appointment compelling the petitioners to approach the KAT. After a long drawn legal battle, appointment orders were issued, after a lapse of about a decade. The KAT, without appreciating the legal contentions urged by the petitioners has dismissed the Applications. Accordingly, he prayed for allowing these writ petitions.
5. Opposing the writ petitions, Shri M.Nagaprasanna, learned Counsel appearing for the contesting respondents, submitted that it is not in dispute that the petitioners were issued with the orders of appointment from and after 1998. It is settled in law that, the seniority of an employee will have to be reckoned from the date on which, he is borne on 18 WPs No.52120-52134/2017 the said cadre. Therefore, there is no error in the seniority list prepared by the respondent-State.
6. We have carefully considered the submissions made by the learned Counsel appearing for the parties and perused the records.
7. The undisputed facts are, petitioners have been appointed from and after 1998. The grievance of the petitioners is that, some of the employees, who were working on daily wage basis and absorbed subsequently, have been placed above them in the seniority list.
8. Shri Nagaprasanna, is right in his submission that the seniority of an employee will have to be reckoned only from the date on which he is appointed in his cadre. We may usefully refer to the settled position of law enunciated by the Hon'ble Supreme Court of India in the case of Nani Sha v. State of Arunachal Pradesh reported in (2007) 15 SCC 406, wherein, it is held as follows:-
16. Lastly, the High Court has specifically rejected the claim of the appellants on another ground, namely, that the appellants were not borne in the cadre of ACF on the date from which they have been given the seniority. We are in complete agreement with the High Court, particularly in view of the decision of this 19 WPs No.52120-52134/2017 Court in State of Bihar v. Akhouri Sachindra Nath [1991 Supp (1) SCC 334 : 1991 SCC (L&S) 1070 : (1991) 16 ATC 936] which decision was reiterated in State of Bihar v. Bateshwar Sharma[(1997) 4 SCC 424 : 1997 SCC (L&S) 975] . We do not want to burden this judgment with further reported decisions.
However, the same view has been taken in another reported decision of this Court in Uttaranchal Forest Rangers' Assn. (Direct Recruit) v. State of U.P. [(2006) 10 SCC 346 : (2007) 1 SCC (L&S) 116 : JT (2006) 12 SC 513] where in para 18 this Court has taken a view that no retrospective promotion or seniority can be granted from a date when an employee has not even been borne in the cadre so as to be adversely affecting those who were appointed validly in the meantime.
(Emphasis supplied)
9. In view of the settled position of law and the undisputed facts in question, no exception can be taken to the impugned order passed by the KAT. Resultantly, these petitions must fail and are accordingly dismissed.
Petitions dismissed.
We make no order as to costs.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE cp*