Karnataka High Court
Dr K Narasimhappa vs Government Of India on 21 March, 2018
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2018
BEFORE
THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA
WRIT PETITION NOS. 56391-422/2016 & 56863-865/2016
C/W
WRIT PETITION NOS. 56445-448/2016 [S-RES]
IN W. P. NOS. 56391-422/2016 & 56863-865/2016
BETWEEN:
1. DR K NARASIMHAPPA
S/O LATE KRISHNAPPA
AGED ABOUT 49 YEARS
WORKING AS COMMUNITY DEVELOPMENT EXPERT/
DISTRICT MANAGER SOCIAL
MOBILIZATION AND INSTITUTION
DEVELOPMENT - DUDC
BANGALORE RURAL DISTRICT - 01
DUDC - UPAC
OFFICE OF THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT
1ST FLOOR, V V TOWER
DR AMBEDKAR ROAD
BANGALORE - 560001
2. SRI CHANDRASHEKAR A G
S/O LATE A V GOVINDAIAH
AGED ABOUT 35 YEARS
WORKING AS MANAGER SKILLS AND
MICRO ENTERPRISES
DISTRICT URBAN DEVELOPMENT CELL
D C OFFICE, RAMANAGAR-562159
2
3. SRI VENKATACHALAPATHI
S/O DODAPPAIAH
AGED ABOUT 41 YEARS
WORKING AS COMMUNITY DEVELOPMENT
EXPERT/MANAGER (SOCIAL MOBILIZATION
AND INSTITUTIONAL DEVELOPMENT)
O/O THE DEPUTY COMMISSIONER
DISTRICT URBAN DEVELOPMENT CELL
CHIKKABALLAPURA DISTRICT - 562101
4. SRI SADHIK PASHA J S
S/O SARDAR PASHA
AGED ABOUT 35 YEARS
WORKING AS OFFICE ASSISTANT/
MULTI TASK OFFICIAL
DISTRICT URBAN DEVELOPMENT CELL
OFFICE OF THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT
1ST FLOOR, V V TOWER
DR AMBEDKAR VEEDHI
BANGALORE - 560001
5. SRI RAMAKRISHNA C
S/O CHIKKAMADEGOWDA
AGED ABOUT 34 YEARS
WORKING AS COMMUNITY DEVELOPMENT
EXPERT/ MANAGER SOCIAL DEVELOPMENT
& INFRASTRUCTURE
DISTRICT URBAN DEVELOPMENT CELL
D C OFFICE, RAMANAGAR - 562159
6. DR J S BHYRALINGAIAH
S/O LATE SIDDAIAH
AGED ABOUT 41 YEARS
WORKING AS COMMUNITY DEVELOPMENT EXPERT/
MANAGER - SOCIAL MOBILIZATION
AND INFRASTRUCTURE
MYSURU CITY CORPORATION
NEW SAYYAJI RAO ROAD
MYSURU - 570 023.
3
7. SRI Y K YOGEESHA
S/O LATE Y L KRISHNE GOWDA
AGED ABOUT 36 YEARS
WORKING AS SKILL DEVELOPMENT EXPERT/
MANAGER - SKILL DEVELOPMENT
DISTRICT URBAN DEVELOPMENT CELL
OFFICE OF THE DEPUTY COMMISSIONER
MANDYA - 571401
8. SRI KRISHNAMURTHY M
S/O MAYASHETTY GOWDA
AGED ABOUT 35 YEARS
WORKING AS COMMUNITY DEVELOPMENT EXPERT/
SOCIAL DEVELOPMENT & INFRASTRUCTURE
DISTRICT URBAN DEVELOPMENT CELL
D C OFFICE, MYSORE-570 005.
9. SRI NANJUNDASWAMY S
LATE SREEKANTAIAH
AGED ABOUT 41 YEARS
WORKING AS SKILL DEVELOPMENT
AND LIVELIHOOD EXPERT/MANAGER
DISTRICT URBAN DEVELOPMENT CELL
D.C. OFFICE, MYSORE-570005.
10. SUNANDA G BALAPPANAVAR
D/O GIRAMALLAPPA
AGED ABOUT 44 YEARS
WORKING AS SKILL DEVELOPMENT AND
LIVELYHOOD EXPERT/MANAGER - SKILL
AND LIVELYHOOD
THE DEPUTY COMMISSIONER
O/O DISTRICT URBAN DEVELOPMENT CELL
VIJAYAPUR-586101.
