Karnataka High Court
The Managing Director And Others vs The State Of Karnataka And Others on 30 March, 2023
Author: R.Devdas
Bench: R.Devdas
-1-
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR JUSTICE R.DEVDAS
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT PETITION NO. 100222 OF 2023 C/W
WRIT PETITION NO. 100217 OF 2023
WRIT PETITION NO. 100218 OF 2023
WRIT PETITION NO. 100219 OF 2023
WRIT PETITION NO. 100220 OF 2023
WRIT PETITION NO. 100228 OF 2023
WRIT PETITION NO. 101706 OF 2023
WRIT PETITION NO. 101727 OF 2023
WRIT PETITION NO. 101729 OF 2023
WRIT PETITION NO. 101754 OF 2023
WRIT PETITION NO. 101763 OF 2023
WRIT PETITION NO. 101790 OF 2023 (S-KAT)
IN WP 100222/2023
Digitally signed
by
MOHANKUMAR
BETWEEN:
B SHELAR
MOHANKUMAR
B SHELAR Location:
DHARWAD
Date:
2023.04.06
11:20:04 -0700
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PUBLIC WORKS,
VIKASA SOUDHA, BENGALURU - 560001.
2. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY,
IRRIGATION DEPARTMENT, VIKASA SOUDHA,
BANGALORE - 560001.
3. THE CHIEF ENGINEER,
COMMUNICATIONS AND BUILDINGS (SOUTH),
ANANDA RAO CIRCLE, BANGALORE - 560009.
4. THE ACCOUNTANT GENERAL IN KARNATAKA (A & E),
PARK HOUSE ROAD, BANGALORE - 560001.
-2-
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
- PETITIONERS
(BY SRI. G.K. HIREGOUDAR, PRINCIPAL GOVERNMENT ADVOCATE)
AND:
1. SMT. MAHADEVI PRABHU KULALI,
AGED ABOUT 54 YEARS WIFE OF LATE SRI P.G. KULALI,
RESIDING AT PATAGUNDI VILLAGE, GOKAK TALUK,
BELGAUM DISTRICT 591310, LEGAL HEIR AND WIFE OF
SRI PRABHU GANGAPPA KULALI S/O SRI GANGAPPA,
WAS WORKING AS HEAVY MAZDOOR,
(DIED ON 03.09.2006 WHILE IN SERVICE).
OFFICE OF ASSISTANT EXECUTIVE ENGINEER,
GLBC SUB-DIVISION NO.3, KNN LIMITED, KANAKWADI,
RAIBAG TALUK, BELGAUM DISTRICT-591 222.
2. SMT. YELLAVVA RAMAYYA HALLUR,
AGED ABOUT 50 YEARS W/O. RAMAPPA LAXMAN HALLUR,
RESIDING AT KAMBLI PLOT, GURLAPUR, GOKAK TALUK,
BELGAUM DISTRICT591312, LEGAL HEIR AND WIFE OF
SRI RAMAPPA LAXMAN HALLUR S/O SRI LAXMAN,
WAS WORKING AS HEAVY MAZDOOR
(DIED ON 29.07.2017 WHILE IN SERVICE)
OFFICE OF ASSISTANT EXECUTIVE ENGINEER,
GLBC SUB-DIVISION NO.3, KNN LIMITED, KANAKWADI,
RAIBAG TALUK, BELGAUM DISTRICT-591 222.
3. SMT. GANGAVVA L AKKINAVAR,
AGED ABOUT 56 YEARS, WO. L.U. AKKINAVARA,
RESIDENT OF KALLOLLI VILLAGE, GOKAK TALUK,
BELGAUM DISTRICT-591224 LEGAL HEIR AND WIFE OF
SRI LAXMAN UDDAPPA AKKINAVAR S/O SRI UDDAPPA,
WORKING AS HEAVY MAZDOOR
(DIED WHILE IN SERVICE ON 28.07.2017)
OFFICE OF ASSISTANT EXECUTIVE ENGINEER,
G.L.B.C. SUB-DIVISION NO.1, KNN LIMITED, GHATAPRAHBA,
GOKAK TALUK, BELGAUM DISTRICT-591 306.
4. SMT. RUKAMAVVA B. KUDACHI,
AGED ABOUT 56 YEARS, W/O. LATE SRI B.S. KUDACHI,
RESIDENT OF HANUMAPURATTI, KALLOLI POST,
MUDALAGI TALUK,BELGAUM DISTRICT591224.
LEGAL HEIR AND WIFE OF SRI BASAPPA SANGAPPA
KUDACHI S/O SRI SANGAPPA, WAS WORKING AS HEAVY
MAZDOOR, (DIED ON 18.11.2020) OFFICE OF ASSISTANT
-3-
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
EXECUTIVE ENGINEER, GLBC SUB-DIVISION NO.3,
KNN LIMITED, KANAKWADI, RAIBAG TALUK,
BELGAUM DISTRICT-591 222.
5. SMT. MANGALA B. KUTOLI, AGED ABOUT 41 YEARS,
W/O. LATE B.G. KUTOLI, RESIDING AT POST RAIBAG
RAILWAY STATION, RAIBAG TALUK, BELGAUM DISTRICT-
591317, LEGAL HEIR AND WIFE OF SRI B.G. KUTOLI,
S/O SRI GURUBASAPPA WAS WORKING AS PATKARI
(DIED WHILE IN SERVICE ON 05.09.2005)
OFFICE OF ASSISTANT EXECUTIVE ENGINEER,
GLBC SUB-DIVISION NO.2, KNN LIMITED, KANAKWADI,
RAIBAG TALUK, BELGAUM DISTRICT-591 317.
6. SRI RAMESH DENAPPA GHASTI,
AGED ABOUT 28 YEARS, S/O. LATE R.D. GASTI,
RESIDING AT POST : NIPANAL, RAIBAG TALUK,
BELGAUM DISTRICT 591222, LEGAL REPRESENTATIVE AND
SON OF SRI DEVENDRA MALLAPPA GASTI S/O MALLAPPA,
WAS WORKING AS A GROUP-D EMPLOYEE,
(DIED WHILE IN SERVICE ON 12.12.2010),
OFFICE OF ASSISTANT EXECUTIVE ENGINEER,
GLBC SUB-DIVISION NO.3, KNN LIMITED, KANAKWADI,
RAIBAG TALUK, BELGAUM DISTRICT-591 222.
7. SMT. SHANKRAVVA LAXMANA GADADI,
AGED ABOUT 62 YEARS, W/O. LATE SRI L.K. GADADI,
RESIDING AT NEAR GOVERNMENT HOSPITAL,
TUKKANATTI VILLAGE, GOKAK TALUK,
BELGAUM DISTRICT 591224.
LEGAL REPRESENTATIVE AND WIFE OF
SRI LAKSHMANA KALLAPPA GADADI S/O KALLAPPA,
RETIRED HEAVY MAZDOOR, (DIED AFTER RETIREMENT
ON 05.02.2020), OFFICE OF ASSISTANT EXECUTIVE
ENGINEER, GLBC SUB-DIVISION NO.3, KNN LIMITED,
KANAKWADI, RAIBAG TALUK, BELGAUM DISTRICT-591 222.
8. THE MANAGING DIRECTOR,
KARNATAKA NEERAVARI NIGAMA LTD.,
4TH FLOOR, NO.1, COFFEE BOARD BUILDING,
DR. AMBEDKAR VEEDHI, BANGALORE- 560001.
9. THE CHIEF ENGINEER, IRRIGATION (NORTH),
K.N.N. LIMITED, BELGAUM - 590001.
-4-
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
10. THE SUPERINTENDENT ENGINEER, G.L.B.C. CIRCLE,
K.N.N. LIMITED, JAMAKHANDI, BAGALKOT DISTRICT - 587121.
11. THE EXECUTIVE ENGINEER, G.L.B.C. DIVISION, NO.1, K.N.N.
LIMITED, GHATAPRABHA, BELGAUM DISTRICT - 591306,
12. THE ASSISTANT EXECUTIVE ENGINEER,
G.L.B.C. SUB DIVISION NO.2, K.N.N. LIMITED,
RAIBAG, BELGAUM DISTRICT - 591317.
13. THE ASST. EXECUTIVE ENGINEER,
G.L.B.C SUB DN. NO. 3, KNN LMT.,
KANAKAWADI, BELGAUM DISTRICT - 591222.
- RESPONDENTS
(BY SRI. P. RAJASHEKAR, R. NAVEEN KUMAR,
N.R. KUPPELUR AND S.S. KOLIWAD, ADVOCATES FOR R1 TO R7,
SRI S.M. KALWAD, ADVOCATE FOR R8 TO R13)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
18.07.2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BELAGAVI IN APPLICATION NOS. 10547-10553/2021
(ANNEXURE-C TO THE WRIT PETITION) & ETC.
IN WP 100217/2023
BETWEEN:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PUBLIC WORKS,
VIKASA SOUDHA, BENGALURU - 560001.
2. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY,
IRRIGATION DEPARTMENT, VIKASA SOUDHA,
BANGALORE - 560001.
3. THE CHIEF ENGINEER,
COMMUNICATIONS AND BUILDINGS (SOUTH),
ANANDA RAO CIRCLE, BANGALORE - 560009.
4. THE ACCOUNTANT GENERAL IN KARNATAKA (A & E),
PARK HOUSE ROAD, BANGALORE - 560001.
- PETITIONERS
(BY SRI. G.K. HIREGOUDAR, PRINCIPAL GOVERNMENT ADVOCATE)
-5-
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
AND:
1. SRI ASHOK BALARAM BANGE AGED ABOUT 65 YEARS,
S/O SRI BALARAM, RETIRED AS PATKARI, (DATE OF
RETIREMENT 31.05.2015), OFFICE OF THE ASST. EXECUTIVE
ENGINEER, GLBC SUB-DIVISION NO. 2, K.N.N. LMT, RAIBAG,
BELGAUM DISTRICT- 591317, RESIDING AT HIREKODI
VILLAGE AND PST, CHIKKODI TALUK,
BELGAUM DISTRICT-591247.
2. THE MANAGING DIRECTOR, KARNATAKA NEERAVARI
NIGAMA LTD.,4TH FLOOR, NO. 1, COFFEE BOARD BULIDING,
DR. AMBEDKAR VEEDHI, BENGALURU 560001.
3. THE CHIEF ENGINEER, IRRIGATION (NORTH),
K.N.N. LIMITED, BELGAUM - 590001.
4. THE SUPERINTENDENT ENGINEER, G.L.B.C. CIRCLE, K.N.N.
LIMITED, JAMAKHANDI, BAGALKOT DISTRICT - 587121.
5. THE EXECUTIVE ENGINEER,
G.L.B.C. DIVISION, NO.1, K.N.N. LIMITED,
GHATAPRABHA, BELGAUM DISTRICT - 591306,
6. THE ASSISTANT EXECUTIVE ENGINEER,
G.L.B.C. SUB DIVISION NO.2, K.N.N. LIMITED,
RAIBAG, BELGAUM DISTRICT - 591317.
- RESPONDENTS
(BY SRI. P. RAJASHEKAR, R. NAVEEN KUMAR,
N.R. KUPPELUR AND S.S. KOLIWAD, ADVOCATES FOR R1,
SRI S.M. KALWAD, ADVOCATE FOR R2 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
18.07.2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BELAGAVI IN APPLICATION NO. 10411/2021 (ANNEXURE-C TO
THE WRIT PETITION) & ETC.
IN WP 100218/2023
BETWEEN:
1. THE PRINCIPAL SECRETARY,
DEPARTMENT OF WATER RESOURCES, VIKASA SOUDHA,
VIDHANA VEEDHI, BANGALORE - 560001.
-6-
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
2. THE CHIEF ENGINEER,
NORTH REGION, CHENNAMMA CIRCLE,
CLUB ROAD, BELGAUM 590005.
- PETITIONERS
(BY SRI. G.K. HIREGOUDAR, PRINCIPAL GOVERNMENT ADVOCATE)
AND:
1. SRI. RUDRAPPA IRAPPA NESARAGI,
S/O SRI IRAPPA M. NESARAGI,
AGE : 59 YEARS, OCC: F.D.A. AT
OFFICE OF TAHASILDAR, GOKAK,
R/O GOKAK, DIST - BELGAVI - 59001.
