Karnataka High Court
The Union Of India vs Shri.Lakhan Buddappa Kamble on 9 August, 2023
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
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NC: 2023:KHC-D:8589-DB
WP No. 147527 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT PETITION NO. 147527 OF 2020 (S-CAT)
BETWEEN:
1. THE UNION OF INDIA,
REPRESENTED BY SECRETARY,
MINISTRY OF DEFENCE (NAVY)
NEW DELHI-110001.
2. FLAG OFFICER COMMANDING-IN-CHIEF
HEADQUARTERS,
WESTERN NAVAL COMMAND
SAHID BHAGAT SINGH ROAD,
MUMBAI-400001.
3. THE FLAT OFFICER COMMANDING
HEADQUARTERS,
ROHAN KARNATAKA NAVAL AREA,
HADIMANI NAVAL BASE, KARWAR-581308.
T
Digitally signed by
ROHAN HADIMANI T
4. COMMANDER SUPERINTENDENT,
Location: High Court
of Karnataka, Dharwad NAVAL SHIP REPAIR YARD,
Date: 2023.08.14
15:01:51 +0530 NAVAL BASE,
KARWAR-581308.
...PETITIONERS
(BY SRI. M.B. KANAVI, CGSC)
AND:
SHRI LAKHAN BUDDAPPA KAMBLE,
S/O BUDDHAPPA CHAAGDEO KAMBLE,
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NC: 2023:KHC-D:8589-DB
WP No. 147527 of 2020
AGED ABOUT:28 YEARS,
WORKING AS MACHINIST,
AT NAVAL SHIP REPAIR YARD,
NAVAL BASE, KARWAR-581 308,
RESIDING AT: P21/5, NCHC COLONY,
MUDGA, KARWAR-581324.
...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE
THE ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE
OF CERTIORARI TO QUASH THE ORDER DATED 26.07.2019
PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL,
BENGALURU BENCH IN ORIGINAL APPLICATION
NO.170/00256/2019 PRODUCED AND MARKED AS ANNEXURE-
A AND THE ORDER DATED 10.01.2019 IN R.A.NO.
170/0088/2019 IN O.A.NO.170/00256/2019 PRODUCED AND
MARKED AS ANNEXURE-B.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
S.R. KRISHNA KUMAR, J., MADE THE FOLLOWING:
ORDER
Learned Senior Central Government Counsel Sri M.B.Kanavi appearing for petitioners has filed memo dated 31.07.2023 stating that the present petition may also be disposed off in terms of the order dated 09.06.2021 passed by the coordinate Bench of this Court in the case of Union of India and others vs. Ganapathi K. Naik S/o.Krishna Naik, Writ Petition No.147416/2020 (S- CAT), which reads as under :
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NC: 2023:KHC-D:8589-DB WP No. 147527 of 2020 "The subject matter of this writ petition being substantially similar to the one in cognate Writ Petition No.147417/2020, disposed of by this Court on 03.06.2021, no much adjudication in variance thereto is warranted.
In the above circumstances, this writ petition is also disposed of in terms of the aforesaid order.
In need not be restated that liberty is reserved to the petitioners to restructure their staff pattern subject to the rider that such restructuring shall not prejudice the Service Conditions of the employees".
2. Memo is placed on record.
3. The present petition is also disposed off in terms of the aforesaid order.
Sd/-
JUDGE Sd/-
JUDGE CKK LIST NO.: 1 SL NO.: 4