11. SRI.ABDUL RAZAK SULTANSAHEB GADWALE
S/O LATE SULTANSAHEB GADWALE
AGED ABOUT 35 YEARS,
WORKING AS SKILL DEVELOPMENT AND
LIVELYHOOD EXPERT AND MANAGER SKILL
4
AND LIVELYHOOD
(HDMC) HUBALLI-DHARWAD
MUNICIPAL CORPORATION
SIR SIDDAPPA KAMBLE ROAD,
HUBBALLI TALUK & DISTRICT-580 020.
12. SRI. H.C. BORE GOWDA
S/O LATE CHIKKANNA,
AGED ABOUT 51 YEARS,
WORKING AS COMMUNITY DEVELOPMENT EXPERT/
MANAGER-SOCIAL DEVELOPMENT
AND INFRASTRUCTURE
DISTRICT URBAN DEVELOPMENT CELL,
OFFICE OF THE DEPUTY COMMISSIONER,
MANDYA-571 401
13. SRI.SHRIDHAR MULLAL
S/O MALLIKARJUN,
AGED ABOUT 45 YEARS,
WORKING AS COMMUNITY DEVELOPMENT EXPERT/
MANAGER-SOCIAL MOBILIZATION AND
INSTITUTIONAL DEVELOPMENT
DUDL DC OFFICE VIJAYAPUR
VIJAYAPUR-586 101
14. SRI. LATIFA A NAGARAKAR
S/O ALLABAX A NAGARAKAR,
AGED ABOUT 31 YEARS,
WORKING AS OFFICE ASSISTANT /
MULTI-TASKING OFFICIALS
THE DEPUTY COMMISSIONER,
O/O DISTRICT URBAN DEVELOPMENT CELL,
VIJAYPUR-586 101
15. SRI HAMAZATH PASHA
S/O MAHAMAD SAHEB,
AGED ABOUT 42 YEARS,
WORKING AS SKILL DEVELOPMENT AND LIVELYHOOD
EXPERT/ MANAGER-SKILL DEVELOPMENT
AND LIVELYHOOD
5
#118, DISTRICT URBAN DEVELOPMENT CELL,
DC OFFICE, CHAMARAJANAGAR-571 313.
16. DR BASAVARAJA V T
S/O THIMMAPPA V
AGED ABOUT 38 YEARS
WORKING AS COMMUNITY DEVELOPMENT EXPERT/
MANAGER - SOCIAL MOBILIZATION
AND INFRASTRUCTURE DEVELOPMENT
DUDC-UPAC
O/O THE DEPUTY COMMISSIONER
KARUR INDUSTRIAL AREA
DAVANGERE DISTRICT-577 001
17. SRI SHIVAKUMAR M B
S/O BASAPPA M
AGED ABOUT 34 YEARS
WORKING AS COMMUNITY DEVELOPMENT EXPERT/
MANAGER - SOCIAL MOBILIZATION
AND INFRASTRUCTURE DEVELOPMENT
URBAN POVERTY ALLEVIATION CELL
CITY CORPORATION
DAVANGERE-577002
18. SRI VIRUPAKSHA GOUDA S
S/O CHIDANANDA GOUDA S
AGED ABOUT 39 YEARS
WORKING AS SKILL DEVELOPMENT AND
LIVELYHOOD EXPERT/ MANAGER -
SKILL AND LIVELYHOODS
URBAN POVERTY ALLEVIATION CELL
DAVANAGERE CITY CORPORATION
DAVANGERE-577002
19. DR S PUTTASWAMY
S/O LATE KABBAHALLISIDDAIAH
AGED ABOUT 50 YEARS
WORKING AS COMMUNITY DEVELOPMENT
EXPERT/ MANAGER - SOCIAL DEVELOPMENT
AND INFRASTRUCTURE
6
#118, DISTRICT URBAN DEVELOPMENT CELL
DC OFFICE, CHAMARAJANAGAR-571 311
20. SRI ABDUL ANSAR KHAN H
S/O LATE ABDUL HAMEED KHAN
AGED ABOUT 45 YEARS
WORKING AS OFFICE ASSISTANT
#118, DISTRICT URBAN DEVELOPMENT CELL
DC OFFICE, CHAMARAJANAGAR-571 311
21. SRI AMARESH
S/O RAMANNA,
AGED ABOUT 39 YEARS
WORKING AS MANAGER SKILL AND LIVELYHOOD
O/O DEPUTY COMMISSIONER OFFICE
DUDC, GADAG-582101.