2. BASALINGAPPA SATHYAPPA DANIHAL,
S/O SATHYAPPA DANIHAL, AGE :59 YEARS,
OCC.: FDA, AT O/O NADA KACHERI,
DEPUTY TAHASILDAR, KUDUCHI,
R/O KUDACHI,TQ RAIBAG, DIST -M BELAGAVI.
3. THE EXECUTIVE ENGINEER, DIVISION NO. 1,
KARNATAKA NIRAVARI NIGAMA NIYAMITA, G.L.B.C.,
GATAPRABHA, BELAGAVI DISTRICT - 591307.
4. THE SUPERINTENDING ENGINEER,
G.L.B.C., CIRCLE NO.1 JAMAKHANDI,
BAGALKOT DISTRICT - 587301.
- RESPONDENTS
(BY SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR R1 & R2,
SRI S.M. KALWAD, ADVOCATE FOR R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
18.07.2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BELAGAVI IN APPLICATION NOS. 10591-10592/2021
(ANNEXURE-C TO THE WRIT PETITION) & ETC.
IN WP 100219/2023
BETWEEN:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PUBLIC WORKS,
VIKASA SOUDHA, BENGALURU - 560001.
-7-
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
2. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY,
IRRIGATION DEPARTMENT, VIKASA SOUDHA,
BANGALORE - 560001.
3. THE CHIEF ENGINEER,
COMMUNICATIONS AND BUILDINGS (SOUTH),
ANANDA RAO CIRCLE, BANGALORE - 560009.
4. THE VETERNARY MEDICAL OFFICER,
HANDIGUND VETERNARY HOSPITAL,
HANDIGUND, RAIBAG TALUK, DISTRICT BELAGAVI-591235.
5. THE ACCOUNTANT GENERAL IN KARNATAKA (A & E),
PARK HOUSE ROAD, BANGALORE - 560001.
- PETITIONERS
(BY SRI. G.K. HIREGOUDAR, PRINCIPAL GOVERNMENT ADVOCATE)
AND:
1. MALLAYYA GURUSIDDAIAH MATAPATI,
AGED ABOUT 65 YEARS S/O SRI GURUSIDDAIAH
MATAPATHI, RETIRED GROUP-D EMPLOYEE,
(WAS WORKING AGAINST SANCTIONED POST),
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
TUNGABHADRA LEFT BANK CANAL SUB DIVISION-2,
KARNATAKA NEERAVARI NIGAMA LTD., YERAMARUS CAMP,
RAICHUR TALUK AND DISTRICT-584135 RESIDING AT
MUGALKOD, RAIBAG TALUK, BELGAUM DISTRICT-591235.
2. SMT. MAYAVVA JOTEPPA HANGANDI,
AGED ABOUT 59 YEARS, W/O LATE JOTEPPA LAKSHMAN
HANGANDI, RESIDING AT BASAVANAGARA, ITNAL,
RAIBAG TALUK, BELGAUM DISTRICT - 591235.
LEGAL HEIR AND WIFE OF LATE SRI JOTEPPA LAKSHMAN
HANGANDI, RETIRED GROUP-D EMPLOYEE,
(DIED ON 25.03.2021 AFTER RETIREMENT ON 30.06.2018),
OFFICE OF THE VETERNARY MEDICAL OFFICER,
HANDIGUND VETERNARY HOSPITAL, HANDIGUND,
RAIBAG TALUK, BELGAUM DISTRICT-591 235.
3. THE MANAGING DIRECTOR,
KARNATAKA NEERAVARI NIGAMA LTD.,
4TH FLOOR, NO. 1, COFFEE BOARD BUILDING,
DR. AMBEDKAR VEEDHI, BANGALORE - 560001.
-8-
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
4. THE CHIEF ENGINEER, IRRIGATION (NORTH),
K.N.N. LIMITED, BELGAUM - 590001.
5. THE SUPERINTENDENT ENGINEER,
G.L.B.C. CIRCLE, K.N.N. LIMITED,
JAMAKHANDI, BAGALKOT DISTRICT - 587121.
6. THE EXECUTIVE ENGINEER,
G.L.B.C. DIVISION, NO.1, K.N.N. LIMITED,
GHATAPRABHA, BELGAUM DISTRICT - 591306,
7. THE ASST. EXECUTIVE ENGINEER,
TUNGABHADRA LEFT BANK CANAL, SUB-DN. 2,
KARNATAKA NEERAVARI NIGAMA LTD., YERAMARUS CAMP,
RAICHUR TALUK AND DISTRICT - 584135.
- RESPONDENTS
(RESPONDENT NO.1 IS DECEASED,
BY SRI. P. RAJASHEKAR AND SRI R. NAVEEN KUMAR,
ADVOCATES FOR R2, SRI S.M. KALWAD, ADVOCATE FOR R3 TO R7,)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
18.07.2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BELAGAVI IN APPLICATION NOS. 10687-10688/2021
(ANNEXURE-C TO THE WRIT PETITION) & ETC.
IN WP 100220/2023
BETWEEN:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PUBLIC WORKS,
VIKASA SOUDHA, BENGALURU - 560001.
2. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY,
IRRIGATION DEPARTMENT, VIKASA SOUDHA,
BANGALORE - 560001.
3. THE CHIEF ENGINEER,
COMMUNICATIONS AND BUILDINGS (SOUTH),
ANANDA RAO CIRCLE, BANGALORE - 560009.
4. THE EXECUTIVE ENGINEER,
REHABILITATION AND RECONSTRUCTION DIVISION,
ATHANI, BELGAUM DISTRICT 591304.
-9-
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
5. THE ASST. EXECUTIVE ENGINEER,
MINOR IRRIGATION SUB - DIVISION,
BELGAUM DISTRICT-590 001.
6. THE VETERNARY MEDICAL OFFICER,
GOVERNMENT AYURVEDA HOSPITAL, MAZALATTI,
CHIKKODI TALUK, BELGAUM DISTRICT - 591226.
7. THE ASSISTANT EXECUTIVE ENGINEER,
REHABILITATION AND RECONSTRUCTION,
SUB-DN. NO. 2, AINAPURA, ATHANI TALUK,
BELGAUM DISTRICT - 591304.
8. THE ASST. DIRECTOR OF HORTICULTURE,
RAIBAG, RAIBAG TALUK, BELGAUM DISTRICT - 591317.
9. THE SUPERINTENDENT ENGINEER,
REHABILITATION AND RECONSTRUCTION,
ATHANI CIRCLE, BELGAUM DISTRICT - 591304.
10. THE ASST. EXECUTIVE ENGINEER,
SUB - DIVISION NO. 4, KUDACHI, RAIBAG TALUK,
BELGAUM DISTRICT - 591304.
11. THE ASST. EXECUTIVE ENGINEER,
REHABILITATION AND RECONSTRUCTION SUB-DIVISION,
ATHANI, BELGAUM DISTRICT - 591304.
12. ASST DIRECTOR, DEPT OF ANIMAL HUSBANDRY AND
VETERNARY SERVICES, KOLIGUDDA,
RAIBAG TALUK, BELAGAVI DISTRICT - 591220.
13. THE ASST.EXECUTIVE ENGINEER,
MINOR IRRIGATION SUB - DIVISION,
BELGAUM - 590001.
- PETITIONERS
(BY SRI. G.K. HIREGOUDAR, PRINCIPAL GOVERNMENT ADVOCATE)
AND:
1. SRI SHIVAGOWDA LAKMAGOWDA PATIL,
AGED ABOUT 57 YEARS, S/O SRI LAKAMA GOWDA,
WORKING AS PATKARI, OFFICE OF THE
ASSISTANT EXECUTIVE ENGINEER,
MINOR IRRIGATION SUB-DIVISION,
- 10 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
ATHANI, BELGAUM DISTRICT - 591304,
RESIDENT OF AT POST KERUR, CHIKKODI TALUK,
BELGAUM DISTRICT-587 206.
2. SRI HALAPPA LAXMAN KESARAGOPPA,
AGED ABOUT 55 YEARS, S/O SRI LAKSHMAN,
WORKING AS PATKARI,
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
MINOR IRRIGATION SUB - DIVISION,
ATHANI, BELGAUM DISTRICT - 591304
RESIDENT OF AT POST KALLI STOP,
ANKALI ROAD, RAIBAG TALUK-581 318.
3. SRI UDAYAKUMAR SHIVARAM SAGAR,
AGED ABOUT 59 YEARS, S/O SRI SHIVARAM,
WORKING AS PATKARI, OFFICE OF THE
ASSISTANT EXECUTIVE ENGINEER,
MINOR IRRIGATION SUB - DIVISION,
ATHANI BELGAUM DISTRICT - 591304,
RESIDENT OF AT POST HIREKODI,
CHIKKODI TALUK, BELGAUM DISTRICT - 591 247.
4. SRI. RAMAGOWDA BHIMAGOWDA PATIL,
AGED ABOUT 59 YEARS, S/O SRI. BHEEMAGOWDA,
WORKING AS PATKARI, OFFICE OF THE ASSISTANT
EXECUTIVE ENGINEER, MINOR IRRIGATION SUB - DIVISION,
BELGAUM, BELGAUM DISTRICT 590001,
RESIDENT OF AT POST KERUR,
CHIKKODI TALUK, BELGAUM DISTRICT -587206.
5. SRI. ASHOK YELLAPPA KAMBLE,
AGED ABOUT 55 YEARS, S/O SRI YELLAPPA,
WORKING AS PATKARI (SANCTIONED POST),
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
G.L.B.C. SUB DIVISION NO. 1, K.N.N. LIMITED, KUDACHI,
BELGAUM DISTRICT - 591311, RESIDENT AT BELAVI POST,
HUKKERI TALUK, BELGAUM DISTRICT-572 107.
6. SRI LAGMA PUNDALIK DALE,
AGED ABOUT 58 YEARS, S/O SRI. PUNDALIKA DALE,
WORKING AS WATCHMAN (SANCTIONED POST)
GOVERNMENT AYURVEDA HOSPITAL, MAZALATTI,
CHIKKODI TALUK, BELGAUM DISTRICT - 591226,
RESIDENT OF INDIRANAGARA, AT POST CHIKKODI,
CHIKKODI TALUK, BELGAUM DISTRICT-591 201.
- 11 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
7. SRI. SADASHIV DUNDAPPA PATIL,
AGED ABOUT 58 YEARS, S/O SRI DUNDAPPA,
WORKING AS PATKARI (SANCTIONED POST),
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
K.N.N. LIMITED, SUB - DIVISION NO. 6, RABAKAVI,
JAMAKHANDI TALUK, BAGALAKOTE DISTRICT- 587314,
RESIDENT OF KERUR AND POST, CHIKKODI TALUK,
BELGAUM DISTRICT-587 206.
8. SRI. MAHADEV MAHALING CHOWGLE,
AGED ABOUT 56 YEARS, S/O SRI. MAHALINGA,
WORKING AS PATKARI (SANCTIONED POST)
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
K.N.N. LIMITED, SUB - DIVISION NO. 6, RABAKAVI,
JAMAKHANDI TALUK, BAGALAKOTE DISTRICT- 587314,
RESIDENT OF AT POST RAIBAG, RAIBAG TALUK,
BELGAUM DISTRICT-591317.
9. SRI. SHRIMANTH SIDRAM BILAGI,
AGED ABOUT 54 YEARS, S/O SIDDARAM,
WORKING AS WATCHMAN (SANCTIONED POST),
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
REHABILATION AND RECONSTRUCTION SUB-DR. RA,
AINAPURA, ATHANI TALUK, BELGAUM DISTRICT-591 303,
RESIDENT OF RAIBAG POST, RAIBAG TALUK,
BELGAUM DISTRICT-591 317.
10. APPASAB RAJARAM HOLAKAR,
AGED ABOUT 57 YEARS, S/O SRI RAJARAM,
WORKING AS HEAVY MAZDOOR (SANCTIONED POST),
(BARI COOLI), OFFICE OF THE ASSISTANT EXECUTIVE
ENGINEER, REHABILATION AND RECONSTRUCTION SUB-DN,
ATHANI, ATHANI TALUK, BELGAUM DISTRICT- 591304,
RESIDENT OF NIDAGUNDI, RAIBAG TALUK,
BELGAUM DISTRICT-586213.
