Karnataka High Court
Smt. S Premalatha vs The State Of Karnataka on 11 January, 2013
Author: A.N.Venugopala Gowda
Bench: A.N. Venugopala Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11H DAY OF JANUARY, 2013
BEFORE
THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA
W.P.NO.22896 OF 2012 (S-RES)
BETWEEN:
SMT. S.PREMALATHA
W/O SRI SOLOMN M.GOUNDAR
AGED ABOUT 44 YEARS
R/AT NO.204, OPP: R&D UNIT
SIR M.V.NAGAR
BEML, K.G.F.
KOLAR DISTRICT.
... PETITIONER
(BY SMT. KUSUMA R.PRASAD, ADV. FOR
SRI G.GANGIREDDY, ADV.)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
DEPARTMENT OF ECOLOGY AND
ENVIRONMENT
M.S.BUILDING, 7TH FLOOR
DR. AMBEDKAR ROAD
BANGALORE - 560 001.
2. THE KARNATAKA STATE POLLUTION
CONTROL BOARD
REP BY ITS PRINCIPAL SECRETARY
NO.49, 5TH FLOOR, PARISARA BHAVANA
CHURCH STREET
BANGALORE - 560 001.
... RESPONDENTS
2
(BY SRI RAGHAVENDRA G.GAYATHRI, HCGP FOR R1
SRI D.NAGARAJA, ADV. FOR
SRI AJOY KUMAR PATIL, ADV. FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R2 BOARD TO TAKE STEPS TO INITIATE
RECRUITMENT PROCESS TO RECRUIT FOR THE POST OF
LAW ASSISTANTS.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
W.P.Nos.2295-2298/2009 filed by the petitioner and three others was allowed and Annexures L and N therein, were quashed and the Karnataka State Pollution Control Board was directed to continue the recruitment process in accordance with law. The State Government, impleaded as first respondent, was directed to consider the recommendation contained in Annexure-M dated 17.07.2008, within a period of three months from the date a copy of the order was received. In compliance of the said order, Government Order dated 12.11.2009 was issued according approval for extension of weightage as 4 percent of marks for each 3 satisfactory completed year of service rounded up to next integer and age relaxation extended vide Government Order No.FEE 4 EPC 2000 (A) dated 05.08.2002 as amended from time to time, to those employees working on contract basis, as on the date of notification issued for recruitment, who have not availed the said benefit earlier. It was made clear that, the benefit shall be applicable to all the categories of posts advertised, on one time basis, against which they are working. It was further made clear that, in case the total percentage after adding weightage exceeds 100%, then it shall be limited to 100% (Annexure-C).
2. Despite submission of a representation dated 20.11.2009, action having not been taken by the Karnataka State Pollution Control Board, the petitioner and another filed W.P.Nos.11903-904/2010, to direct the Board to take suitable steps to complete selection process initiated pursuant to a notification dated 05.06.2008, annexed as Annexure A to the writ petition. 4 By an order dated 22.06.2010, the writ petition was disposed of. The recruitment notification dated 13.05.2011, vide Annexure-E was issued by the Board. Same was assailed by one Sri.C.Mahesha, in W.P.No.19528/2011, to which the petitioner was not a party. The writ petition was allowed and the notification was quashed. The respondent-Board was set at liberty to issue a fresh notification in accordance with the regulations. The second respondent - Board having not taken steps to initiate the recruitment process by keeping in view the orders passed in W.P.Nos.2295- 98/2009 and 11903-904/2010, this writ petition has been filed to direct the second respondent to take steps to initiate recruitment process to make recruitment to the post of Law Assistants, without any delay.
3. Sri. D.Nagaraja, learned Advocate appearing for the second respondent, on instructions, submits that the second respondent would initiate the recruitment process within a reasonable period and finalize the 5 same expeditiously. Submission made by Sri. D.Nagaraja, stands recorded.
In the result, writ petition is allowed. The second respondent is directed to initiate the recruitment process to the post of Law Assistants before 31.01.2013 i.e., publish a notification and complete the recruitment process within a period of eight weeks from the date the notification is issued by keeping in view the order dated 17.04.2009 passed in W.P.Nos.2295-2298/2009 and the order dated 22.06.2010 passed in W.P.Nos.11903- 904/2010 and also the Government Order dated 05.06.2008 vide Annexure-A. No costs.
Sd/-
JUDGE ca