22. SRI RAMESH BHAIRAJI
S/O PHAKIRAPPA,
AGED ABOUT 40 YEARS,
WORKING AS MANAGER - SKILL AND LIVELYHOOD
O/O THE DEPUTY COMMISSIONER
DISTRICT URBAN DEVELOPMENT CELL,
BELGAVI DISTRICT - 590 002.
23. SRI PRAVEENA S P
S/O PARAMESHWAR,
AGED ABOUT 35 YEARS,
WORKING AS MANAGER - SOCIAL DEVELOPMENT
AND INFRASTRUCTURE
DUDC, DC OFFICE KOPPAL-583231.
24. SRI DEVARAJ A
S/O ADESHAPPA,
AGED ABOUT 38 YEARS,
WORKING AS MANAGER - SOCIAL DEVELOPMENT
AND INFRASTRUCTURE
NATIONAL URBAN LIVELIHOOD MISSION
CITY CORPORATION BALLARI-58310.
7
25. SRI SURESH
S/O CHANDRASHEKARAYYA
AGED ABOUT 39 YEARS
WORKING AS MANAGER - SOCIAL DEVELOPMENT
AND INFRASTRUCTURE
NATIONAL URBAN LIVELIHOOD MISSION
DUDC, DC OFFICE RAICHUR-584101.
26. SMT ROOPASHRI K R
W/O SRINIVAS BHARADVAJ,
AGED ABOUT 38 YEARS,
WORKING AS OFFICE ASSISTANT
DISTRICT URBAN DEVELOPMENT CELL
DC OFFICE, SHIMOGGA-577201.
27. SRI DEVENDRA NAIK B
S/O BHEEMA NAIK
AGED ABOUT 44 YEARS
WORKING AS SKILL DEVELOPMENT AND LIVELYHOOD
EXPERT/MANAGER-SKILL DEVELOPMENT
AND LIVELYHOOD
DISTRICT URBAN POVERTY ALLEVIATION CELL
(DUPAC) DUDC, THE DEPUTY COMMISSIONER OFFICE
SHIVAMOGGA DISTRICT-577201
28. SRI CHANDRASHEKARAPPA M B
S/O BASAPPA M.
AGED ABOUT 32 YEARS
WORKING AS SKILL DEVELOPMENT AND LIVELYHOOD
EXPERT/MANAGER - SKILL DEVELOPMENT
AND LIVELYHOOD
DISTRICT URBAN POVERTY CELL, DUDC, DC OFFICE,
HAVERI DISTRICT-581110
29. SHRUTHI Y C
D/O CHANDRASHEKHAR Y
AGED ABOUT 27 YEARS
WORKING AS OFFICE ASSISTANT
URBAN POVERTY ALLEVIATION CELL,
CITY CORPORATION, DAVANAGERE-577002
8
30. SRI ESSIRANAZ
S/O NASIRULLA
AGED ABOUT 34 YEARS
WORKING AS OFFICE ASSISTANT
DISTRICT URBAN DEVELOPMENT CELL,
DC OFFICE, CHITRADURGA-577501
31. SOWMYA S
D/O S N AOAPPA SWAMY
AGED ABOUT 32 YEARS,
WORKING AS COMMUNITY DEVELOPMENT
EXPERT/MANAGER-SOCIAL DEVELOPMENT
AND INFRASTRUCTURE
DISTRICT URBAN DEVELOPMENT CELL
O/O DEPUTY COMMISSIONER
CHITRADURGA 577501
32. DR SANJEEV SIDDAPPA TIGANI
S/O SIDDAPPA
AGED ABOUT 36 YEARS
WORKING AS COMMUNITY DEVELOPMENT EXPERT
(SOCIAL MOBLISATION AND
INSTITUTIONAL DEVELOPMENT)
DISTRICT URBAN DEVELOPMENT CELL
DC OFFICE BELGAVI -590002
33. DR RAVI MUNAVALLI
S/O LATE VITHAL MUNAVALLI
AGED ABOUT 40 YEARS
WORKING AS SKILL DEVELOPMENT AND LIVELIHOOD
EXPERT/ MANAGER - SKILL AND LIVELIHOOD
DISTRICT URBAN DEVELOPMENT CELL
DEPUTY COMMISSIONSER OFFICE
DHARWAD 580001
34. DR RAJASHEKHAR KANNAL
S/O LATE VITHAL KANNAL
AGED ABOUT 39 YEARS
WORKING AS COMMUNITY
DEVELOPMENT EXPERT/MANAGER SMID
9
O/O THE DEPUTY COMMISSIONER
DISTRICT URBAN DEVELOPMENT CELL
HASSAN-573201.