11. SRI SHIVAJI SHANKAR MALI ,
AGED ABOUT 57 YEARS, S/O SRI SHANKAR,
WORKING AS WATCHMAN (SANCTIONED POST),
OFFICE OF THE SUPERINTENDENT ENGINEER,
REHABILATION AND RECONSTRUCTION CIRCLE OFFICE,
ATHANI, ATHANI TALUK, BELGAUM DIST 591304,
RESIDENT OF KEMPATTI POST, CHIKKODI TALUK,
ATHANI TALUK, BELGAUM DISTRICT-591213.
- 12 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
12. SMT. LAGAMAVVA LAXMAN KAMBLE,
AGED ABOUT 58 YEARS, W/O LAKSHMANA,
WORKING AS SIPAYI (SANCTIONED POST),
OFFICE OF THE ASSISTANT DIRECTOR OF HORTICULTURE,
RAIBAG, BELGAUM DISTRICT 591317,
RESIDENT OF AT POST BIRNAL, RAIBAG TALUK,
BELGAUM DISTRICT-591 317.
13. SRI MAHADEV YELLAPPA KESARAGOPPA,
AGED ABOUT 60 YEARS, S/O SRI YELLAPPA,
WORKING AS WACHMAN (SANCTIONED POST),
OFFICE OF THE SUPERINTENDENT ENGINEER,
REHABILITATION AND RECONSTRUCTION CIRCLE,
ATHANI, BELGAUM DISTRICT- 591304,
RESI OF NIPANAL AND POST, RAIBAG TALUK,
BELGAUM DISTRICT-591222.
14. SRI SIDDAPPA MELAPPA SANADI,
AGED ABOUT 58 YEARS, S/O MELAPPA,
WORKING AS WACHMAN (SANCTIONED POST),
OFFICE OF THE SUPERINTENDENT ENGINEER,
REHABILITATION AND RECONSTRUCTION CIRCLE
ATHANI BELGAUM DIST 591301
RESIDENT OF NIPANAL AND POST, RAIBAG TALUK,
BELGAUM DISTRICT-591222.
15. MAHADEV YELLAPPA TAPALDAR,
AGED ABOUT 56 YEARS, S/O YELLAPPA,
WORKING AS WATCHMAN (SANCTIONED POST),
OFFICE OF THE EXECUTIVE ENGINEER,
REHABILITATION AND RECONSTRUCTION DIVISION,
ATHANI, BELGAUM DISTRICT - 591304,
RESIDENT AT POST GURLAPUR, KAMBLI PLOT,
MUDALAGI TALUK, BELGAUM DISTRICT-591 312.
16. SRI. GANAPATHY LAXMAN MAHIMAGOL,
AGED ABOUT 58 YEARS, S/O LAXMAN,
WORKING AS HEAVY MAZDOOR,
RESIDENT OF NIPANAL AND POST, RAIBAG TALUK,
BELGAUM DISTRICT 591222.
17. SRI. MAHADEV RAMAPPA PADATARI, AGED ABOUT 56
YEARS, S/O RAMAPPA, WORKING AS HEAVY MAZDOOR,
RESIDENT OF NIPANAL AND POST, RAIBAG TALUK,
BELGAUM DISTRICT - 591222.
- 13 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
18. SRI. PAVADI DAREPPA PIDAI,
AGED ABOUT 56 YEARS, S/O SRI DAREPPA,
WORKING AS BARI COOLI (MRE),
RESIDENT OF AT POST KANKANAWADI,
RAIBAG TALUK, BELGAUM DISTRICT 591222.
19. SRI. LAXMAN MELLAPPA SANADI,
AGED ABOUT 60 YEARS, S/O MALEPPA,
WORKING AS HEAVY MAZDOOR (MRE),
RESIDENT OF NIPANAL AND POST, RAIBAG TALUK,
BELGAUM DISTRICT 591222.
20. SRI. SRIKANTH PARASAPPA KWANYAGOL,
AGED ABOUT 55 YEARS, S/O SRI. PARASAPPA,
WORKING AS HEAVY MAZDOOR (MRE),
RESIDENT OF NIPANAL AND POST, RAIBAG TALUK,
BELGAUM DISTRICT 591222.
21. SRI. SIKANDAR DADASAB SHILLEDAR,
AGED ABOUT 57 YEARS, S/O SRI. DADASA,
WORKING AS BARI COOLI (MRE),
RESIDENT OF AT POST: TUKKANATTI,
MUDALAGI TALUK, BELGAUM DISTRICT 591224.
22. SRI. REVAPPA SANNAPPA BAILANNAVAR,
AGED ABOUT 58 YEARS, S/O SRI. SANNAPPA,
WORKING AS HEAVY MAZDOOR (MRE),
RESIDENT OF AT POST KANKANAWADI,
RAIBAG TALUK, BELGAUM DISTRICT-591222.
23. SRI. HANUMANTHA RAMAPPA PADATARI,
AGED ABOUT 56 YEARS, S/O RAMAPPA,
WORKING AS HEAVY MAZDOOR,
RESIDENT OF AT POST: NIPANAL, RAIBAG TALUK,
BELGAUM DISTRICT -591222.
24. SRI. GANGARAM BHEEMAPPA KALALA,
AGED ABOUT 60 YEARS, S/O BHEEMAPPA,
OFFICE OF THE ASSISTANT EXECUTIVE ENGNEER,
G.L.B.C. SUB-DIVISION NO.1,
RESIDENT OF AT POST GHATAPRABHA,
GOKAK TALUK, BELGAUM DISTRICT 591218,
KARNATAKA NEERAVARI NIGAMA LTD., GHATAPRABHA,
GOKAK TALUK, BELGAUM DISTRICT-591218.
- 14 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
25. SRI. SURESH MARUTHI NIKKAM,
AGED ABOUT 59 YEARS, S/O SRI MARUTHI NIKAM,
WORKING AS SIPAYI (SANCTIONED POST),
RESIDING AT NILAJI AND POST,
RAIBAG TALUK, BELGAUM DISTRICT - 591317.
26. SRI. SHRIMANTH SHIVAGOUDA PATIL,
AGED ABOUT 54 YEARS, S/O SRI. SHIVAGOUNDA PATIL,
WORKING AS PATKARI (SANCTIONED POST),
RESIDENT OF AT POST GHATAPRABHA,
GOKAK TALUK, BELGAUM DISTRICT 591218.
27. SRI. DHARMANNA RAJARAM GANGANNAVAR,
AGED ABOUT 57 YEARS, S/O SRI RAJARAM,
WORKING AGAINST SANCTIONED POST OF PATKARI,
RESIDENT OF BEKKERI AND POST, RAIBAG TALUK,
BELGAUM DISTRICT -591317.
28. SRI. RAMESH ARJUNA KAMBLE,
AGED ABOUT 56 YEARS, S/O ARJUNA KAMBLE,
WORKING AS SOUDI, RESIDENT OF NILJI AND POST,
RAIBAG TALUK, BELGAUM DISTRICT - 591217.
29. SRI RAMACHANDRA YELLAPPA KOLAKAR,
AGED ABOUT 57 YEARS, S/O YELLAPPA KOLLAKARA,
WORKING AS LITERATE ASSISTANT (MRE),
RESIDING AT MORAB POST, RAIBAG TALUK,
BELGAUM DISTRICT 591317.
30. SRI. BABU APPA SHELARA, AGED ABOUT 58 YEARS,
S/O APPA SHELLARA WORKING AS LITERATE ASSISTANT
(MRE), RESIDENT OF GLBC COLONY, RAIBAG,
BELGAUM DISTRICT - 591317.
APPLICANTS 25 TO 30 ARE WORKING IN THE
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
GLBC SUB-DIVISION NO. 4, KUDACHI,
RAIBAG TALUK, BELGAUM DISTRICT-591311.
31. SRI. BASAPPA SIDARAY ATHANI,
AGED ABOUT 53 YEARS, S/O SRI SIDARAY ATHANI,
(SANCTIONED POST) WORKING AGAINST SANCTIONED
POST OF GROUP D, OFFICE OF THE CHIEF ENGINEER,
K.N.N.N. LTD (NORTH), BELGAUM - 590001,
RESIDENT OF SIDDAPUR AND POST,
RAIBAG TALUK, BELGAUM DISTRICT-581329.
- 15 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
32. SRI. MAYAGOUDA SIDDAGOUDA PATIL,
AGED ABOUT 54 YEARS, S/O SIDDAGOUDA PATIL,
WORKING AS PATKARI (SANCTIONED POST),
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
MINOR IRRIGATION SUB-DIVISION, ATHANI,
BELGAUM DISTRICT-591304, RESIDING AT NILAJI AND POST,
RAIBAG TALUK, BELGAUM DISTRICT-591317.
33. SRI. SATTEPPA SIDDAPPA LALI ,
AGE ABOUT 57 YEARS, S/O SRI SIDDAPPA,
WORKING AS GROUP 'D', OFFICE OF ASSISTANT DIRECTOR,
DEPARTMENT OF ANIMAL HUSBANDRY AND VETERNARY
SERVICES, KOLIGUDDA, RAIBAG TALUK,
BELGAUM DISTRICT-591220.
34. THE MANAGING DIRECTOR,
KARNATAKA NEERAVARI NIGAMA LTD.,
4TH FLOOR, NO. 1, COFFEE BOARD BUILDING,
DR. AMBEDKAR VEEDHI, BANGALORE 560001.
35. THE CHIEF ENGINEER, IRRIGATION (NORTH),
K.N.N. LIMITED, SH 20, SADASHIVA NAGARA,
BELGAUM- 590001.
36. THE SUPERINTENDENT ENGINEER,
G.L.B.C. CIRCLE, K.N.N. LIMITED, JAMAKHANDI,
BAGALKOT DISTRICT - 587121.
37. THE ASSISTANT EXECUTIVE ENGINEER,
G.L.B.C. DIVISION NO. 1, K.N.N. LIMITED,
GHATAPRABHA, BELGAUM DISTRICT-591306.
38. THE ASSISTANT EXECUTIVE ENGINEER,
G.L.B.C. SUB DIVISION NO. 6, K.N.N. LIMITED,
RABAKAVI, JAMAKHANDI TALUK,
BAGALKOTE - 587314.
39. THE ASSISTANT EXECUTIVE ENGINEER,
G.L.B.C. SUB -DN. NO. 3, KNN LIMITED,
KANKANAWADI, BELGAUM DISTRICT - 591222.
- RESPONDENTS
(BY SRI. P. RAJASHEKAR AND
SRI R. NAVEEN KUMAR, ADVOCATES FOR R1 TO R33,
SRI S.M. KALWAD, ADVOCATE FOR R34 TO R39.)
- 16 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
18.07.2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BELAGAVI IN APPLICATION NOS. 10544-10586/2021
(ANNEXURE-C TO THE WRIT PETITION) & ETC.
IN WP 100228/2023
BETWEEN:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PUBLIC WORKS,
VIKASA SOUDHA, BANGALORE - 560001.
2. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY,
IRRIGATION DEPARTMENT, VIKASA SOUDHA,
BANGALORE - 560001.
3. THE CHIEF ENGINEER,
COMMUNICATIONS AND BUILDINGS (SOUTH),
ANANDA RAO CIRCLE, BANGALORE 560009.
4. THE ASSISTANT DIRECTOR (GR-1),
SOCIAL WELFARE DEPARTMENT,
RAIBAG - 591317, BELGAUM DISTRICT.
5. THE DEPUTY DIRECTOR,
DEPARTMENT OF ANIMAL HUSBANDRY
AND VETERINARY SERVICES, OPPOSITE SANMAN HOTEL,
KHADE BAZAAR, RAVIWAR PETH, BELGAUM 590001.
6. THE VETERINARY MEDICAL OFFICER, VETERINARY
HOSPITAL, HUKKERI, BELGAUM DISTRICT 591309.
7. THE VETERINARY MEDICAL OFFICER,
VETERINARY HOSPITAL, MUDALAGI
GOKAK TALUK, BELGAUM DISTRICT - 501312.
8. THE SUPERINTENDENT ENGINEER,
REHABILATION AND RECONSTRUCTION CIRCLE OFFICE,
ATHANI, ATHANI TALUK, BELGAUM DISTRICT-591304.
9. THE VETERINARY MEDICAL OFFICER,
OFFICE OF THE VETERINARY HOSPITAL,
SHEDBAL, BELGAUM DISTRICT - 591315.
- 17 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
10. THE VETERINARY MEDICAL OFFICER,
VETERINARY HOSPITAL, NASLAPUR
RAIBAG TALUK, BELGAUM DISTRICT - 591213.
