H Vasanth Kumar vs The Secretary on 20 October, 2020

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Karnataka High Court

H Vasanth Kumar vs The Secretary on 20 October, 2020

Bench: P. B. Bajanthri

                          1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 20TH DAY OF OCTOBER, 2020

                       BEFORE

        THE HON'BLE MR.JUSTICE P. B. BAJANTHRI

       WRIT PETITION NO. 55864/2015 (S-RES)

BETWEEN:

1.     H VASANTH KUMAR
       S/O JAVARAIAH,
       AGED ABOUT 58 YEARS
       OCC:HOSTEL SUPERINTENDENT
       O/O TALUKA SOCIAL WELFARE OFFICE
       ALUR,
       HASSAN DISTRICT

2.     M P SHIVASWAMY
       S/O PUTTASIDDEGOWDA,
       AGE 56 YEARS
       OCC:HOSTEL SUPERINTENDENT
       O/O TALUK SOCIAL WELFARE OFFICE
       SAKLESHPURA,
       HASSAN DISTRICT                ...PETITIONERS

(BY SRI. G G CHAGASHETTI AND SRI.I.R.BIRADAR,
ADVOCATE)

AND

1.     THE SECRETARY
       DEPARTMENT OF SOCIAL WELFARE
       GOVERNMENT OF KARNATAKA
       M.S.BUILDING,
       BANGALORE- 560 001.

2.     THE COMMISSIONER
                         2




     SOCIAL WELFARE DEPARTMENT,
     M.S BUILDING,
     BANGALORE - 560 001.

3.   THE C.E.O
     ZILLA PANCHAYATH
     HASSAN - 580 002

4.   THE DISTRICT SOCIAL WELFARE OFFICER
     HASSAN DISTRICT,
     HASSAN - 580 002.

5.   THE TALUKA SOCIAL WELFARE OFFICER
     ALUR
     HASSAN DISTRICT- 580 002

6.   THE TALUKA SOCIAL WELFARE OFFICER
     SAKLESHPUR,
     HASSAN DISTRICT - 580 002.
                                 ......RESPONDENTS

 (R1 TO R-6 ARE SERVED BUT UNPRESENTED)

      THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONTITUTION OF INDIA PRAYING TO
QUASH THE MEMORANDUM DATED 29.05.2015 PRODUCED
AT ANNEXURE-E SO FOR IT RELATED TO PARA NO.
2,3,9,11,12 AND ALSO 13 AND ETC.,

     THIS WRIT PETITION COMING ON FOR PRELIMNARY
HEARING    IN   'B'  GROUP    THROUGH   PHYSICAL
HEARING/VIDEO CONFERENCING HEARING (OPTIONAL)
THIS DAY, THE COURT MADE THE FOLLOWING:

                      ORDER

The petitioners are appointed on daily wage basis and they are working under the Social Welfare 3 Department. In respect of relief sought in the present petition, they have to approach Karnataka Administrative Tribunal for the reasons that as a daily wager they are working in Government Department. The Apex Court in the case of L.Chandra Kumar vs. Union of India reported in (1997) 3 SCC 261 and this Court in the case of Sri.Shivaprasad Biradar vs. Karnataka Lokayukta and others in W.A.No.200715/2018 (S-DE) and B.Suresh Vs. State of Karnataka and others reported in 2002(5) KLJ 202 (DB). In the case of Sri.B.Suresh Vs. State of Karnataka and others. Paragraphs 8 and 9 held as under:-

"8. We are fortified in this view by decision in Piar Chand v. Himachal Pradesh Public Service Commission, where a Division Bench of the Himachal Pradesh High Court considered an identical question and held that service under the Public Service Commission is a 'Civil Service' of the State and members of its staff are holding civil posts under the State. The following observations are relevant:

"The State, referred to in Article 323A and Section 15 of the Administrative Tribunals Act cannot be, equated with the Government; the Government being only a limb of the State. It is true that the Public Service Commission is an independent body established under Article 315 of the Constitution..... The functions of the Public Service Commission are enumerated in Article 320 of the Constitution. The Public Service Commission though independent of the Government is also an organ of the State machinery and service under the State Public Service Commission is part of the Civil Service of the State".

9. We therefore, direct that these two petitions be transferred to the Karnataka Administrative Tribunal for disposal in accordance with law."

3. In view of the aforesaid principle laid down by this Court and the Apex Court, the present petition is transmitted to Karnataka Administrative Tribunal.

Registry is hereby directed to transmit the writ papers to the Karnataka Administrative Tribunal within a period of six weeks from today. Karnataka Administrative Tribunal is requested to re-number this writ petition and make all necessary endeavour to 5 decide the petitioners' application within a period of four months from the date of receipt of this order and writ papers. Accordingly, writ petition stands disposed of.

Sd/-

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