35. KOMALA A J
D/O JAVARE GOWDA
AGED ABOUT 32 YEARS,
WORKING AS SKILL DEVELOPMENT &
LIVELIHOOD EXPERT/ MANAGER-SKILL
AND LIVELIHOODS
O/O THE DEPUTY COMMISSIONER
DISTRICT URBAN DEVELOPMENT CELL
HASSAN DISTRICT 573201
36. T LAKSHMI
D/O LATE T.DODDA BHEMAPPA
AGED ABOUT 44 YEARS
WORKING AS COMMUNITY DEVELOPMENT OFFICER
DISTRICT URBAN DEVELOPMENT CELL
DC OFFICE, BALLARI-583101.
37. SRI CHANNABASAVANA GOUDA
S/O RAJASHEKARA GOUDA
AGED ABOUT 30 YEARS
WORKING AS OFFICE ASSISTANT
CITY CORPORATION INFRONT OF
DR.RAJKUMAR PARK
NEAR ROAYAL CIRCLE, BALLARI-583101.
38. SRI PRANESH
S/O LATE VIRUPAKSHAPPA
AGED ABOUT 49 YEARS
WORKING AS SKILL DEVELOPMENT AND
LIVELIHOOD EXPERT
DISTRICT URBAN DEVELOPMENT CELL,
DC OFFICE, BELLARI-583101.
39. THIPPESWAMY K V
S/O VENKATARAMANA
AGED ABOUT 32 YEARS
10
WORKING AS OFFICE ASSISTANT,
DISTRICT URBAN DEVELOPMENT CELL,
DC OFFICE COMPOUND
OPP. RAILWAY STATION
BALLARI-583101.
40. DR VITHOBA B
S/O LATE BHEEMANA
AGED ABOUT 41 YEARS
WORKING AS COMMUNITY DEVELOPMENT
EXPERT, (CDE) /MANAGER
DISTRICT URBAN DEVELOPMENT CELL,
DC OFFICE COMPOUND
OPP KEB OFFICE, YADAGIRI-585 202.
41. SRI BHEEMANNA
S/O. JEETAPPA,
AGED ABOUT 46 YEARS
WORKING AS COMMUNITY DEVELOPMENT
EXPERT (CDE)/ MANAGER
DISTRCT URBAN DEVELOPMENT CELL(DUDC)
DC OFFICE, BIDAR-585 401
42. SRI. RASOOLSAB
S/O. KHAJASAHEB
AGED ABOUT 50 YEARS
WORKING AS MANAGER SKILLS &
MICRO ENTERPRISES,
URBAN POVERTY ALLEVIATION CELL
DISTRICT URBAN DEVELOPMENT CELL
O/O DEPUTY COMMISSIONER, RAICHUR-584101.
43. SMT. SHANTHA
D/O. HANAMANTHAPPA MELKOTE
AGED ABOUT 40 YEARS
WORKING AS MULTI-TASKING OFFICIALS
URBAN POVERTY ALLEVIATION CELL
DISTSRICT URBAN DEVELOPMENT CELL
O/O DEPUTY COMMISSIONER
RAICHUR DISTRICT, RAICHUR-584101.
11
44. SRI. R M UMASHANKARA
S/O. LATE. R K MALLAPPAIAH
AGED ABOUT 45 YEARS
WORKING AS MULTI-TASKING OFFICIALS
URABAN POVERTY ALLEVIATION CELL
DISTRICT URBAN DEVELOPMENT CELL
O/O DEPUTY COMMISSIONER
HASSAN DISTRICT, HASSAN-573201.