11. THE ACCOUNTANT GENERAL IN KARNATAKA (A & E),
PARK HOUSE ROAD, BANGALORE 560001.
- PETITIONERS
(BY SRI. G.K. HIREGOUDAR, PRINCIPAL GOVERNMENT ADVOCATE)
AND:
1. SHRIDHAR SAMBAJI JADHAV, AGED ABOUT 63 YEARS,
S/O. SRI.SAMBAJI, RETIRED AS PATKARI,
(DATE OF RETIREMENT:30.09.2018),
OFFICE OF THE ASST. EXECUTIVE ENGINEER,
G.L.B.C. SUB DIVISION NO..2, K.N.N. LMT., RAIBAG,
BELGAUM DISTRICT - 591317, RESIDENT OF DESAI PLOT,
HUDLI BUILDING, K.E.B. ROAD, RAIBAG,
BELGAUM DISTRICT-591 317.
2. SRI. ASHOK BHUPAL KOLI,
AGED ABOUT 66 YEARS, S/O. SRI.BHOPAL,
RETIRED AS HEAVY MAZDOOR, (BARI COOLI),
(DATE OF RETIREMENT 31.05.2016),
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
G.L.B.C. SUB-DIVISION NO.2, K.N.N.L.LIMITED, RAIBAG,
BELGAUM DISTRICT- 591317, RESIDENT OF KERUR VILLAGE,
CHIKKODI TALUK, BELGAUM DISTRICT-591213.
3. MEERASAB MOHAMADSAB MULLA,
AGED ABOUT 69 YEARS, S/O.SRI. MD. SAB,
RETIRED AS WATCHMAN,
(DATE OF RETIREMENT 31.05.2012),
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
MECHANICAL SUB-DIVISION, YARAMUS CAMP,
RAICHUR DISTRICT-584135, RESIDENT OF KERUR,
CHIKKODI TALUK, BELGAUM DISTRICT-591213.
4. SRI. MALLAPPA BASAPPA NAVI,
AGED ABOUT 61 YEARS, S/O. SRI BASAPPA,
RETIRED HEAVY MAZDOOR,
(DATE OF RETIREMENT 30.06.2020)
OFFICE OF THE ASSISTAMT EXECUTIVE ENGINEER,
G.L.B.C. SUB-DN. NO.3, KNN LIMITED, KANKANAWADI,
- 18 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
BELGAUM DISTRICT - 591222,
RESIDING AT KEB PLOT, MUDALAGI,
MUDALAGI TALUK, BELGAUM DISTRICT-591312.
5. SRI TAMANNA AMOGHA SIDDA ODEAR,
AGED ABOUT 67 YEARS, S/O. SRI AMOGHA SIDDA,
RETIRED PATKARI (MRE), OFFICE OF THE ASSISTANT
EXECUTIVE ENGINEER, G.L.B.C. SUB-DN. NO.3,
KNN LIMITED, KANKANAWADI, BELGAUM DISTRICT-591222,
RESIDENT OF BETAGERI, GOKAK TALUK,
BELGAUM DISTRICT-582 102.
6. SRI BALASAB HUSSAINSAB TAHSILDAR,
AGED ABOUT 61 YEARS, S/O. SRI HUSSAIN SAB,
RETIRED GROUP-D EMPLOYEE,
(DATE OF RETIREMENT 31.05.2020),
VETERINARY HOSPITAL, HUKKERI,
BELGAUM DISTRICT 591309, RESIDING AT NEAR LAKSHMI
TEMPLE, BELGAUM DISTRICT-591309.
7. SRI CHANDRAPPA RANGAPPA MADAR,
AGED ABOUT 63 YEARS, S/O. SRI RANGAPPA,
RETIRED WATCHMAN AGAINST SANCTIONED POST,
(DATE OF RETIREMENT 31.05.2018),
VETERINARY HOSPITAL, MUDALAGI, GOKAK TALUK,
BELGAUM DIST - 501312, RESIDING AT KHANATTI,
GOKAK TALUK, BELGAUM DISTRICT-591312.
8. SRI MANSHINGA RAJARAMA KADAPURE,
AGED ABOUT 61 YEARS, S/O. RAJARAMA,
RETIRED NIGHT WATCHMAN, (SANCTIONED POST),
(DATE OF RETIREMENT: 31.07.2020),
OFFICE OF THE ASSISTANT DIRECTOR (GR-1),
SOCIAL WELFARE DEPARTMENT, RAIBAG 591317,
RESIDENT OF DASARAKODI, NILOGI POST,
RAIBAG TALUK, BELGAUM DISTRICT-591317.
9. SRI. NARAYAN SHANKAR NIKAM,
AGED ABOUT 61 YEARS, S/O. SRI SHANKAR NIKAM,
WORKING AS PEON, OFFICE OF THE CHIEF ENGINEER,
KNN LIMITED (NORTH), BELGAUM -590001,
(DATE OF RETIREMENT 31.05.2021),
RESIDING AT NILAJI AND POST,
RAIBAG TALUK, RAIBAG 591317.
- 19 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
10. SRI. SHANTAVEERAIAH REVANNAIAH HIREMATH,
AGED ABOUT 61 YEARS, S/O. SRI REVANAIAH,
WORKING AS WATCHMAN (SANCTIONED POST),
(DATE OF RETIREMENT: 31.05.2021),
OFFICE OF THE EXECUTIVE ENGINEER, MBC DIVISION,
BAGALAKOTE - 587101. RESIDENT OF ITNAL,
RAIBAG TALUK, BELGAUM DISTRICT-591 114.
11. SRI. JOTEPPA BABU BARAGE,
AGED ABOUT 56 YEARS, S/O.SRI. BABU,
RETIRED AS WATCHMAN (SANCTIONED POST),
(DATE OF RETIREMENT 31.05.2021)
OFFICE OF THE SUPERINTENDENT ENGINEER,
REHABILATION AND RECONSTRUCTION CIRCLE OFFICE,
ATHANI, ATHANI TALUK, BELGAUM DISTRICT-591304.
RESIDENT OF KEMPATTI POST, CHIKKODI TALUK,
BELGAUM DISTRICT-591213.
12. SRI. DUNDAPPA HANUMANTHA TIGADI,
AGED ABOUT 71 YEARS, S/O. HANUMANTHA,
RETIRED HEAVY MAZDOOR,
(DATE OF RETIREMENT 31.07.2007),
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
G.L.B.C. SUB DN.NO.3, KNN LIMITED,
KANKANAWADI, BELGAUM DISTRICT-591222.
RESIDING AT KALLOLI, MUDALAGI TALUK,
BELGAUM DISTRICT-591224.
13. SRI BHARMAPPA GANGAPPA GASTI,
AGED ABOUT 62 YEARS, S/O. SRI GANGAPPA,
RETIRED ATTENDAR (SANCTIONED POST),
(DATE OF RETIREMENT:31.05.2020),
OFFICE OF THE VETERINARY HOSPITAL,
DEPARTMENT OF VETERINARY, SHEDBAL,
BELGAUM DISTRICT - 591315, RESIDENT OF MUGHALKHOD,
RAIBAG TALUK, BELGAUM DISTRICT-591235.
14. SRI. KENCHAPPA MURIGEPPA SHEGUNSHI,
AGED ABOUT 63 YEARS, S/O. SRI MURIGEPPA,
RETIRED HEAVY MAZDOOR (SANCTIONED POST),
(DATE OF RETIREMENT : 30.09.2018),
VETERINARY HOSPITAL, NASLAPUR, RAIBAG TALUK,
BELGAUM DISTRICT 591213, RESIDENT OF MUGHALKHOD,
RAIBAG TALUK, BELGAUM DISTRICT-591235.
- 20 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
15. THE MANAGING DIRECTOR,
KARNATAKA NEERAVARI NIGAMA LTD.,
4TH FLOOR, NO.1, COFFEE BOARD BUILDING,
DR. AMBEDKAR VEEDHI, BANGALORE 560001.
16. THE CHIEF ENGINEER, IRRIGATION (NORTH),
K.N.N. LIMITED, BELGAUM 590001.
17. THE SUPERINTENDENT ENGINEER,
G.L.B.C. CIRCLE, K.N.N.LIMITED,
JAMAKHANDI, BAGALKOT DISTRICT 587121.
18. THE EXECUTIVE ENGINEER,
G.L.B.C. DIVISION NO.1, K.N.N. LIMITED,
GHATAPRABHA, BELGAUM DISTRICT 591306,
19. THE ASSISTANT EXECUTIVE ENGINEER,
G.L.B.C. SUB DIVISION NO.2, K.N.N. LIMITED,
RAIBAG, BELGAUM DISTRICT 591317.
20. THE ASSISTANT EXECUTIVE ENGINEER,
MECHANICAL SUB DIVISION, YARAMUS CAMP,
RAICHUR DISTRICT 584135.
21. THE ASSISTANT EXECUTIVE ENGINEER,
G.L.B.C. SUB DN. NO.3, KNN LIMITED,
KANKANAWADI, BELGAUM DISTRICT 591222.
22. OFFICE OF THE EXECUTIVE ENGINEER,
MBC DIVISION, BAGALAKOTE 587101.
- RESPONDENTS
(BY SRI. P. RAJASHEKAR AND
SRI R. NAVEEN KUMAR, ADVOCATES FOR R1 TO R14,
SRI S.M. KALWAD, ADVOCATE FOR R15 TO R22)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
18.07.2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BELAGAVI IN APPLICATION NOS. 10533-10546/2021
(ANNEXURE-C TO THE WRIT PETITION) & ETC.
- 21 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
IN WP 101706/2023
BETWEEN:
1. THE MANAGING DIRECTOR,
KARNATAKA NEERAVARI NIGAM LTD.,
4TH FLOOR, NO.1, COFFE BOARD BUILDING,
DR. AMBEDKAR VEEDHI, BENGALURU-560001.
2. THE CHIEF ENGINEER, IIRRIGATION (NORTH),
KNNL LTD., BELAGAVI 590019.
3. THESUPERINTENDENT ENGINEER,
GLBC CIRCLE, KNNL LTD., JAMAKHANDI,
DIST. BAGALKOT 587121.
4. THE EXECUTIVE ENGINEER,
GLBC DIVISION NO.1 KNNL LTD.,
GHATAPRABHA, DIST. BELAGAVI 591306.
5. THE ASSISTANT EXECUTIVE ENGINEER.
GLBC DIVISION NO.2, KNNL LTD., RAIBAG,
DIST. BELAGAVI 591317.
6. THE ASSISTANT EXECUTIVE ENGINEER,
GLBC DIVISION NO.3, KNNL LTD.,
KANKANAWADI, DIST. BELAGAVI 59122.
- PETITIONERS
(BY SRI. S M KALWAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PUBLIC WORKS,
VIKASA SOUDHA, BENGALURU 560001.
2. THE STATE OF KARNATAKA BY IS PRINCIPAL SECRETRY,
IRRIGATION DEPARTMENT,
VIKASA SOUDHA, BENGALURU 560001.
3. THE CHIEF ENGINEER,
COMMINICATIONS AND BUILDINGS (SOUTH),
ANAND RAO CIRCLE, BENGALURU - 560009.
4. THE ASSISTANT EXECUTIVE ENGINEER,
- 22 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
MECHANICAL SUB DIVISION, YARAMUS CAMP,
DIST. RAICHUR 584135.
5. THE ASSISTNAT DIRECTOR (GR-1),
SOCIAL WELFARE DEPARTMENT,
RAIBAG, DIST. BELAGAVI 591317.
6. THE DEPUTY DIRECTOR,
DEPARTMENT OF ANIMAL HUSBANDRY & VETERINARY
SERVICES, OPPOSITE SANMAN HOTEL, KHADE BAZAAR,
REVIWR PETH, BELAGAVI 590001.
7. THE VETERINARY MEDICAL OFFICER,
VETERINARY HOSPITAL, HUKKERI,
DIST. BELAGAVI 591309.
8. THE VETERINARY MEDICAL OFFICER,
VETERINARY HOSPITAL, MUDALAGI,
TQ. GOKAK, DIST. BELAGAVI 501312.
9. OFFICE OF THE EXECUTIVE ENGINEER,
MBC DIVISION, BAGALKOT 587101.
10. THE SUPERINTENDENT ENGINEER,
REHABILIATIONA ND RECONSTRUCTION, CIRCLE OFFICE,
ATHANI, TQ. ATHANI, DIST. BELAGAVI 591304.
11. THE VETERINARY MEDICAL OFFICER, VETERINARY
HOSPITAL, SHEDBAL, DIST. BELAGVI 591315.
12. THE VETERINARY MEDICAL OFFICER,
VETERINARY HOSPITAL NASLAPUR,
TQ. RAIBAG, DIST. BELAGAVI 591213.
13. THE ACCOUNTANT GENERAL IN KARNATAKA (A & E),
PARK HOUSE ROAD, BENGALURU 560001.
14. SRI SHRIDHAR S/O SAMBAJI JADHAV,
AGE: 63 YEARS, OCC. PATKARI,
(DATE OF RETIREMENT 30.09.2018),
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
GLBC SUB DIVISION NO.2, KNNL RAIBAG,
DIST. BELAGAVI 591317, R/O. DESAI PLOT,
HUBLI BUILDING, KEB ROAD, RAIBAG,
DIST. BELAGAVI 591317.
- 23 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
15. SRI. ASHOK BHUPAL KOLI S/O SRI BHOPAL,
AGE. 66 YEARS, OCC. RETIRED AS HEAVY MAZDOOR,
(BARI COOLIE), (DATE OF RETIREMENT 31.05.2016),
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
GLBC SUB-DIVISON NO.2, KNNL, RAIBAG,
DIST. BELAGAVI 591317, R/O. KERUR VILLAGE,
TQ. CHIKKODI, DIST. BELAGAVI 591213.
16. SRI. MEERASAB MOHAMADSAB MULLA,
S/O SRI. MD. SAB, AGE. 69 YEARS, RETIRED AS WATCHMAN,
(DATE OF RETIREMENT 31.05.2012), OFFICE OF THE
ASSISTANT EXECUTIVE ENGINEER, MECHANICAL
SUB-DIVISION, YARAMUS CAMP, DIST. RAICHUR 584134,
R/O.KERUR, TQ. CHIKKODI, DIST. BELAGAVI 591213.
17. SRI MALLAPPA BASAPPA NAVI S/O SRI BASAPPA,
AGE: 61 YEARS, RETIRED AS HEAVY MAZDOOR,
(DATE OF RETIREMENT 30.06.2020)
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
GLBC SUB DIVISION NO.3, KNNL, KANKANAWADI,
DIST. BELAGAVI-591222, R/O KEB PLOT, MUDALAGI,
TQ. MUDALGI, DIST. BELAGAVI-591213.
18. SRI TAMANNA AMOGHA SIDDA ODEAR,
S/O SRI AMOGHA SIDDA, AGE 67 YEARS,
RETIRED AS PATKARI (MRE), (DATE OF RETIREMENT
30.06.2020), OFFICE OF THE ASSISTANT EXECUTIVE
ENGINEER, GLBC SUB DIVISION NO.3, KNNL, KANKANAWADI,
DIST. BELAGAVI-591222, R/O BETAGERI, TQ. GOKAK,
DIST. BELAGAVI-582102.
19. SRI BALASAB HUSSAINSAB TAHSILDAR,
S/O SRI. HUSSAIN SAB, AGE. 61 YEARS,
RETIRED AS GROUP-D EMPLOYEE,
(DATE OF RETIREMENT 31.05.2020) VETERINARY HOSPITAL,
HUKKERI, DIST. BELAGAVI-591309,
R/O NEAR LAKSHMI TEMPLE, DIST. BELAGAVI-591309.
20. SRI CHANDRAPPA RANGAPPA MADAR,
S/O SRI RANGAPPA, AGE.63 YEARS,
RETIRED AS WATCHMAN AGAINST SANCTIONED POST,
(DATED OF RETIREMENT 31.05.2018),
VETERINARY HOSPITAL, MUDALAGI, TQ. GOKAK,
DIST.BELAGAVI-501312, R/O KHANATTI, TQ.GOKAK,
DIST. BELAGAVI-591312.
- 24 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
21. SRI MAHASHINGA RAJARAMA KADAPURE,
S/O SRI RAJARAMA, AGE. 61 YEARS,
RETIRED AS NIGHT WATCHMAN (SANCTIONED POST)
(DATE OF RETIREMENT31.07.2020)
OFFICE OF THE ASSISTANT DIRECTOR (GR-1),
SOCIAL WELFARE DEPARTMENT, RAIBAG-591317
R/O DASARAKODI, NILAGI POST, TQ. RAIBAG,
DIST. BELAGAVI-591317.
22. SRI NARAYAN SHANKAR NIKAM,
S/O SRI SHANKAR NIKAM, AGE.61 YEARS,
RETIRED AS PEON, OFFICE OF THE CHIEF ENGINEER,
KNNL(NORTH) BELAGAVI-590001,
(DATE OF RETIREMENT 31.05.2021), R/O NILAJI AND POST,
TQ. RAIBAG, DIST. RAIBAG-591317.
23. SRI SHANTAVEERAIAH REVANNAIAH HIREMATH,
S/O SRI REVANAIAH, AGE: 61 YEARS,
RETIRED AS WATCHMAN (SANCTIONED POST),
DATE OF RETIREMENT31.05.2021),
OFFICE OF THE EXECUTIVE ENGINEER,
MBC DIVISION, BAALKOT-587101, R/O ITNAL,
TQ. RAIBAG, DIST. BELAGAVI-591114.
24. SRI JOTEPPA BABU BARAGE S/O SRI BABU,
AGE. 56 YEARS, RETIRED AS WATCHMAN,
(SANCTIONED POST), (DATED OF RETIREMENT 31.05.2021),
OFFICE OF THE SUPERINTENDENT ENGINEER,
REHABILATION AND RECONSTRUCTION CIRCLE OFFICE,
ATHANI, TQ. ATHANI, DIST. BELAGAVI-591304,
R/O KEMPATTI POST, TQ. CHIKKODI, DIST. BELAGAVI-591213.
25. SRI DUNDAPPA HANUMANTHA TIGADI,
S/O SRI HANUMANTHA, AGE.71 YEARS,
RETIRED AS HEAVY MAZDOOR,
(DATE OF RETIREMENT 31.07.2007),
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
GLBC SUB DIVISION NO.3, KNNL, KANKANAWADI,
DIST. BELAGAVI-591222, R/O KALLOLI,
TQ. MUDALAGI, DIST. BELAGAVI-591224.
26. SRI BHARAMAPPA GANGAPPA GASTI,
S/O SRI GANGAPPA, AGE. 62 YEARS,
RETIRED AS ATTENDER, (SANCTIONED POST),
(DATE OF RETIREMENT 31.05.2020),
- 25 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
OFFICE OF THE VETERINARY HOSPITAL,
DEPARTMENT OF VETERINARY HOSPITAL,
SHEDBAL, DIST. BELAGAVI-591315, R/O MUGHALKHOD,
TQ. RAIBAG, DIST. BELAGAVI-591235.
27. SRI KENCHAPPA MURIGEPPA SHEGUNSHI,
S/O SHRI. MURIGEPPA, AGE.63 YEARS,
RETIRED AS HEAVY MAZDOOR (SANCTIONED POST),
(DATE OF RETIREMENT 30-09-2018),
VETIRINARY HOSPITAL, NASLAPUR, TQ. RAIBAG,
DIST. BELAGAVI-591213, R/O MUGHALKHOD,
TQ. RAIBAG, DIST. BELAGAVI-591235.
- RESPONDENTS
(BY SRI. G.K. HIREGOUDAR,
PRINCIPAL GOVERNMENT ADVOCATE FOR STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
18.07.2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BELAGAVI IN APPLICATION NOS. 10533-10546/2021
(ANNEXURE-A TO THE WRIT PETITION) & ETC.
IN WP 101727/2023
BETWEEN:
1. THE MANAGING DIRECTOR,
KARNATAKA NEERAVARI NIGAM LTD.,
4TH FLOOR, NO.1, COFFE BOARD BUILDING,
DR. AMBEDKAR VEEDHI, BENGALURU-560001.
2. THE CHIEF ENGINEER, IIRRIGATION DEPARTMENT,
KNNL LTD., BELAGAVI 590001.
3. THESUPERINTENDENT ENGINEER,
GLBC CIRCLE, KNNL LTD., JAMAKHANDI,
DIST. BAGALKOT 587301.
4. THE EXECUTIVE ENGINEER,
GLBC DIVISION NO.1 KNNL LTD.,
GHATAPRABHA, DIST. BELAGAVI 591306.
5. THE ASSISTANT EXECUTIVE ENGINEER.
GLBC DIVISION NO.2, KNNL LTD., RAIBAG,
DIST. BELAGAVI 591222.
- 26 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
6. THE ASSISTANT EXECUTIVE ENGINEER,
GLBC, DIVISION NO.3, KNNL LTD.,
KANKANAWADI, DIST. BELAGAVI 59122.
- PETITIONERS
(BY SRI. S.M. KALWAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PUBLIC WORKS,
VIKASA SOUDHA, BENGALURU 560001.
2. THE STATE OF KARNATAKA BY IS PRINCIPALS ECRETRY,
IRRIGATION DEPARTMENT,
VIKASA SOUDHA, BENGALURU 560001.
3. THE CHIEF ENGINEER,
COMMINICATIONS AND BUILDINGS (SOUTH),
ANAND RAO CIRCLE, BENGALURU - 560009.
4. THE ACCOUNTANT GENERAL IN KARNATAKA,
ACCOUNT GENERAL (A AND E), PARK HOUSE,
DIST: BENGALURU-560001.
5. SMT. MAHADEVI PRABHU KULALI,
W/O LATE SRI P.G. KULALI, AGE: 54 YEARS,
OCC.: HEAVY MAZDOOR, R/O: PATAGUNDI VILLAGE,
TA: GOKAK, DIST: BELAGAVI-591222, OFFICE OF THE
ASSISTANT EXECUTIVE ENGINEER, SUB-DIVISION NO. 3,
KNNL, KANAKAWADI, TQ: RAIBAG, DIST: BELAGAVI-591 310.
LEGAL HEIR AND WIFE OF SRI PRABHU GANGAPPA KULALI,
S/O SRI GANGAPPA, WAS WORKING AS HEAVY MAZDOOR,
(DIED ON 03.09.2006 WHILE IN SERVICE), OFFICE OF
ASSISTANT EXECUTIVE ENGINEER, GLBC SUB-DIVISION
NO.3, KNNL, KANAKAWADI, TQ: RAIBAG,
DIST: BELAGAVI-591222.
6. SMT. YELLAVVA RAMAPPA HALLUR,
W/O RAMAPPA LAXMAN HALLUR,
AGE: 50 YEARS, OCC.: HEAVY MAZDOOR, R/O KAMBLI PLOT,
GURLAPUR, TQ: GOKAK, DIST: BELAGAVI-591312, LEGAL
HEIR AND WIFE OF SRI RAMAPPA LAXMAN HALLUR,
S/O SRI. LAXMAN, OFFICE OF ASSISTANT EXECUTIVE
ENGINEER, SUB-DIVISION NO. 3, KNNL, KANAKAWADI,
TQ: RAIBAG, DIST: BELAGAVI-591312.
LEGAL HEIR AND WIFE OF SRI RAMAPPA LAXMAN HALLUR,
- 27 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
S/O SRI. LAXMAN, WAS WORKING AS HEAVY MAZDOOR,
OFFICE OF ASSISTANT EXECUTIVE ENGINEER,
GLBC SUB-DIVISION NO. 3, KNNL, KANAKAWADI,
TQ: RAIBAG, DIST: BELAGAVI-591222.
7. SMT. GANANGAVVA L AKKINAVAR,
W/O SRI.. L U AKKINAVARA, AGE: 56 YEARS,
OCC-:HEAVY MAZDOOR, R/O:KALLOLLI VILLAGE,
TQ: GOKAK, DIST- BELAGAVI-591224,
LEGAL HEIR AND WIFE OF SRI. LAXMAN UDDAPPA
AKKINAVAR S/O SRI. UDDAPPA, OFFICE OF THE
ASSITANT EXECUTIVE ENGINEER, SUB DIVISION NO.1,
KNNL, GHATAPRABHA, TQ:GOKAK, DIST: BELAGAVI-591306.
