Karnataka High Court
Balaji S/O Ashokrao vs The Secretary And Ors on 16 March, 2017
Author: Rathnakala
Bench: Rathnakala
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF MARCH, 2017
BEFORE
THE HON'BLE MRS. JUSTICE RATHNAKALA
WRIT PETITION NO.200687/2016 (S-DIS)
C/W
WRIT PETITION NOS.200689/2016, 200681/2016,
200682/2016, 200684/2016, 200685/2016,
200686/2016, 200688/2016, 200690/2016,
202072/2016, 205995/2014, 200683/2016 &
200798/2016 (S-DIS)
IN W.P.200687/2016
BETWEEN
BALAJI S/O ASHOKRAO
AGE: 38 YEARS, OCC: EX. TECH. ASST.
R/O UCHA TQ: BHALKI, DIST: BIDAR
... PETITIONER
(BY SRI P. VILASKUMAR ADV.)
AND
1. THE SECRETARY
RURAL DEVELOPMENT & PANCHAYAT RAJ
VIDHAN SOUDHA, BANGALORE-560 001.
2. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, BIDAR - 585 401.
2
3. THE EXECUTIVE OFFICER
BHALKI TALUKA PANCHAYAT,
TQ: BHALKI, DIST: BIDAR - 585 401.
4. THE PANCHAYAT DEVELOPMENT OFFICER
GRAM PANCHAYAT WARAWATTI,
TQ: BHALKI DIST: BIDAR - 585 401.
... RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AGA FOR R1,
SRI. S.S. KUMMAN, ADV. FOR R2 TO R4 )
THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI FOR QUASHING THE ORDER OF TERMINATION DATED
05.04.2014 PASSED BY RESPONDENT No.3 WHICH IS AT
ANNEXURE 'A' AND CONSEQUENTLY ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO REINSTATE THE PETITIONER
TILL PERMANENT REPLACEMENT IS MADE i.e., TO SAY THAT THE
PETITIONER MAY NOT BE REPLACED BY SAME SET OF TEMPORARY
EMPLOYEE AND CONTINUE HIM TILL PERMANENT REPLACEMENT IS
MADE, IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.P.200689/2016
BETWEEN
SUBHASH S/O MALLAPPA TYAGAVEER
AGE: 38 YEARS, OCC: EX. TECH ASST.
R/O SIDDESHWAR TQ: BHALKI
DIST: BIDAR
... PETITIONER
(BY SRI P. VILASKUMAR ADV.)
AND
1. THE SECRETARY
RURAL DEVELOPMENT & PANCHAYAT RAJ
3
VIDHAN SOUDHA, BANGALORE-560 001.
2. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, BIDAR - 585 401.
3. THE EXECUTIVE OFFICER
BHALKI TALUKA PANCHAYAT,
TQ: BHALKI, DIST: BIDAR - 585 401.
4. THE PANCHAYAT DEVELOPMENT OFFICER
GRAM PANCHAYAT KONA MELKUNDA,
TQ: BHALKI DIST: BIDAR - 585 401.
... RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AGA FOR R1,
SRI. S.S. KUMMAN, ADV. FOR R2 TO R4 )
THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI FOR QUASHING THE ORDER OF TERMINATION DATED
05.04.2014 PASSED BY RESPONDENT No.3 WHICH IS AT
ANNEXURE 'A' AND CONSEQUENTLY ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO REINSTATE THE PETITIONER
TILL PERMANENT REPLACEMENT IS MADE i.e., TO SAY THAT THE
PETITIONER MAY NOT BE REPLACED BY SAME SET OF TEMPORARY
EMPLOYEE AND CONTINUE HIM TILL PERMANENT REPLACEMENT IS
MADE, IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.P.200681/2016
BETWEEN
RAMU @ RAMDAS MORE
S/O DHANAJI MORE,
AGE: 28 YEARS,
OCC: EX. TECH ASST. R/O ATTGARGA
TQ: BHALKI, DIST: BIDAR.