45. SRI. NEELAKANTH S YARAGUDI
S/O. SANATAMMAPPA,
AGED ABOUT 49 YEARS,
WORKING AS SOCIAL DEVELOPMENT MANAGER
URABAN POVERTY ALLEVIATION CELL
DISTRICT URBAN DEVELOPMENT CELL
O/O DEPUTY COMMISSIONER
BAGALKOT DISTRICT, BAGALKOT-587101
46. SRI. GURUPADAPPA G. TALWAR
S/O. GUTTAPPA TALWAR
AGED ABOUT 45 YEARS
WORKING AS SKILL DEVELOPMENT MANAGER
URBAN POVERTY ALLEVIATION CELL
DISTRICT URBAN DEVELOPMENT CELL
O/O DEPUTY COMMISSIONER
BAGALKOT DISTRICT
BAGALKOT-587101.
47. SRI. SATAYYA S HIREMATH
S/O. SHANTAYYA
AGED ABOUT 46 YEARS
WORKING AS SKILL DEVELOPMENT MANAGER
URBAN POVERTY ALLEVIATION CELL
DISTRICT URBAN DEVELOPMENT CELL
O/O DEPUTY COMMISSIONER
KALABURGI DISTRICT, KALABURGI.-585101.
48. RAJKUMAR S. GUTTEDAR
S/O. SIDDAYYA
AGED ABOUT 41 YEARS
12
WORKING AS COMMUNITY DEVELOPMENT MANAGER
URBAN POVERTY ALLEVIATION CELL
DISTRICT URBAN DEVELOPMENT CELL
O/O DEPUTY COMMISSIONER
KALABURGI DISTRICT
KALABURGI-585101.
49. MAHESH MINAJAGI
S/O. LATE SHIVALINGAPPA
AGED ABOUT 35 YEARS
WORKING AS OFFICE ASSISTANT
DISTRICT URBAN DEVELOPMENT CELL
O/O DEPUTY COMMISSIONER
MINI VIKASH SOUDHA
KALABURGI DISTRICT, KALABURGI.-585101.
50. VIJAYKUMAR
S/O. BHIMANAGOUDA PATIL
AGED ABOUT 40 YEARS
WORKING AS MANAGER SKILL DEVELOPMENT
& LIVELIHOOD
DISTRICT URBAN DEVELOPMENT CELL
D.C. OFFICE COMPOUND, KARWAR
UTTARA KANNADA-581 301
51. SHAILU BAI
D/O. BASAVARAJA
AGED ABOUT 35 YEARS
WORKING AS OFFICE ASSISTANT,
CITY CORPORATION MAHANAGARA PALIKE
KALABURGI DISTRICT, KALABURGI-585101.
52. BALAKRISHNA P.R.
S/O. RAMASWAMY P.B.
AGED ABOUT 31 YEARS
WORKING AS OFFICE ASSISTANT
DISTRICT URBAN DEVELOPMENT CELL
D.C. OFFICE, ZILLA ADALITH BHAVANA
CHIKKABALLAPURA-562 101.
13
53. SRI. NAVNATH
S/O LATE SUBHAN RAO
AGED ABOUT 40 YEARS
WORKING AS OFFICE ASSISTANT
C.M.C RANIBENNUR
HAVERI DISTRICT-581 115.
54. SRI. SHIVALEELA BHALIKER
S/O VIJAY KUMAR
AGED ABOUT 37 YEARS
WORKING AS OFFICE ASSISTANT
DUDC, BIDAR-585 401.
55. SRI. ANJANAMURTHY
S/O LATE CHIKKARANGAIAH
AGED ABOUT 45 YEARS
WORKING AS COMMUNITY DEVELOPMENT EXPERT
DISTRICT URBAN DEVELOPMENT CELL
O/O DEPUTY COMMISSIONER
TUMAKURU DISTRICT-572 103.