LEGAL HEIR AND WIFE OF SRI. LAXMAN UDDAPPA
AKKINAVAR S/O. SRI. UDDAPPA, WAS WORKING AS HEAVY
MAZDOOR, (DIED ON 28.07.2017 WHILE IN SERVICE),
OFFICE OF ASSISTANT EXECUTIVE ENGINEER,
GLBC SUB-DIVISION NO.1, KNNL, GHATAPRABHA,
GOKAK TALUK, BELGAUM DISTRICT-5991306.
8. SMT. RUKAMAVVA B KUDACHI W/O SRI. B S KUDACHI,
AGE: 56 YEARS, OCC: HEAVY MAZDOOR,
R/O:HANUMAPURATTI, KALLOLI POST, TQ- MUDALAGI,
DIST- BELAGAVI-591224, LEGAL HEIR AND WIFE OF
SRI. BASAPPA SANGAPPA KIDACHI S/O SRI. SANGAPPA,
WAS WORKING AS HEAVY MAZDOOR, (DIED ON 18.11.2020),
OFFICE OF ASSISTANT EXECUTIVE ENGINEER,
GLBC SUB-DIVISION NO,3, KNNL, KANKAWADI,
RAIBAG TALUK, BELGAUM DISTRICT-591222.
9. SMT. MANGALA B KUTOLI W/O SRI. B G KUTOLI,
AGE: 41 YEARS, R/O: RAIBAG RAILWAY STATION,
TQ: RAIBAG, DIST: BELAGAVI-591317, LEGAL HEIR AND WIFE
OF SRI. B. G. KUTOLI S/O SRI. GURUBASAPPA, OFFICE OF
THE ASSISTANT EXECUTIVE ENGINEER, SUB-DIVISION NO.2,
KNNL, TQ:RAIBAG, DIST: BELAGAVI -591312..
10. SRI. RAMESH DENAPPA GHASTI S/O LATE SRI. R D GASTI,
AGE:28 YEARS, R/O: NIPANAL, TQ:RAIBAG,
DIST: BELAGAVI-591222, LEGAL REPRESENTATIVE AND SON
OF SRI. DEVENDRA MALLAPPA GASTI S/O SRI. MALLAPPA,
WAS WORKING AS GROUP-D EMPLOYEE (DIED WHILE IN
SERVICE ON 12.12.2010), OFFICE OF THE ASSISTANT
EXECUTIVE ENGINEER, SUB-DIVISION NO.3, KNNL,
KANKANAWADI, TQ: RAIBAG, DIST:BELAGAVI-591222.
- 28 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
11. SMT. SHANKRAVVA LAXMANA GADADI,
W/O LATE SRI. L K GADADI, AGE:61 YEARS,
R/O: NEAR GOVERNMENT HOSPITAL,
TUKKANATTI VILLAGE, TQ: GOKAK, DIST: BELAGAVI-591224,
LEGAL REPRESENTATIVE AND WIFE OF SRI. LAKSHAMANA
KALLAPPA GADADI S/O SRI. KALLAPPA, RETIRED HEAVY
MAZDOOR,(DIED AFTER RETIREMENT ON 05.02.2020),
SUB-DIVISION NO.3, KNNL, KANKANAWADI,
TQ:RAIBAG, DIST:BELAGAVI-591222.
- RESPONDENTS
(BY SRI. P. RAJASHEKHAR, R. NAVEEN KUMAR
AND S.S. KOLIWAD, ADVOCATES FOR C/R5, R6 AND R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
18.07.2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BELAGAVI IN APPLICATION NOS. 10547-10553/2021
(ANNEXURE-A TO THE WRIT PETITION) & ETC.
IN W.P. 101729/2023
BETWEEN:
1. THE MANAGING DIRECTOR,
KARNATAKA NEERAVARI NIGAM LTD.,
4TH FLOOR, NO.1, COFFEE BOARD BUILDING,
DR. AMBEDKAR VEEDHI, BENGALURU - 560001.
2. THE CHIEF ENGINEER, IRRIGATION (NORTH),
KNNL LTD., BELAGAVI-590019.
3. THE SUPERINTENDING ENGINEER,
GLBC, CIRCLE NO.1, JAMAKHANDI, DIST: BEGALKOT-597301.
4. THE EXECUTIVE ENGINEER, DIVISION NO. 1, KNNL,
GLBC, GHATAPRABHA, DIST: BELGAVI-591306.
5. THE ASSISTANT EXECUTIVE ENGINEER,
GLBC, GHATAPRABHA, DIST: BELAGAVI-591306.
- PETITIONERS
(BY SRI. S.M. KALWAD, ADVOCATE)
AND:
- 29 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PUBLIC WORKS,
VIKASA SOUDHA, BENGALURU - 560001.
2. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY,
IRRIGATION DEPARTMENT, VIKASA SOUDHA,
BENGALURU-560001.
3. THE CHIEF ENGINEER,
COMMUNICATIONS AND BUILDINGS (SOUTH),
ANAND RAO CIRCLE, BENGALURU-560009.
4. THE ACCOUNTANT GENERAL IN KARNATAKA (A AND E),
PRAK HOUSE ROAD, BENGALURU-560001.
5. SRI. ASHOK BALARAM BANGE S/O SRI. BALARAM,
AGE: 66 YEARS, OCC: RETIRED AS PATKARI,
(DATE OF RETIREMENT: 31.05.2015), OFFICE OF THE
ASSISTANT EXECUTIVE ENGINEER, GLBC, SUB-DIVISION
NO.2, KNNL, RAIBAG, DIST:BELGAUM-591317,
R/O: HIRKODI VILLAGE AND POST,
TQ: CHIKKODI, DIST: BELAGUM-591247.
- RESPONDENTS
(BY SRI.G .K. HIREGOUDAR,
PRINCIPAL GOVERNMENT ADVOCATE FOR STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
18.07.2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BELAGAVI IN APPLICATION NO. 10411/2021 (ANNEXURE-A TO
THE WRIT PETITION) & ETC.
IN WP 101754/2023
BETWEEN:
1. THE EXECUTIVE ENGINEER,
DIVISION NO.1, KNNL, GLBC, GHATAPRABHA,
DIST. BELAGAVI-591307.
2. THE SUPERINTENDING ENGINEER,
GLBC, CIRCLE NO.1, JAMKHANDI,
DIST. BAGALKOT-587301
- PETITIONERS
(BY SRI. S.M. KALWAD, ADVOCATE)
- 30 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
AND:
1. THE PRINCIPAL SECRETARY
DEPARTMENT OF WATER RESOURCES,
VIKASA SOUDHA, VIDHANA VEEDHI, BENGALURU-560001.
2. THE CHIEF ENGINEER, NORTH REGION,
CHENNAMMA CIRCLE, CLUB ROAD, BELAGAVI-590005.
3. SRI. RUDRAPPA IRAPPA NESARGI,
S/O. SRI. IRAPPA M. NESARGI, AGE. 59 YEARS, OCC. FDA,
AT OFFICE OF TAHASILDAR, GOKAK, DIST. BELAGAVI,
R/O. GOKAK, DIST. BELAGAVI-591307.
4. SRI. BASALINGAPPA SATHYAPPA DANIHAL
S/O. SATHYAPPA DANIHAL, AGE: 59 YEARS,
OCC.: FDA, AT NADA KACHERI, DEPUTY TAHASILDAR,
KUDACHI, TQ. RAIBAG, DIST. BELAGAVI, R/O. KUDACHI,
TQ. RAIBAG, DIST. BELAGAVI-591307.
- RESPONDENTS
(BY SRI. G. K. HIREGOUDAR,
PRINCIPAL GOVERNMENT ADVOCATE FOR STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
18.07.2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BELAGAVI IN APPLICATION NO. 10592/2021 (ANNEXURE-A TO
THE WRIT PETITION) & ETC.
IN WP 101763/2023
BETWEEN:
1. THE MANAGING DIRECTOR,
KARNATAKA NEERAVARI NIGAM LTD.,
4TH FLOOR, NO.1, COFFEE BOARD BUILDING,
DR. AMBEDKAR VEEDHI, BENGALURU -560001.
2. THE CHIEF ENGINEER,
IRRIGATION (NORTH), KNNL LTD.,
BELAGAVI-590019.
3. THE SUPERINTENDENT ENGINEER,
GLBC CIRCLE, KNNL LTD., JAMAKHANDI,
DIST: BEGALKOT-587121.
- 31 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
4. THE EXECUTIVE ENGINEER,
REHABILITATION AND RECONSTRUCTION DIVISION,
DIST: BELAGAVI-591304.
5. THE ASSISTANT EXECUTIVE ENGINEER,
GLBC, SUB-DIVISION NO.1, KNNL,
GHATAPRABHA, DIST: BELAGAVI-591306.
6. THE ASSITANT EXECUTIVE ENGINEER,
GLBC, SUB-DIVISION NO.6, KNNL,
RABAKAVI, JAMKHANDI TQ, DIST: BAGALKOT-591306.
7. THE ASSISTANT EXECUTIVE ENGINEER,
REHABILITATION AND RECONSTRUCTION,
SUB-DIV. NO.2, AINAPURA, TQ:ATHANI,
DIST: BELAGUM-591303.
8. THE SUPERINTENDENT ENGINEER,
REHABILITATION AND RECONSTRICTION,
ATHANI CIRCLE, DIST.: BELAGUM - 591304.
9. THE ASSITANT EXECUTIVE ENGINEER,
GLBC, SUB-DIVISION NO.3, KNNL,
KANKANAWADI, DIST.: BELAGUM-591222.
10. THE ASSISTANT EXECUTIVE ENGINEER,
SUB-DIVISION NO.4, KNNL, KUDACHI,
RAIBAG TQ, DIST.: BELAGUM-591306.
11. THE ASSISTANT EXECUTIVE ENGINEER,
REHABILITATION AND RECONSTRICTION,
SUB-DIVISION, ATHANI, DIST.:BELAGUM-591304.
- PETITIONERS
(BY SRI. S.M. KALWAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PUBLIC WORKS,
VIKASA SOUDHA, BENGALURU - 560001.
2. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY,
IRRIGATION DEPARTMENT, VIKASA SOUDHA,
BANGALORE - 560001.
- 32 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
3. THE CHIEF ENGINEER,
COMMUNICATIONS AND BUILDINGS (SOUTH),
ANAND RAO CIRCLE, BANGALORE - 560009.
4. THE ASSISTANT EXECUTIVE ENGINEER,
MINOR IRRIGATION SUB-DIVISION,
DIST: BELGAUM-591226.
5. THE VETERINARY MEDICAL OFFICER,
GOVERNMENT AYURVDA HOSPIRAL,
MAZALATTI, TQ: CHIKKODI, DIST: BELGAUM-591226.
6. THE ASSISTANT DIRECTOR OF HORTICULTURE,
RAIBAG, TQ: RAIBAG, DIST: BELGAUM,
PIN CODE: 591317.
7. THE ASSISTANT DIRECTOR,
DEPARTMENT OF ANIMAL HUSBANDRY &
VETERINARY SERVICES, KOLIGUDDA,
TQ: RAIBAG, DIST: BELGAUM-591 220.
8. THE ASSISTANT EXECUTIVE ENGINEER,
MINOR IRRIGATION SUB-DIVISION,
DIST: BELGAUM-590 001.
9. SRI. SHIVAGOWDA LAKMAGOWDA PATIL,
S/O SRI. LAKAMA GOWDA, AGE: 57 YEARS,
OCC: WORKING AS PATKARI, OFFICE OF THE
ASSISTANT EXECUTIVE ENGINEER,
MINOR IRRIGATION SUB-DIVISION, ATHANI,
DIST: BELGAUM-591304, R/O:KERUR, TQ: CHIKKODI,
DIST: BELGAUM-587206.
10. SRI. HALAPPA LAXMAN KESARAGOPPA,
S/O SRI. LAKSHMAN, AGE : 55 YEARS,
OCC: PATAKARI, R/O:KALLI STOP, ANKALI ROAD,
TQ:RAIBAG, PINCODE: 581318, OFFICE OF
THE ASSISTANT EXECUTIVE ENGINEER,
MINOR IRRIGATION SUB-DIVISION, ATHANI,
DIST: BELGAUM-591304.
11. SRI. UDAYAKUMAR SHIVARAM SAGAR
S/O SRI. SHIVARAM, AGE: 59 YEARS,
OCC: PATKARI, OFFICE OF THE
ASSISTANT EXECUTIVE ENGINEER,
- 33 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
MINOR IRRIGATION SUB-DIVISION, ATHANI,
DIST: BELGAUM-591304. R/O:HIREKODI, TQ:CHIKKODI,
DIST: BELGAUM-591427.
12. SRI. RAMAGOWDA BHIMAGOWDA PATIL,
S/O SRI. BHEEMAGOWDA, AGE: 59 YEARS,
OCC: PATKARI, OFFICE OF THE
ASSISTANT EXECUTIVE ENGINEER,
MINOR IRRIGATION SUB-DIVISION, BELGAUM,
DIST: BELGAUM-590001, R/O: KERUR, TQ:CHIKKODI,
DIST: BELGAUM-591247.
13. SRI. ASHOK S/O YELLAPPA KAMBLE,
AGE: 55 YEARS, OCC: PATKARI,
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
GLBC, SUB-DIVISION NO.1, KNNL, KUDACHI,
DIST:BELGAUM-591311, R/O: BELAVI POST,
TQ:HUKKERI, DIST:BELGAUM-572107.
14. SRI. LAGMA S/O PUNDALIKA DALE,
AGE:58 YEARS, OCC: WATCHMAN,
GOVERNMENT AYURVEDA HOSPITAL, MAZALATTI,
TQ:CHIKKODI, DIST:BELGAUM-591226.
R/O:INDIRANAGARA, A/P: CHIKKODI, TQ: CHIKKODI,
DIST :BELGAUM, PIN CODE: 591201.
15. SRI. SADASHIV S/O DUNDAPPA PATIL,
AGE: 58 YEARS, OCC: PATKARI,
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
KNNL, SUB-DIVISION NO.6, RABAKAVI, TQ: JAMAKHANDI,
DIST: BAGALKOTE, PINCODE-587314, R/O:KERUR POST,
TQ: CHIKKODI, DIST:BELGAUM-587206.
16. SRI. MAHADEV S/O MAHALING CHOWGLE,
AGE: 56 YEARS, OCC: PATKARI, OFFICE OF
THE ASSISTANT EXECUTIVE ENGINEER,
KNNL, SUB-DIVISION NO.6, RABAKAVI,
TQ: JAMAKHANDI, DIST: BAGALKOTE,
PINCODE-587314, R/O:RAIBAG POST, TQ: RAIBAG,
DIST:BELGAUM-591317.
17. SRI. SHIRMANTH SIDRAM BILAGI,
AGE: 54 YEARS, OCC: WATCHMAN,
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
REHABILITATION & RECONSTRUCTION,
- 34 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
SUB-DIVISION NO.2, AINAPURA, TQ: ATHANI,
DIST: BELGAUM-591303. R/O:RAIBAG POST,
TQ:RAIBAG, DIST:BELGAUM-591317.
18. SRI. APPASAB S/O RAJARAM HOLAKAR,
AGE;57 YEARS, OCC: HEAVY MAZDOOR, (BARI COOLIE),
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
REHABILITATION & RECONSTRUCTION SUB-DIVISION,
ATHANI, TQ: ATHANI, DIST:BELGAUM-591311,
R/O: BELAVI POST, TQ: HUKKERI, DIST: BELGAUM-572107.
19. SRI. SHIVAJI SHANKAR MALI,
S/O SRI. SHANKAR, AGE: 57 YEARS,
OCC: WORKING AS WATCHMAN (SANCTIONED POST),
OFFICE OF THE SUPERINTENDENT ENGINEER,
REHABILITATION & RECONSTRUCTION CIRCLE OFFICE,
ATHANI, TQ: ATHANI, DIST: BELGAUM-591304.
R/O: KEMPATTI POST, TQ: CHIKKODI, TQ: ATHANI,
DIST: BELGAUM-591213.
20. SMT. LAGAMAVVA LAXMAN KAMBLE,
W/O SRI. LAKSHMANA, AGE: 58 YEARS,
OCC: WORKING AS SIPAYI (SANCTIONED POST),
OFFICE OF THE DIRECTOR OF HOLTICULTURE,
RAIBAG, DIST:BELGAUM-591317, R/O: BIRNAL POST,
TQ: RAIBAG, DIST:BELGAUM-591317.
21. SRI. MAHADEV YELLAPPA KESARAGOPPA,
S/O SRI. YELLAPPA, AGE: 60 YEARS,
OCC: WORKING AS WATCHMAN (SANCTIONED POST),
OFFICE OF THE SUPERINTENDENT ENGINEER,
REHABILITATION & RECONSTRUCTION CIRCLE, ATHANI,
DIST:BELGAUM-591304, R/O:NIPANAL POST, TQ: RAIBAG,
DIST:BELGAUM-591222..
22. SRI. SIDDAPPA MELAPPA SANADI,
S/O SRI. SHANKAR, AGE: 58 YEARS,
OCC: WORKING AS WATCHMAN (SANCTIONED POST),
OFFICE OF THE SUPERINTENDENT ENGINEER,
REHABILITATION & RECONSTRUCTION CIRCLE,
ATHANI, DIST:BELGAUM-591304, R/O:NIPANAL,
POST, TQ: RAIBAG, DIST:BELGAUM-591222..
23. SRI. MAHADEV YELLAPPA TAPALDAR,
S/O SRI. YELLAPPA, AGE:56 YEARS,
- 35 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
OCC: WORKING AS WATCHMAN (SANCTIONED POST),
OFFICE OF THE EXECUTIVE ENGINEER,
REHABILITATION & RECONSTRUCTION DIVISION,
ATHANI, DIST:BELGAUM-591304,
R/O:GULAPUR POST, KAMBLI PLOT,
TQ: MUDALAGI, DIST:BELGAUM-591312.
24. SRI. GANAPATHY LAXMAN MAHIMAGOL,
S/O SRI. LAXMAN, AGE: 58 YEARS,
OCC: WORKING AS HEAVY MAZDOOR, R/O:NIPANAL POST,
TQ: RAIBAG, DIST:BELGAUM-591222.
25. SRI. MAHADEV RAMAPPA PADATARI,
S/O SRI. RAMAPPA, AGE:56 TEARS,
OCC: WORKING AS HEAVY MAZDOOR, R/O NIPANAL POST,
TQ:RAIBAG, DIST:BELGAUM-591222.
26 SRI. PAVADI DAREPPA PIDAI,
S/O SRI. DAREPPA, AGE: 57 YEARS,
OCC: WORKING AS BARI COOLI (MRE),
R/O:KANKANAWADI POST, TQ: RAIBAG,
DIST:BELGAUM-591222.
27. SRI. LAXMAN MELLAPPA SANADI,
S/O SRI. RAMAPPA, AGE:60 YEARS,
OCC: WORKING AS HEAVY MAZDOOR (MRE),
R/O:NIPANAL POST, TQ: RAIBAG, DIST:BELGAUM-591222.
28. SRI. SRIKANTH PARASAPPA KWANYAGOL,
S/O SRI. PARASAPPA, AGE: 55 YEARS,
OCC: WORKING AS HEAVY MAZDOOR (MRE),
R/O:NIPANAL POST, TQ: RAIBAG, DIST:BELGAUM-591222.
29. SRI. SIKANDAR DADASAB SHILLED,
S/O SRI. DADASAB, AGE: 57 YEARS,
OCC: WORKING AS BARI COOLI (MRE), R/O:TUKKANATTI
POST, TQ: MUDALAGI, DIST:BELGAUM-591224.
30. SRI. REVAPPA SANNAPPA BALLANNAVAR,
S/O SRI. SANNAPPA, AGE: 58 YEARS,
OCC: WORKING AS HEAVY MAZDOOR (MRE),
R/O:KANKANAWADI POST, TQ: RAIBAG,
DIST:BELGAUM-591222.
31. SRI. HANUMANTHA RAMAPPA PADATARI,
- 36 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
S/O SRI. RAMAPPA, AGE: 56 YEARS,
OCC: WORKING AS HEAVY MAZDOOR, R/O:NIPANAL POST,
TQ: RAIBAG, DIST:BELGAUM-591222.
APPICANTS-16 TO 23 ARE WORKING IN THE
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
GLBC SUB-DIVISION NO. 3, KNNL, KANKANAWADI,
BELGAUM DISTRICT-591222.
32. SRI. GANGARAM BHEEMAPPA KALALA,
S/O SRI. BHEEMAPPA, AGE: 60 YEARS,
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
GLBC, SUB-DIVISION NO. 1, KNNL, GHATAPRABHA,
TQ: GOKAK, DIST: BELGAUM-591218,
R/0: GHATAPRABHA POST, TQ:GOKAK,
DIST: BELGAUM-591218.
33. SRI. SURESH MARUTHI NIKKAM,
S/O SRI. MARITHI NIKKAM, AGE: 59 YEARS,
OCC: WORKING AS SIPAYI (SANCTIONED POST),
R/O: NILAJI POST, TQ: RAIBAG, DIST: BELGAUM-591317.
34. SRI. SHRIMANTH SHIVAGOUDA PATIL,
S/O SRI. SHIVAGOUDA PATIL, AGE: 54 YEARS,
OCC: WORKING AS PATKARI (SANCTIONED POST),
R/O: GHATAPRABHA POST, TQ: GOKAK,
DIST: BELGAUM-591218.
35. SRI. DHARMANNA RAJARAM GANGANNAVAR,
S/O SRI. RAJARAM, AGE: 57 YEARS,
OCC: WORKING AS PATKARI (SANCTIONED POST),
R/O: BEKKERI POST, TQ: RAIBAG, DIST: BELGAUM-591317.
36. SRI. RAMESH ARJUNA KAMBLE,
S/O SRI. ARJUNA KAMBLE, AGE: 56 YEARS,
OCC: WORKING AS COOLIE, R/O: NILAJI POST,
TQ: RAIBAG, DIST: BELGAUM-591317.
37. SRI. RAMACHANDRA YELLAPPA KOLAKAR,
S/O SRI. YELLAPPA KOLLAKARA, AGE: 57 YEARS,
OCC: WORKING AS LITERATE ASSISTANT (MRE),
R/O: MORAB POST, TQ: RAIBAG, DIST: BELGAUM-591317.
38. SRI. BABU APPA SHELARA,
S/O SRI. APPA SHELLARA, AGE: 58 YEARS,
- 37 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
OCC: WORKING AS LITERATE ASSISTANT (MRE),
R/O: GLBC COLONY, TQ: RAIBAG, DIST: BELGAUM-591317.
APPLICANTS-25 TO 30 ARE WORKING IN THE OFFICE OF
THE ASSISTANT EXECUTIVE ENGINEER,
GLBC SUB-DIVISION NO. 4, KUDACHI,
RAIBAG TALUK, BELGAUM DISTRICT-591311.
39. SRI. BASAPPA SIDARAY ATHANI,
S/O SRI. SIDARAY ATHANI, AGE: 54 YEARS,
OCC: WORKING AGAINST SANCTIONED POST OF GROUP-D,
OFFICE OF THE CHIEF ENGINEER, KNNL (NORTH),
BELGAUM-590001. R/O: SIDDAPUR POST, TQ: RAIBAG,
DIST: BELGAUM-581329.
40. SRI. MAYAGOUDA SIDDAGOUDA PATIL,
S/O SRI. SIDDAGOUDA PATIL, AGE: 54 YEARS,
OCC: WORKING AS PATKARI (SANCTIONED POST),
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
MINOR IRRIGATION SUB-DIVISION , ATHANI,
BELGAUM-591304, R/O: NILAJI POST,
TQ: RAIBAG, DIST: BELGAUM-581317.
41. SRI. SATTEPPA SIDDAPPA LALI,
S/O SRI. SIDDAPPA, AGE: 57 YEARS, WORKING AS GROUP-D,
OFFICE OF ASSISTANT DIRECTOR, DEPARTMENT OF
ANIMAL HUSBANDRY AND VETERINARY SERVICE,
KOLIGUDDA, TQ: RAIBAG, DIST: BELGAUM-591220.
- RESPONDENTS
(BY SRI. G.K. HIREGOUDAR,
PRINCIPAL GOVERNMENT ADVOCATE FOR STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
18.07.2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BELAGAVI IN APPLICATION NO. 10586/2021 (ANNEXURE-A TO
THE WRIT PETITION) & ETC.