... PETITIONER
(BY SRI P. VILASKUMAR ADV.)
4
AND
1. THE SECRETARY
RURAL DEVELOPMENT & PANCHAYAT RAJ
VIDHAN SOUDHA, BANGALORE-560 001.
2. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, BIDAR - 585 401.
3. THE EXECUTIVE OFFICER
BHALKI TALUKA PANCHAYAT,
TQ: BHALKI, DIST: BIDAR - 585 401.
4. THE PANCHAYAT DEVELOPMENT OFFICER
GRAM PANCHAYAT KONA ALAWAI,
TQ: BHALKI DIST: BIDAR - 585 401.
... RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AGA FOR R1,
SRI. S.S. KUMMAN, ADV. FOR R2 TO R4 )
THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI FOR QUASHING THE ORDER OF TERMINATION DATED
05.04.2014 PASSED BY RESPONDENT No.3 WHICH IS AT
ANNEXURE 'A' AND CONSEQUENTLY ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO REINSTATE THE PETITIONER
TILL PERMANENT REPLACEMENT IS MADE i.e., TO SAY THAT THE
PETITIONER MAY NOT BE REPLACED BY SAME SET OF TEMPORARY
EMPLOYEE AND CONTINUE HIM TILL PERMANENT REPLACEMENT IS
MADE, IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.P.200682/2016
BETWEEN
PIRAJI S/O NAMDEV RAO HIRA NAIK
AGE: 48 YEARS, OCC: EX. TECH ASST.
R/O KONGLI, DIST: BIDAR
... PETITIONER
5
(BY SRI P. VILASKUMAR ADV.)
AND
1. THE SECRETARY
RURAL DEVELOPMENT & PANCHAYAT RAJ
VIDHAN SOUDHA, BANGALORE-560 001.
2. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, BIDAR - 585 401.
3. THE EXECUTIVE OFFICER
BHALKI TALUKA PANCHAYAT,
TQ: BHALKI, DIST: BIDAR - 585 401.
4. THE PANCHAYAT DEVELOPMENT OFFICER
GRAM PANCHAYAT WANJARKHEDA,
TQ: BHALKI DIST: BIDAR - 585 401.
... RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AGA FOR R1,
SRI. S.S. KUMMAN, ADV. FOR R2 TO R4 )
THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI FOR QUASHING THE ORDER OF TERMINATION DATED
05.04.2014 PASSED BY RESPONDENT No.3 WHICH IS AT
ANNEXURE 'A' AND CONSEQUENTLY ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO REINSTATE THE PETITIONER
TILL PERMANENT REPLACEMENT IS MADE i.e., TO SAY THAT THE
PETITIONER MAY NOT BE REPLACED BY SAME SET OF TEMPORARY
EMPLOYEE AND CONTINUE HIM TILL PERMANENT REPLACEMENT IS
MADE, IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.P.200684/2016
BETWEEN
PANDURANG S/O GYANOBA
AGE: 50 YEARS,
OCC: EX. TECH ASST.
6
R/O MEHAKAR
TQ: BHALKI DIST: BIDAR
... PETITIONER
(BY SRI P. VILASKUMAR ADV.)
AND
1. THE SECRETARY
RURAL DEVELOPMENT & PANCHAYAT RAJ
VIDHAN SOUDHA, BANGALORE-560 001.
2. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, BIDAR - 585 401.
3. THE EXECUTIVE OFFICER
BHALKI TALUKA PANCHAYAT,
TQ: BHALKI, DIST: BIDAR - 585 401.
4. THE PANCHAYAT DEVELOPMENT OFFICER
GRAM PANCHAYAT MEHAKAR,
TQ: BHALKI DIST: BIDAR - 585 401.
... RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AGA FOR R1,
SRI. S.S. KUMMAN, ADV. FOR R2 TO R4 )
THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI FOR QUASHING THE ORDER OF TERMINATION DATED
05.04.2014 PASSED BY RESPONDENT No.3 WHICH IS AT
ANNEXURE 'A' AND CONSEQUENTLY ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO REINSTATE THE PETITIONER
TILL PERMANENT REPLACEMENT IS MADE i.e., TO SAY THAT THE
PETITIONER MAY NOT BE REPLACED BY SAME SET OF TEMPORARY
EMPLOYEE AND CONTINUE HIM TILL PERMANENT REPLACEMENT IS
MADE, IN THE INTEREST OF JUSTICE AND EQUITY.
7
IN W.P.200685/2016
BETWEEN
ANAND MARUTI SAGAR
AGE: 43 YEARS,
OCC: EX. TECH. ASST.
R/O MAROOR
TQ.BHALKI, DIST: BIDAR.
... PETITIONER
(BY SRI P. VILASKUMAR ADV.)
AND
1. THE SECRETARY
RURAL DEVELOPMENT & PANCHAYAT RAJ
VIDHAN SOUDHA, BANGALORE-560 001.
2. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, BIDAR - 585 401.
3. THE EXECUTIVE OFFICER
BHALKI TALUKA PANCHAYAT,
TQ: BHALKI, DIST: BIDAR - 585 401.
4. THE PANCHAYAT DEVELOPMENT OFFICER
GRAM PANCHAYAT KANAJI,
TQ: BHALKI DIST: BIDAR - 585 401.
... RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AGA FOR R1,
SRI. S.S. KUMMAN, ADV. FOR R2 TO R4 )
THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI FOR QUASHING THE ORDER OF TERMINATION DATED
05.04.2014 PASSED BY RESPONDENT No.3 WHICH IS AT
ANNEXURE 'A' AND CONSEQUENTLY ISSUE A WRIT OF MANDAMUS
8
DIRECTING THE RESPONDENTS TO REINSTATE THE PETITIONER
TILL PERMANENT REPLACEMENT IS MADE i.e., TO SAY THAT THE
PETITIONER MAY NOT BE REPLACED BY SAME SET OF TEMPORARY
EMPLOYEE AND CONTINUE HIM TILL PERMANENT REPLACEMENT IS
MADE, IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.P.200686/2016
BETWEEN
RAVINDRAKUMAR S/O DHULAPPA
AGE:42 YEARS, OCC: EX. TECH. ASST.
R/O SHAMSHEERWADI TQ: BHALKI,
DIST: BIDAR
... PETITIONER
(BY SRI P. VILASKUMAR ADV.)
AND
1. THE SECRETARY
RURAL DEVELOPMENT & PANCHAYAT RAJ
VIDHAN SOUDHA, BANGALORE-560 001.
2. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, BIDAR - 585 401.
3. THE EXECUTIVE OFFICER
BHALKI TALUKA PANCHAYAT,
TQ: BHALKI, DIST: BIDAR - 585 401.
4. THE PANCHAYAT DEVELOPMENT OFFICER
GRAM PANCHAYAT METHI MELKUNDA,
TQ: BHALKI DIST: BIDAR - 585 401.
... RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AGA FOR R1,
SRI. S.S. KUMMAN, ADV. FOR R2 TO R4 )
9
THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI FOR QUASHING THE ORDER OF TERMINATION DATED
05.04.2014 PASSED BY RESPONDENT No.3 WHICH IS AT
ANNEXURE 'A' AND CONSEQUENTLY ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO REINSTATE THE PETITIONER
TILL PERMANENT REPLACEMENT IS MADE i.e., TO SAY THAT THE
PETITIONER MAY NOT BE REPLACED BY SAME SET OF TEMPORARY
EMPLOYEE AND CONTINUE HIM TILL PERMANENT REPLACEMENT IS
MADE, IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.P.200688/2016
BETWEEN
JAYASINGH S/O BHEEMSINGH RATHOD
AGE:48 YEARS, OCC: EX. TECH ASST.