... PETITIONERS
(BY SRI. V. LAKSHMINARAYANA, SENIOR ADV., FOR
SMT. SHILPA RANI, ADV.,)
AND:
1. GOVERNMENT OF INDIA
MINISTRY OF HOUSING & URBAN
POVERTY ALLEVIATION(UPA DIVISION)
NIRMAL BHAVAN, NEW DELHI-110001
2. STATE OF KARNATAKA
REPRESENTED BY CHIEF SECRETARY
VIDHANA SOUDHA
DR AMBEDKAR ROAD
BENGALURU-560001
3. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
14
URBAN DEVELOPMENT DEPARTMENT
VIKAS SOUDHA
DR AMBEDKAR ROAD
BANGALORE-560001
4. THE DIRECTOR
DIRECTORATE OF MUNICIPAL ADMINSITRATION
9TH FLOOR, V V TOWER
DR AMBEKDAR ROAD
BENGALURU-560001
5. THE DEPUTY COMMISSIONER
BIJAPUR DISTRICT
BIJAPUR-586101.
6. THE DEPUTY COMMISSIONER
MYSORE DISTRICT
MYSORE-570 005.
7. THE DEPUTY COMMISSIONER
RAMANAGARA DISTRICT
RAMANAGARA-562159
8. THE DEPUTY COMMISSIONER
BELLARY DISTRICT
BELLARY-583102.
9. THE DEPUTY COMMISSIONER
DAVANAGERE DISTRICT
DAVANAGERE-577004.
10. THE DEPUTY COMMISSIONER
CHICKABALLAPUR DISTRICT
CHICKABALLAPUR-562101
11. THE DEPUTY COMMISSIONER
MANDYA DISTRICT
MANDYA-571401.
15
12. THE DEPUTY COMMISSIONER
HUBLI DISTRICT
HUBLI-580020.
13. THE DEPUTY COMMISSIONER
BAGALKOT DISTRICT
BAGALKOT-587101.
14. THE DEPUTY COMMISSIONER
BENGALURU RURAL DISTRICT
BENGALURU-560 001.
15. THE DEPUTY COMMISSIONER
CHAMARAJANAGAR DISTRICT
CHAMARAJANAGAR-571 313.
16. THE DEPUTY COMMISSIONER
GADAG DISTRICT
GADAG-582 101.
17. THE DEPUTY COMMISSIONER
KOPPALA DISTRICT
KOPPALA-590 002.
18. THE DEPUTY COMMISSIONER
BELAGAVI DISTRICT
BELAGAVI-590 002.
19. THE DEPUTY COMMISSIONER
RAICHUR DISTRICT
RAICHUR-584101
20. THE DEPUTY COMMISSIONER
SHIVAMOGGA DISTRICT
SHIVAMOGGA-577 201.
21. THE DEPUTY COMMISSIONER
HAVERI DISTRICT
HAVERI-581 110.
16
22. THE DEPUTY COMMISSIONER
DHARWAD DISTRICT
DHARWAD-580 001.
23. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
CHITRADURGA-577 501.
24. THE DEPUTY COMMISSIONER
HASSAN DISTRICT
HASSAN-573201.
25. THE DEPUTY COMMISSIONER
YADAGIRI DISTRICT
YADAGIRI-585 202.
26. THE DEPUTY COMMISSIONER
BIDAR DISTRICT
BIDAR-585 401.
27. THE DEPUTY COMMISSIONER
UTTARA KANNADA DISTRICT
UTTARA KANNADA-581 301.
28. THE DEPUTY COMMISSIONER
TUMAKURU DISTRICT
TUMAKURU-572 103..
... RESPONDENTS
(BY SRI. B.J.ESHWARA, AGA FOR R2 TO R28]
SRI. R.VEERENDRA SHARMA, CGC FOR R1)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTIFICATION DTD:20.10.2016 ISSUED BY THE
DIRECTOR OF MUNICIPAL ADMINISTRATION AS PER
ANNEXURE-T AS THE SAME IS NON-EST AND CONTRARY TO
THE GOVERNMENT ORDER DTD:24.9.2016 (ANNEXURE-M)
AND GOVERNMENT ORDER DTD:01.10.2016 (ANNEXURE-N)
AND DIRECT THE RESPONDENTS TO CONTINUE THE
17
SERVICES OF THE PETITIONERS AS THEIR APPOINTMENT IS
CO-TERMINUS WITH THE SCHEME AND ETC.,
IN W. P. NOS. 56445-448/2016 [S-RES]
BETWEEN:
1. SRI NINGAPPA HOLEPPAGOL
S/O VITTAPPA
AGED ABOUT 35 YEARS
WORKING AS STATE MISSION MANAGER
SOCIAL MOBILISATION AND INSTITUTION
DEVELOPMENT
O/O DIRECTORATE OF MUNICIPAL ADMN.,
9TH FLOOR, V.V TOWER
DR. B.R.AMBEDKAR ROAD
BENGALURU-560 001.