- 38 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
IN WP 101790/2023
BETWEEN:
1. THE MANAGING DIRECTOR,
KARNATAKA NEERAVARI NIGAM LTD.,
4TH FLOOR, NO.1, COFFEE BOARD BUILDING,
DR. AMBEDKAR VEEDHI, BENGALURU-560001.
2. THE CHIEF ENGINEER,
IRRIGATION (NORTH), KNNL LTD.,
SH 20, SADASHIVA NAGARA,
BELAGAVI-590019.
3. THE SUPERINTENDENT ENGINEER,
GLBC CIRCLE, KNNL LTD., JAMKHANDI,
DIST. BAGALKOT-587301.
4. THE EXECUTIVE ENGINEER,
GLBC DIVISION NO.1, KNNL LTD.,
GHATAPRABHA, DIST. BELAGAVI-591306.
5. THE ASSISTANT EXECUTIVE ENGINEER,
TUNGABHADRA LEFT BANK CANAL SUB-DN. 2,
KARNATAKA NEERAVARI NIGAM LTD.,
YERAMARUS CAMP, TQ. & DIST. RAICHUR-584135
- PETITIONERS
(BY SRI. S.M. KALWAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF PUBLIC WORKS,
VIKASA SOUDHA, BENGALURU-560001.
2. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
IRRIGATION DEPARTMENT,
VIKASA SOUDHA, BENGALURU-560001.
3. THE CHIEF ENGINEER,
COMMUNICATIONS AND BUILDINGS (SOUTH),
ANAND RAO CIRCLE, BENGALURU-560009.
- 39 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
4. THE VETERINARY MEDICAL OFFICER,
HANDIGUND VETERINARY HOSPITAL,
HANDIGUND, TQ. RAIBAG, DIST. BELAGAVI-591235.
5. THE ACCOUNTANT GENERAL IN KARNATAKA (A & E),
PARK HOUSE ROAD, BENGALURU-560001.
6. SRI. MALLAYYA GURUSIDDAIAH MATAPATI,
S/O. SRI. GURUSIDDAIAH MATAPATI,
AGE: 65 YEARS, RETIRED GROUP-D EMPLOYEE,
WAS WORKING AGAINST SANCTIONED POST
(DATE OF RETIREMENT 31.08.2017)
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
TUNGABHADRA LEFT BANK CANAL SUB-DIVISION-02,
KNNL, YERAMARUS CAMP, RAICHUR TALUK & DISTRICT-
584135, RESIDING AT MUGALKOD,
TQ. RAIBAG, DIST. BELAGAVI-591230.
7. SMT. MAYAVVA JOTEPPA HANGANDI,
W/O. LATE SRI. JOTEPPA LAKSHMAN HANGANDI,
AGE: 59 YEARS, R/O. BASAVANAGARA, ITNAL,
TQ. RAIBAG, DIST. BELAGAVI-591235,
LEGAL HEIR AND WIFE OF
LATE SRI. JOTEPPA LAKSHMAN HANGANDI,
RETIRED GROUP-D EMPLOYEE,
(DIED ON 25.03.2021 AFTER RETIREMENT ON 30.06.2018)
OFFICE OF THE VETERINARY MEDICAL OFFICER,
HANDIGUND VETERINARY HOSPITAL,
HANDIGUND, TQ. RAIBAG, DIST. BELAGAVI-591235.
- RESPONDENTS
(BY SRI. G.K. HIREGOUDAR,
PRINCIPAL GOVERNMENT ADVOCATE FOR STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
18.07.2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BELAGAVI IN APPLICATION NO. 10688/2021 (ANNEXURE-A TO
THE WRIT PETITION) & ETC.
THESE WRIT PETITIONS, COMING ON FOR FINAL HEARING, THIS
DAY, R.DEVDAS J., PASSED THE FOLLOWING ORDER.
- 40 -
WP No. 100222/2023 C/W
WP No. 100217/2023, WP No. 100218/2023,
WP No. 100219/2023, WP No. 100220/2023,
WP No. 100228/2023, WP No. 101706/2023,
WP No. 101727/2023, WP No. 101729/2023,
WP No. 101754/2023, WP No. 101763/2023,
AND WP No. 101790 of 2023
ORDER
R.DEVDAS J., (ORAL):
All these writ petitions arise out of four separate orders passed by the Karnataka State Administrative Tribunal, Belagavi (for short 'the Tribunal'), all dated 18.07.2022, in respect of applications filed at the hands of the respondents challenging the order of termination initially passed in the year 2005 and subsequently on 22.03.2021 at the hands of the Superintending Engineer, Ghataprabha Left Bank Canal (GLBL), Circle-1, Bagalkot District.
2. It is not disputed that the respondents (some of them who are dead, are since represented by their legal representatives) were initially appointed as Daily Wage Heavy Mazdoors in the year 1983, Group-D posts. Pursuant to a Government Order dated 06.08.1990, the then Superintending Engineer, GLBC Circle, Jamakhandi, in terms of memorandum dated 31.05.1984 brought their services on "Monthly Rate Employees" in the payscale of Rs.780-1040. It is also not disputed that services of the respondents were regularized in the year 1998, with effect from the
- 41 -
WP No. 100222/2023 C/W WP No. 100217/2023, WP No. 100218/2023, WP No. 100219/2023, WP No. 100220/2023, WP No. 100228/2023, WP No. 101706/2023, WP No. 101727/2023, WP No. 101729/2023, WP No. 101754/2023, WP No. 101763/2023, AND WP No. 101790 of 2023 date when they completed ten years of service from their initial appointment as Daily Wagers. However, by order dated 31.05.2005, services of the respondents were terminated. The termination came about based on a report submitted by the Director General of Police, Vigilance Squad, who reported that the respondents had manipulated Nominal Muster Rolls (NMRs) changing the names of the respective fathers, the number of working days, etc. Aggrieved, the respondents filed Applications No. 4314-4329/2005 before the Tribunal. By order dated 05.06.2013 the Tribunal set aside the order of termination and remanded the matter back to the employer for issuance of fresh show cause notices to each of the applicants enclosing copy of the report of the vigilance squad and further directed that an enquiry shall be held giving proper opportunity to the delinquent employees to defend themselves as regards the validity of the order of regularization made in their favour and thereafter the competent authority could take appropriate action in a manner known to law.
3. Although the Tribunal passed the order on 05.06.2013 setting aside the order of termination, the appellant-Superintending
- 42 -
WP No. 100222/2023 C/W WP No. 100217/2023, WP No. 100218/2023, WP No. 100219/2023, WP No. 100220/2023, WP No. 100228/2023, WP No. 101706/2023, WP No. 101727/2023, WP No. 101729/2023, WP No. 101754/2023, WP No. 101763/2023, AND WP No. 101790 of 2023 Engineer, KNNL, GLBC Circle, Jamakhandi, passed the impugned order dated 22.03.2021, terminating the services of the respondents and directing that wherever they are eligible, they shall be considered under the Daily Wagers' Welfare Act, 2012. The said order was challenged before the Tribunal. The Tribunal, by an elaborate order held that insptie of specific directions having been given while remanding the matter to hold enquiry, afford opportunity of hearing, it was found that no enquiry was held. It was noticed that, show cause notices were issued and explanation were called for. The respondents replied by stating that they had not fabricated the NMRs and they were not in custody of the NMRs and further the Nigam could not take action against them terminating their services after they attained the age of superannuation. During the course of the proceedings before the Tribunal, material was placed to show that an Enquiry Officer was appointed to hold enquiry. The Tribunal is of the opinion that a Government Servant who has attained the age of superannuation and retired from service, is entitled for retrial benefits and in the present case the Nigam has not released even the provisional
- 43 -
WP No. 100222/2023 C/W WP No. 100217/2023, WP No. 100218/2023, WP No. 100219/2023, WP No. 100220/2023, WP No. 100228/2023, WP No. 101706/2023, WP No. 101727/2023, WP No. 101729/2023, WP No. 101754/2023, WP No. 101763/2023, AND WP No. 101790 of 2023 pension and other benefits to the respondents. On the other hand, it was found in terms of the communication dated 10/30.12.2015 that in view of pendency of the enquiry, the records were furnished for the purposes of enquiry and the retrial benefits were not released. The Tribunal found that the Articles of Charges were admittedly not issued, which was the basic requirement in terms of the CCA Rules. Relying upon a decision of the Hon'ble Supreme court in the case of UCO Bank & Another Vs. Rajendralal Kapur (2007) 6 SCC 694, wherein it was held that initiation of proceedings after retirement and dismissal of a retired employee is not permissible in law, the applications were allowed, upholding the contention of the respondents that inspite of a specific direction having been given by the Tribunal while remanding the matter back to the appellant herein to hold an enquiry, it was evident that no such enquiry was held. In that view of the matter, the applications filed at the hands of the respondents were allowed and consequently the appellants herein have filed these writ petitions calling in question the orders passed by the Tribunal.
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WP No. 100222/2023 C/W WP No. 100217/2023, WP No. 100218/2023, WP No. 100219/2023, WP No. 100220/2023, WP No. 100228/2023, WP No. 101706/2023, WP No. 101727/2023, WP No. 101729/2023, WP No. 101754/2023, WP No. 101763/2023, AND WP No. 101790 of 2023
4. Learned counsel for the respondents has also drawn attention of this Court to the provisions contained in Clause 2 of Sub-Rule 2(C) of Rule 15 of the Karnataka Civil Services (CCA) Rules, 1957. This provision pertains to the employees of the Water Services Department, whose services were lent to the Cauvery Neeravari Nigam Limited, Krishna Bhagya Jala Nigam Limited and Karnataka Neeravari Nigam Limited. Clause 2 of Sub Rule 2(C) clearly provides that the Managing Director of the Nigam, in respect of a Government Servant holding a Group-C or Group-D post whose services are lent to the Nigam shall have powers of the appointing authority for placing such Government Servant in suspension and that the disciplinary authority for the purpose of taking a disciplinary proceedings against him and to impose any of the penalties specified in Clause 1 to 4(a) of Rule 8 of CCA Rules.
5. Learned counsel for the respondents submits that Clause 1 to 4(a) of Rule 8 provides for minor penalties and there is no power vested with the Managing Director/ Superintending Engineer of the Nigam to terminate the services of a deputed employee. In this regard although it is sought to be submitted at the hands of the
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WP No. 100222/2023 C/W WP No. 100217/2023, WP No. 100218/2023, WP No. 100219/2023, WP No. 100220/2023, WP No. 100228/2023, WP No. 101706/2023, WP No. 101727/2023, WP No. 101729/2023, WP No. 101754/2023, WP No. 101763/2023, AND WP No. 101790 of 2023 appellants that the respondents were regularized in the services of the Nigam, it is necessary to notice that since the regularization happened in the years 1990 to 1993, the Nigam had not been established at the relevant point of time. Therefore, there is sufficient force in the submission of the learned counsel for the respondents.
6. Having regard to the findings of the Tribunal and the additional grounds sought to be made out by the learned counsel for the respondents as noticed hereinabove, this Court is of the considered opinion that no infirmity can be found in the impugned order passed by the Tribunal. Consequently, all the writ petitions are dismissed by this common order.
At this juncture, learned counsel for the KNNL submits that the matter may be once again remanded for holding a fresh enquiry as per the CCA Rules. This submission of the learned counsel cannot be accepted for the simple reason that though the Tribunal had earlier remanded the matter back to the appellant herein to hold an enquiry, afford an opportunity of hearing to the respondent
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WP No. 100222/2023 C/W WP No. 100217/2023, WP No. 100218/2023, WP No. 100219/2023, WP No. 100220/2023, WP No. 100228/2023, WP No. 101706/2023, WP No. 101727/2023, WP No. 101729/2023, WP No. 101754/2023, WP No. 101763/2023, AND WP No. 101790 of 2023 to have their say in the matter of substantiating their contention that they had not manipulated the NMRs or any other documents, no enquiry was held by the appellant herein. After a long gap of nearly eight years the impugned order was passed in the year 2021, once again withdrawing the order of regularization. We are one with the findings of the Tribunal that a retired employee and their dependents are entitled legitimately to have the retrial benefits. It has been noticed in the impugned order of the Tribunal that the retrial benefits have not been given to the respondents and their dependents for many years now. In the light of these observations and findings, this Court is not inclined to remand the matter once again for a fresh enquiry.
In view of dismissal of the writ petitions on merits, pending IAs, if any, also stand disposed off.
Sd/-
JUDGE Sd/-
JUDGE