Karnataka High Court
Hal Sc And St Employees And Officers vs Mr G Ashokan on 17 April, 2017
Bench: Chief Justice, P.S.Dinesh Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF APRIL, 2017
PRESENT
THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE
CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
WRIT APPEAL NO.2017 OF 2017
BETWEEN:
HAL SC & ST EMPLOYEES & OFFICERS
ASSOCIATION (R)
SHIVALINGA B.N.
S/O NANJAIAH
AGED ABOUT 44 YEARS
NO.1 AND 2, OLD TOWNSHIP
VIMANAPURA POST, HAL
BANGALORE - 560 017
REPRESENTED BY ITS PRESIDENT ... APPELLANT
(BY SRI.KRISHNA S.DIXIT, ADVOCATE FOR
SRI.KASHINATH J.D., ADVOCATE)
AND:
1. MR. G ASHOKAN
SENIOR VICE PRESIDENT,
HAL SC/ST E & O ASSOCIATION,
S/O LATE P.GANESHAN,
AGE 56 YEARS,
DEPT/PB.NO:0418/64134-46
WORKING AS SENIOR MASTER
TECHNICIAN, HAL HOSPITAL,
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ELECTRICAL MAINTENANCE,
BANGALORE - 17
2. MR. K. NEELAMEGAM
1ST VICE PRESIDENT,
HAL SC/ST E & O ASSOCIATION,
S/O LATE KANNAN,
AGE: 46 YEARS,
DEPT/PB.NO: 1416/68709-95,
WORKING AS SECURITY JAMEDAR,
AIRCRAFT DIVISION,
HAL, BANGALORE - 17
3. MR. A. SUBRAMANI
2ND VICE PRESIDENT,
HAL SC/ST E & O ASSOCIATION,
S/O MR. ANNAMALAI,
AGE: 38 YEARS,
DEPT/PB.NO:6354/69160-03,
WORKING AS SENIOR TECHNICIAN,
HELICOPTER DIVISION,
HAL, BANGALORE - 17
4. MR. E. SUBRAMANI
JOINT SECRETARY,
HAL SC/ST E & O ASSOCIATION,
S/O MR. EKAMBARAM,
AGE: 47 YEARS,
DET/PB.NO: 4302/61601
WORKING AS MASTER TECHNICIAN
ENGINE DIVISION,
HAL, BANGALORE - 17
5. MR. T. KABILAN
ASSISTANT SECRETARY,
HAL SC/ST E & O ASSOCIATION,
S/O LATE A. THANGARAJ,
AGE: 48 YEARS,
DEPT/PB.NO.6361/68399
WORKING AS HIGHLY SKILLED
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TECHNICIAN HELICOPTER DIVISION,
HAL, BANGALORE - 17
6. MR. G. SIVA KUMAR
DIVISIONAL SECRETARY,
HAL SC/ST E & O ASSOCIATION,
S/O LATE GANESHAN,
AGE: 45 YEARS,
DEPT/PB.NO:9333/74723
WORKING AS HIGHLY SKILLED
TECHNICIAN, AEROSPACE DIVISION,
HAL, BANGALORE - 17
7. MR. S. AMBETH
DIVISIONAL SECRETARY,
HAL SC/ST E & O ASSOCIATION,
S/O MR. V.R SHEKAR,
AGE: 43 YEARS,
DEPT/PB.NO:4302/86244
WORKING AS HIGHLY SKILLED TECHNICIAN,
AERO ENGINE DIVISION,
HAL, BANGALORE - 17
8. MR. C. VENKATESH
DIVISIONAL SECRETARY,
HAL SC/ST E & O ASSOCIATION,
S/O LATE CHANGAN,
AGE: 43 YEARS,
DEPT/PB.NO:2378/75992-71
WORKING AS HIGHLY SKILLED
TECHNICIAN, OVERHAUL DIVISION,
HAL, BANGALORE - 17
9. MR. R.T. ANAND KUMAR
DIVISIONAL SERETARY,
HAL SC/ST E & O ASSOCIATION,
S/O LATE R. THULASIRAM,
AGE: 47 YEARS,
DEPT/PB.NO:6361/68469
WORKING AS HIGHLY SKILLED TECHNICIAN,
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HELICOPTER DIVISION,
HAL, BANGALORE - 17
10.MR.D.VEERAPANDYAN
DIVISIONAL SECRETARY,
HAL SC/ST E & O ASSOCIATION,
S/O LATE DINAKARAN,
AGE: 45 YEARS,
DEPT/PB.NO: 6352/69040
WORKING AS HIGHLY SKILLED TECHNICIAN,
HELICOPTER DIVISION,
HAL, BANGALORE - 17
11.MR.G.SHIVA KUMAR