2. SRI. BASAPPA KARADI
S/O CHANNAPPA KARADI
AGED ABOUT 33 YEARS
WORKING AS STATE MISSION MANAGER
SKILL AND LIVELIHOOD
O/O DIRECTORATE OF MUNICIPAL ADMN.,
9TH FLOOR, V.V TOWER
DR. B.R.AMBEDKAR ROAD
BENGALURU-560 001.
3. SRI. NAGARAJA B.N.
S/O NANJUNDAPPA
AGED ABOUT 39 YEARS
WORKING AS STATE MISSION MANAGER
HR & CAPACITY BUILDING
O/O DIRECTORATE OF MUNICIPAL ADMN
9TH FLOOR, V.V TOWER
DR. B.R.AMBEDKAR ROAD
BENGALURU-560 001.
4. SRI. SURESH L.R.
S/O RAMACHANDRAPPA
18
AGED ABOUT 31 YEARS
WORKING AS OFFICE ASSISTANT
O/O DIRECTORATE OF MUNICIPAL ADMN.,
9TH FLOOR, V.V TOWER
DR. B.R.AMBEDKAR ROAD
BENGALURU-560 001.
....PETITIONERS
(BY SRI. V. LAKSHMINARAYANA, SENIOR ADV., FOR
SMT. SHILPA RANI, ADV.,)
AND:
1. GOVERNMENT OF INDIA
MINISTRY OF HOUSING AND URBAN
POVERTY ALLEVIATION (UPA DIVISION)
NIRMAL BHAVAN, NEW DELHI-11 001.
2. STATE OF KARNATAKA
REP. BY CHIEF SECRETARY
VIDHANA SOUDHA
DR. AMBEDKAR ROAD
BENGALURU-560 001.
3. STATE OF KARNATAKA
REP. BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIKAS SOUDHA
DR. AMBEDKAR ROAD
BENGALURU-560 001.
4. THE DIRECTOR
DIRECTORATE OF MUNICIPAL ADMINISTRATION
9TH FLOOR, V.V.TOWER
DR. AMBEDKAR ROAD
BENGALURU-560 001.
...RESPONDENTS
(BY SRI B.J. ESHWARA, AGA, FOR R-2 TO R-4
SRI. VERENDRA SHARMA.R. CGC FOR R-1)
19
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTIFICATION DTD:20.10.2016 ISSUED BY THE
DIRECTOR OF MUNICIPAL ADMINISTRATION AS PER
ANNEXURE-V AS THE SAME IS NON -EST AND CONTRARY TO
THE GOVERNMENT ORDER DTD:24.9.2016 (ANNEXURE-M)
AND GOVERNMENT ORDER DTD:01.10.2016 (ANNEXURE-N)
AND DIRECT THE RESPONDENTS TO CONTINUE THE
SERVICES OF THE PETITIONERS AS THEIR APPOINTMENT IS
CO-TERMINUS WITH THE SCHEME AND ETC.,
THESE WRIT PETITIONS COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners have preferred W.P.Nos.56391-442/2016 & W.P.Nos.56863-865/2016 seeking for the following reliefs:-
a) issue a writ of certiorari or any other writ, quashing the notification bearing No.17252.
DMA 73 NULM 2016-17 dated 20.10.2016 issued by the Director of Municipal Administration as per Annexure-T as the same is non-est and contrary to the Government Order No. SI AA SUE 164 SA VU SE 2016 dated 24.09.2016 (Annexure-L) and Government Order No. NA AA E-112 CSS 2016 Bangalore dated 01.10.2016 (Annexure- M) and direct the respondents to continue the services of the Petitioners as their appointment is co-terminus with the scheme;
20b) declare that the above said notification is contrary to clause-2 of G.O.No. NA AA E 112 CSS 2016 Bangalore dated 01.10.2016 as per Annexure-M.
