Karnataka High Court
State Of Karnataka vs Sri G S Manjunatha on 18 December, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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RP No. 419 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
REVIEW PETITION NO. 419 OF 2024
BETWEEN:
1. STATE OF KARNATAKA
REPRESENTED BY CHIEF SECRETARY,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS,
VIDHANA SOUDHA,
DR.AMBEDKAR VEEDHI,
BENGALURU - 560 001.
3. STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY,
Digitally
signed by DEPARTMENT OF ENERGY,
KIRAN VIKASA SOUDHA,
KUMAR R
Location: DR. AMBEDKAR VEEDHI,
HIGH BENGALURU - 560 001.
COURT OF
KARNATAKA 4. KARNATAKA GOVERNMENT
INSURANCE DEPARTMENT,
REPRESENTED BY ITS DIRECTOR,
V.V. TOWERS, 17TH FLOOR,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
5. STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY,
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RP No. 419 of 2024
PUBLIC WORKS DEPARTMENT,
VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
...PETITIONERS
(BY SMT. HEMALATHA V., AGA)
AND:
1. SRI G.S. MANJUNATHA,
S/O LATE. K. SIDDALINGAPPA,
AGED ABOUT 63 YEARS,
RESIDING AT NO.417, 7TH CROSS,
1ST MAIN, DOMLUR LAYOUT,
BENGALURU - 560 071.
2. SRI.GANGADHAR,
S/O LATE CHANNABASAVAIAH,
AGED ABOUT 67 YEARS,
RESIDING AT NO.191/1, 2ND CROSS,
5TH MAIN, BHUVANESHWARI NAGAR,
HESSARGHATTA MAIN ROAD,
T. DASARAHALLI,
BENGALURU - 560 057.
3. SRI H.T. RUDRESH,
S/O LATE THIMMAIAH,
AGED ABOUT 54 YEARS,
RESIDING AT NO.18/1,
7TH A CROSS, GOKULA, 1ST STAGE,
I PHASE, MATHIKERE,
BENGALURU - 560 054.
4. SRI N.NAGARAJU,
S/O NARASAIAH,
AGED ABOUT 53 YEARS,
RESIDING AT NO.217, 3RD CROSS,
MARIYAPPANAPALYA, SRIRAMPURAM,
BENGALURU - 560 021.
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RP No. 419 of 2024
5. SRI S.V. NAGARAJ,
S/O LATE. S.V. VENKATESH,
AGED ABOUT 59 YEARS,
RESIDING AT NO.1003, 1ST MAIN ROAD,
KATHRIGUPPE WATER TANK,
BANASHANKARI III STAGE,
BENGALURU - 560 085.
6. SRI NAGESH,
S/O M.G. NARASIMHAIAH,
AGED ABOUT 66 YEARS,
RESIDING AT NO.21, 12TH MAIN,
1ST BLOCK, RAJAJINAGAR,
BENGALURU - 560 010.
7. SRI NARAYANASWAMY,
S/O LATE GANGADARAIAH,
AGED ABOUT 57 YEARS,
R/O NO.384 17TH CROSS,
5TH PHASE, J.P. NAGAR,
BENGALURU - 560 078.
8. M/S. MYSORE LAMP WORKS LIMITED,
REP BY ITS MANAGING DIRECTOR,
P.B. NO.5551,
MALLESHWARAM (WEST),
BENGALURU - 560 055.
...RESPONDENTS
(BY SRI.SUSHAL TIWARI AND SRI NISHAN G.K.,
ADVOCATE FOR R7)
THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 READ WITH SECTION 114 OF CODE OF CIVIL
PROCEDURE, 1908 R/W. ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA. PRAYING THAT THIS HONBLE
COURT MAY BE PLEASED TO REVIEW THE ORDER DATED
12.10.2023 PASSED IN W.P. NO. 10021/2020 (S-RES) BY THIS
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HONBLE COURT, AS AGAINST RESPONDENT NO.7 IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. This Court had allowed W.P. No.10021/2020 and had directed the State to consider the petitioners as employees who have been absorbed in the respective Government Departments where they were working on deputation from 24.02.2003 and pay them all consequential benefits including back wages for the periods for which they had not rendered any service in the Government Departments because of the Government's action on asking them to be absorbed in Mysuru Lamps Limited.
2. This Court had also observed that any sums paid to the petitioners during the pendency of the petition would be deducted from the back wages that was ordered to be paid to them.
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3. This Review Petition has thereafter been filed only in respect of petitioner No.7/Narayanaswamy, who has been arraigned as respondent No.7 in the Review Petition. It is contended by the State that Narayanswamy was gainfully employed in the Karnataka State Tourism Development Corporation Ltd. (for short 'KSTDC') against a permanent post, as a driver and was drawing the regular pay and other allowances since January 2009 and since Narayanswamy was already working in another Government undertaking, the question of absorbing him, as per the order passed by this Court would not arise.
4. In my view, the fact that petitioner No.7/Narayanswamy did not disclose the fact that he had been appointed to a permanent post in KSTDC, he would be disentitled for any relief that was granted to the other petitioners in W.P. No.10021/2020. The objective of the order passed by this Court was that the petitioners who had obtained an order of absorption which had obtained finally should be entitled to the benefit of absorption. If, -6- NC: 2024:KHC:52405 RP No. 419 of 2024 however, Narayanaswamy had chosen to get himself appointed in KSTDC as a driver on a permanent basis, it is obvious that he had relinquished his claim for absorption. Consequently, the order dated 12.10.2023 is reviewed only in so far as it relates to petitioner No.7 therein, i.e., Narayanaswamy and he would not be entitled to the benefits of absorption accorded to the other petitioners in the order.
5. It is made clear that the relief granted in the order passed in W.P.No.10021/2020 will be applicable only to petitioner Nos. 1 and 2 and not to petitioner No.7.
6. Accordingly, this petition is allowed.
Sd/-
(N S SANJAY GOWDA) JUDGE BKN/List No.: 1 Sl No.: 11