R/O NIRAMANALLI TANDA,
POST: BELLARY-K,
TQ: BHALKI, DIST: BIDAR
... PETITIONER
(BY SRI P. VILASKUMAR ADV.)
AND
1. THE SECRETARY
RURAL DEVELOPMENT & PANCHAYAT RAJ
VIDHAN SOUDHA, BANGALORE-560 001.
2. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, BIDAR - 585 401.
3. THE EXECUTIVE OFFICER
BHALKI TALUKA PANCHAYAT,
TQ: BHALKI, DIST: BIDAR - 585 401.
4. THE PANCHAYAT DEVELOPMENT OFFICER
GRAM PANCHAYAT BELAHALLI,
10
TQ: BHALKI DIST: BIDAR - 585 401.
... RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AGA FOR R1,
SRI. S.S. KUMMAN, ADV. FOR R2 TO R4 )
THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI FOR QUASHING THE ORDER OF TERMINATION DATED
05.04.2014 PASSED BY RESPONDENT No.3 WHICH IS AT
ANNEXURE 'A' AND CONSEQUENTLY ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO REINSTATE THE PETITIONER
TILL PERMANENT REPLACEMENT IS MADE i.e., TO SAY THAT THE
PETITIONER MAY NOT BE REPLACED BY SAME SET OF TEMPORARY
EMPLOYEE AND CONTINUE HIM TILL PERMANENT REPLACEMENT IS
MADE, IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.P.200690/2016
BETWEEN
MANIK S/O SAIBANNA CHANDANAHALLI
AGE:46 YEARS, OCC: EX. TECH. ASST.
R/O SONAKERA POST, TQ: HUMNABAD
DIST: BIDAR.
... PETITIONER
(BY SRI P. VILASKUMAR ADV.)
AND
1. THE SECRETARY
RURAL DEVELOPMENT & PANCHAYAT RAJ
VIDHAN SOUDHA, BANGALORE-560 001.
2. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, BIDAR - 585 401.
11
3. THE EXECUTIVE OFFICER
BHALKI TALUKA PANCHAYAT,
TQ: HUMNABAD, DIST: BIDAR - 585 401.
4. THE PANCHAYAT DEVELOPMENT OFFICER
GRAM PANCHAYAT CHANDANHALLI,
TQ: HUMNABAD, DIST: BIDAR - 585 401.
... RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AGA FOR R1,
SRI. S.S. KUMMAN, ADV. FOR R2 TO R4 )
THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI FOR QUASHING THE ORDER OF TERMINATION DATED
05.04.2014 PASSED BY RESPONDENT No.3 WHICH IS AT
ANNEXURE 'A' AND CONSEQUENTLY ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO REINSTATE THE PETITIONER
TILL PERMANENT REPLACEMENT IS MADE IN THE INTEREST OF
JUSTICE AND EQUITY.
IN W.P.202072/2016
BETWEEN
TANAJI S/O GANGARAM
AGE:45 YEARS, OCC:EX.TECH.ASST.
R/O H.NO.2-4-88, TEEN DUKAN GALLI,
NEAR DHARMESHWAR TEMPLE,
OLD TOWN BHALKI,
TQ.BHALKI DIST:BIDAR - 585 125.
... PETITIONER
(BY SRI P. VILASKUMAR ADV.)
AND
1. THE SECRETARY
RURAL DEVELOPMENT & PANCHAYAT RAJ,
12
VIHDAN SOUDHA, BANGALORE-560001
2. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, BIDAR - 585 125.
3. THE EXECUTIVE OFFICER
BHALKI TALUKA PANCHAYAT
TQ.BHALKI, DIST:BIDAR - 585 125.
4. THE PANCHAYAT DEVELOPMENT OFFICER
GRAM PANCHAYAT AMBE SANGHAVI
TQ.BHALKI DIST:BIDAR - 585 125.
... RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AGA FOR R1,
SRI. S.S. KUMMAN, ADV. FOR R2 TO R4 )
THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI FOR QUASHING THE ORDER OF TERMINATION vide
NO.ZPB/MGNREGA/CR-44/2010-11/29925 DATED : 17.01.2014
PASSED BY RESPONDENT No.3 WHICH IS AT ANNEXURE 'A' AND
CONSEQUENTLY ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENTS TO REINSTATE THE PETITIONER TILL PERMANENT
REPLACEMENT IS MADE I.E. TO ASY THAT THE PETITIONER MAY
NOT BE REPLACED BY SAME SET OF TEMPORARY EMPLOYEE AND
CONTINUE HIM TILL PERMANENT REPLACEMENT IS MADE, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN W.P.205995/2014
BETWEEN
SUDHAKAR
S/O SHARANAPPA
AGE : 45 YEASR,
OCC : TECH. ASST.
R/O H.NO.1-12-54,
NAZARATH COLONY,
13
NEAR KARNATAKA COLLEGE,
BIDAR.
... PETITIONER
(BY SRI P. VILASKUMAR, ADV.)
AND
1. THE SECRETARY
RURAL DEVELOPMENT & PANCHAYAT RAJ,
VIHDAN SOUDHA, BANGALORE-560001
2. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, BIDAR - 585 401.
3. THE EXECUTIVE OFFICER
AURAD-B TALUKA PANCHAYAT
TQ.AURAD-B, DIST:BIDAR - 585 401.
4. THE PANCHAYAT DEVELOPMENT OFFICER
GRAM PANCHAYAT THANA KUSNOOR,
TQ.AURAD-B, DIST:BIDAR - 585 401.
... RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AGA FOR R1,
SRI. S.S. KUMMAN, ADV. FOR R2 TO R4 )
THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI FOR QUASHING THE ORDER OF TERMINATION DATED
: 12.2.2014 PASSED BY RESPONDENT NO.4 VIDE
NO.PÀæ.¸ÀA/vÁ¸ÀAeÁ/MGNREGA/CR-44/2013-14/1245 WHICH IS AT
ANNEXURE-A AND CONSEQUENTLY ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO REINSTATE THE PETITIONER
TILL PERMANENT REPLACEMENT IS MADE I.E. TO SAY THAT THE
PETITIONER MAY NOT BE REPLACED BY SAME SET OF TEMPORARY
EMPLOYEE AND CONTINUE HIM TILL PERMANENT REPLACEMENT IS
MADE, IN THE INTEREST OF JUSTICE AND EQUITY.
14
IN W.P.200683/2016
BETWEEN
IBRAHIM S/O MEHABOOBSAB
AGE: 50 YEARS
OCC: EX. TECH ASST.
R/O JANTHI- 585 413 VIA HELBERAGA,
DIST: BIDAR.
... PETITIONER
(BY SRI P. VILASKUMAR ADV.)
AND
1. THE SECRETARY
RURAL DEVELOPMENT & PANCHAYAT RAJ
VIDHAN SOUDHA, BANGALORE-560 001.
2. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT BIDAR - 585 401.
3. THE EXECUTIVE OFFICER
BHALKI TALUKA PANCHAYAT,
TQ: BHALKI, DIST: BIDAR - 585 401.
4. THE PANCHAYAT DEVELOPMENT OFFICER
GRAM PANCHAYAT MADAKATTI
TQ: BHALKI DIST: BIDAR - 585 401.
... RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AGA FOR R1,
SRI. S.S. KUMMAN, ADV. FOR R2 TO R4 )
THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI FOR QUASHING THE ORDER OF TERMINATION DATED
: 5.4.2014 PASSED BY RESPONDENT NO.3 WHICH IS AT
ANNEXURE-A AND CONSEQUENTLY ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO REINSTATE THE PETITIONER
TILL PERMANENT REPLACEMENT IS MADE I.E. TO SAY THAT THE
15
PETITIONER MAY NOT BE REPLACED BY SAME SET OF TEMPORARY
EMPLOYEE AND CONTINUE HIM TILL PERMANENT REPLACEMENT IS
MADE, IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.P.200798/2016
BETWEEN
ABDUL MUQTHAR
S/O GULAMA MUSTAFA
AGE: 49 YEARS,
OCC: EX.TECH.ASST.
R/O HUDAGI,
TQ. HUMANABAD DIST.BIDAR
... PETITIONER
(BY SRI P. VILASKUMAR ADV.)
AND
1. THE SECRETARY
RURAL DEVELOPMENT AND PANCHAYAT RAJ,
VIDHAN SOUDHA, BANGALORE - 560 001.
2. THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYAT, BIDAR - 585 401.
3. THE EXECUTIVE OFFICER,
BHALKI TALUKA PANCHAYAT
TQ. HUMANABAD, DIST.BIDAR - 585 401.
4. THE PANCHAYAT DEVELOPEMENT OFFICER
GRAM PANCHAYAT MANIKNAGAR,
TQ. HUMANABAD, DIST.BIDAR - 585 401.
... RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AGA FOR R1,
SRI. S.S. KUMMAN, ADV. FOR R2 TO R4 )
16
THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI FOR QUASHING THE ORDER OF TERMINATION DATED
: 5.4.2014 PASSED BY RESPONDENT NO.3 WHICH IS AT
ANNEXURE-A AND CONSEQUENTLY ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO REINSTATE THE PETITIONER
TILL PERMANENT REPLACEMENT IS MADE, IN THE INTEREST OF
JUSTICE AND EQUITY.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners herein are working as Technical Assistants at various Gram Panchayats of Bhalki Taluk in Bidar district. They are challenging order dated :
05.04.2014 as at Annexure-A whereby their services are terminated.
2. Sri.P. Vilaskumar, learned counsel for the petitioners submits that without providing opportunity to the petitioners to defend themselves the order of termination as at Annexure-A is passed, hence it is arbitrary and against the principles of labour 17 jurisprudence. The petitioners are working against a permanent vacancy and are employed under a scheme of the Central Government. By the Order under challenge, the respondents/authorities have stated that the petitioners have no educational qualification and are not appointed on outsource basis. That being so, the respondents intended to substitute another set of temporary workers in the place of the petitioners, which is not permissible. Learned counsel for the petitioners further submits that in identical situation, this Court in Writ Petition No.203402/2014 (S-DIS) Vide Order dated :
02.12.2015 and connected cases, has held that the services of the petitioners cannot be replaced by engaging another set of temporary employees. Said Order of learned Single Judge is upheld by the Division Bench of this Court in Writ Appeal Nos.200477/2016 (S-
DIS) Connected with Other cases vide order dated :
09.02.2017 with certain modifications. 18
3. If the petitioners have no required qualification for the post of Technical Assistant, it is a matter of enquiry which cannot be unilaterally declined by the respondents / authorities without giving opportunity to the petitioners. If they have purpose to replace the petitioners by outsourcing their jobs, then also it is against the principles enunciated by Hon'ble Apex Court in the case of HARGURPRATAP SINGH VS. STATE OF PUNJAB AND OTHERS REPORTED IN (2007) 13 SCC 292 wherein it was held that one adhoc arrangement cannot be replaced by another adhoc arrangement. In the light of the above, the petition deserves to be allowed.
Accordingly, petitions are allowed. The Order of termination as at Annexure-A is set-aside insofar as it relates to the termination of service of the petitioners.
19
The respondents are directed to continue the work of the petitioners as they used to work prior to 05.04.2014.
In the event of any fresh appointment on permanent basis being made, the petitioners shall be permitted to participate.
Sd/-
JUDGE SGS