c) declare that the respondent No.4- Directorate of Municipal Administration has no power to make any recruitment either on contract or on permanent basis since the appointment of the petitioner is co-terminus with the same.
d) further declare that the Directorate of Municipal Administration as Nodal Agency has no jurisdiction or competent person regarding service conditions of the employees in view of the Government Order No. S1 AA SUE 164 SA VU SE 2016 dated 24.09.2016 (Annexure-L) and Government Order No. NA AA E 112 CSS 2016 Bangalore 01.10.2016 (Annexure-M).
e) issue a writ of mandamus, directing that the continuation of the petitioners, their recruitment whether on contract or on permanent basis, falls within the purview of the Executive committee in terms of the Government Order No. NA AA E 112 CSS 2016 Bangalore dated 01.10.2016 as per Annexure-M.
f) declare that defying the letter bearing No. UDD 113 MLR 2012 dated 17.10.2016 of the Secretary-Respondent No.3 as per Annexure- R directing the Director, Directorate of 21 Municipal administration to place the subject regarding recruitment and continuation of the petitioners in service before the Executive committee, is totally usurpation of the powers by the Director, Directorate of Municipal Administration-Respondent No.3
g) issue any other writ, order or direction and such other reliefs as this Hon'ble Court may deem fit to grant in the facts circumstances of the case in the view justice and equity.
Petitioners have preferred W.P.Nos.56445-448/2016 seeking for the following reliefs:-
a) issue a writ of certiorari or any other writ, quashing the notification bearing No.17252.
DMA 73 NULM 2016-17 dated 20.10.2016 issued by the Director of Municipal Administration as per Annexure-V as the same is non-est and contrary to the Government Order No. SI AA SUE 164 SA VU SE 2016 Bangalore dated 24.09.2016 (Annexure-M) and Government Order No. NA AA E-112 CSS 2016 Bangalore dated 01.10.2016 (Annexure-N) and direct the respondents to continue the services of the Petitioners as their appointment is co- terminus with the scheme;
b) declare that the above said notification is contrary to clause-2 of G.O.No.NA AA E 112 22 CSS 2016 Bangalore dated 01.10.2016 as per Annexure-N.
c) declare that the respondent No.4- Directorate of Municipal Administration has no power to make any recruitment either on contract or on permanent basis since the appointment of the petitioner is co-terminus with the same.
d) further declare that the Directorate of Municipal Administration as Nodal Agency has no jurisdiction or competent person regarding service conditions of the employees in view of the Government Order No. S1 AA SUE 164 SA VU SE 2016 Bangalore dated 24.09.2016 (Annexure-M) and Government Order No. NA AAE 112 CSS 2016 Bangalore 01.10.2016 (Annexure-N).
e) issue a writ of mandamus, directing that the continuation of the petitioners, their recruitment whether on contract or on permanent basis, falls within the purview of the Executive committee in terms of the Government Order No. NA AAE 112 CSS 2016 Bangalore dated 01.10.2016 as per Annexure- N.
f) declare that defying the letter bearing No. UDD 113 MLR 2012 dated 17.10.2016 of the Secretary-respondent No.3 as per Annexure-S directing the Director, Directorate of Municipal administration to place the subject regarding recruitment and continuation of the petitioners 23 in service before the Executive committee, is totally usurpation of the powers by the Director, Directorate of Municipal Administration-Respondent No.3
g) issue any other writ order or direction and such other reliefs as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case, in the interest of justice and equity.
2. Sri. V. Lakshminarayana, learned Senior Counsel for Smt. Shilpa Rani, learned counsel appearing for petitioners in the above writ petitions fairly submits that in view of respondent No.4 withdrawing the notification dated 20.10.2016, the above writ petitions insofar as prayer No.1 do not survive for consideration and may be dismissed as having become infructuous reserving liberty to the petitioners to take appropriate steps in respect of other prayers.
3. His submission is placed on record.
4. Accordingly, the above writ petitions are dismissed as do not survive for consideration in respect of 24 prayer No.1 is concerned. Liberty as sought for is reserved for the petitioners to take appropriate steps for redressal of other reliefs prayed in the writ petitions.
In view of disposal of main writ petitions, I.As. do not survive for consideration and they are rejected.
Sd/-
JUDGE PMR/-