DIVISIONAL SECRETARY,
HAL SC/ST E & O ASSOCIATION,
S/O LATE GOVINDARAJU,
AGE: 40 YEARS,
DEPT/PB.NO: 6351/68803
WORKING AS HIGHLY SKILLED TECHNICIAN,
HELICOPTER DIVISION,
HAL, BANGALORE - 17
12.MR. K KUMARESHAN
DIVISIONAL SECRETARY,
HAL SC/ST E & O ASSOCIATION,
S/O MR.KANI KANNAN,
AGE: 46 YEARS,
DEPT/PB.NO: C322/82530
WORKING AS HIGHLY SKILLED TECHNICIAN,
CMD DIVISION, HAL, BANGALORE - 17
13.MR. M PRAKASH
DIVISIONAL SECRETARY,
HAL SC/ST E & O ASSOCIATION,
S/O MR. M. THAMMANNA,
AGE:40 YEARS,
DEPT/PB.NO: 5321/82238
WORKING AS HIGHLY SKILLED TECHNICIAN,
ARDC DIVISION, HAL, BANGALORE - 17
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14.MR. M. MANJUNATHA
DIVISIONAL SECRETARY,
HAL SC/ST E & O ASSOCIATION,
S/O LATE MUTHAPPA,
AGE: 39 YEARS,
DEPT/PB.NO: 5326/82963
WORKING AS HIGHLY SKILLED TECHNICIAN,
ARDC DIVISION, HAL, BANGALORE - 17
15.THE DISTRICT REGISTRAR &
DISTRICT REGISTRAR OF SOCIETIES,
SHIVAJINAGAR REGISTRATION DISTRICT,
1ST FLOOR, KANDAYA BAHVAN,
BANGALORE-560009.
16.HAL SC ST EMPLOYEES & OFFICERS ASSOCIATION
NO.6/1, G.NO.11TH CROSS,
8TH STREET, ULSOOR,
BANGALORE-560008.
BY ITS PRESIDENT
17.SHRI M DHANARAJ
S/O MUTHU,
AGED ABOUT 55 YEARS,
NO.G 151, HAL,
OLD TOWNHSIP, VIMANAPURA POST,
BANGALORE-560017.
18.R THYAGARAJAN
S/O RATHNAM,
AGED ABOUT 54 YEARS,
NO.16, N.TYPE QUARTERS,
HAL OLD TOWNSHIP,
VIMANAPURA POST,
BANGALORE-560017. ... RESPONDENTS
(SRI.V.SREENIDHI, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NO.15)
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This Writ Appeal is filed under Section 4 of the High
Court Act, praying to set aside the order dated 9.2.2017,
passed by the learned Single Judge in Review Petition No.583
of 2015, filed in W.P.No.37937/2013 (GM-KSR), so far as R.P.
No.583/2015, is concerned as illegal to meet the interest of
justice.
This appeal coming on for Orders this day, P.S.DINESH
KUMAR J., delivered the following:
JUDGMENT
Office objection regarding maintainability of the writ appeal is over ruled.
2. The appellant is challenging the order dated February 9, 2017, passed by the Hon'ble Single Judge, allowing the review petition and restoring the writ petition to its file.
3. Mr.Krishna S.Dixit, learned advocate appearing for the appellant submits that the order impugned has been passed on an incorrect premise that the review petitioners before the Hon'ble Single Judge were members of the society. Therefore, the said order is unsustainable. -7-
4. We have perused the impugned order. In our view, the Hon'ble Single Judge was right in allowing the review petition and restoring the writ petition on the file of this Court and giving an opportunity to the review petitioners to ventilate their grievance.
5. We see no error in law, calling for interference in this appeal.
6. The appeal fails and stands dismissed.
7. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB