Karnataka High Court
P. Mahesha vs State Of Karnataka on 4 September, 2023
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
-1-
NC: 2023:KHC:31688-DB
WP No. 21601 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT PETITION NO. 21601 OF 2021 (S-KSAT)
BETWEEN:
P. MAHESHA
Digitally signed SINCE DEAD BY LR's
by YASHODHA N
Location: HIGH 1. SMT. MANGALAMMA
COURT OF W/O LATE P. MAHESHA
KARNATAKA AGED ABOUT 57 YEARS
2. SMT. MANASA M.
D/O LATE P. MAHESHA
AGED ABOUT 32 YEARS
3. SRI. PURUSHOTTAMA M.
S/O LATE P. MAHESHA
AGED ABOUT 28 YEARS
ALL ARE R/AT
NO.356/1, HALEBEEDI
TALAKADU, T. NARASIPURA TALUK
MYSURU DISTRICT-571 122. ...PETITIONERS
(BY SHRI. VENKATESH R. BHAGAT, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF SOCIAL WELFARE
VIDHANA SOUDHA
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NC: 2023:KHC:31688-DB
WP No. 21601 of 2021
BENGALURU-560 001.
BY ITS SECRETARY
2. CHAMARAJENDRA GOVERNMENT
VISUAL ART COLLEGE, (KAVA)
INDIAN TEXT BOOK PRINTING
PRESS COMPOUND
SIDDARTHA NAGARA
MYSURU-570 001.
REP BY ITS DEAN
3. THE ADDITIONAL CHIEF SECRETARY
DEPARTMENT OF KANNADA CULTURE
AND INFORMATION, VIKASA SOUDHA
BENGALURU-560 001. ...RESPONDENTS
(BY SHRI. M. SRINIVAS KUMAR, HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF TE
CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS
PERTAINING TO IMPUGNED ORDER DATED 14.06.2021 PASSED BY THE
KARNATAKA ADMINISTRATIVE TRIBUNAL, BANGALORE IN
APPLICATION NO.2922/2020 AT ANNEURE-A, IN THE INTEREST OF
JUSTICE AND EQUITY, QUASHING THE IMPUGNED ORDER DATED
14.06.2021 PASSED BY THE HON'BLE KARNATAKA ADMINISTRATIVE
TRIBUNAL, BANGALORE IN APPLICATION NO.2922/2020 AT
ANNEXURE-A.
THIS W.P., COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR, J., MADE THE FOLLOWING:
ORDER
Shri M.Srinivas Kumar, learned HCGP accepts notice for the respondents.
2. This petition is filed by the legal representatives of one deceased Mahesha, (the applicant before the KSAT 1, Bengaluru), 1 Karnataka State Administrative Tribunal -3- NC: 2023:KHC:31688-DB WP No. 21601 of 2021 challenging KSAT's order dated 14.06.2021 in Application No.2922/2020.
3. Heard Shri Venkatesh R.Bhagat, learned advocate for petitioners and M.Srinivas Kumar, learned HCGP for the State.
4. For the sake of convenience, parties shall be referred as per their status in the trial Court.
5. Brief facts of the case are, Mahesha was appointed as a daily wage employee in Chamarajendra Government Visual Arts College as an attender. His services were regularised on 14.06.1993 in the pay band of Rs.810-1310. Thereafter, he was promoted as SDA2 on 10.08.2000. He was further promoted as FDA3 on 24.09.2011. He claimed reservation as one belonging to 'Scheduled Tribe' category while claiming promotion as SDA. The District Caste Verification Committee cancelled the certificate on verification and held that Mahesha belonged to Category-I. Consequently, he was dismissed from service vide order dated 21.01.20194. Mahesha challenged the same in Application No.733/2019 before the KSAT. The KSAT vide order dated 2 Second Division Assistant 3 First Division Assistant 4 Annexure-A4 -4- NC: 2023:KHC:31688-DB WP No. 21601 of 2021 19.03.2019, disposed of the said application by holding that the order impugned therein was appealable and hence, application was not maintainable. Mahesha approached the third respondent. The State Government has issued an Endorsement dated 30.05.20205, stating that Government is not an Appellate Authority. Shri Mahesha challenged both the order of dismissal and the endorsement in the instant application. By the impugned order, the KSAT has dismissed the application. Hence, this writ petition.
6. Shri Venkatesh Bhagat submitted that when the petitioner was regularised as an attender, he had not claimed any reservation under Scheduled Tribe category. Mahesha has passed away on 11.05.2021 whilst the application was pending before the KSAT. He urged that, the KSAT ought to have considered that Mahesha has not placed any material nor claimed reservation when he was regularised as an attender. Keeping in view the age and the post in which Mahesha was appointed initially, the State Government ought have imposed lesser punishment and reversion to the post of attender would have been just and appropriate.
5 Annexure-A6 -5- NC: 2023:KHC:31688-DB WP No. 21601 of 2021
7. Learned HCGP argued opposing the writ petition and submitted that Mahesha had submitted a false certificate as belonging to Scheduled Tribe category. Therefore, impugned order is just and appropriate and does not warrant interference.
8. In reply, Shri Bhagat submitted that Pariwara community is also considered as Scheduled Tribe in other districts. Mahesha belonged to Mysore District, where the said caste is not considered as Scheduled Tribe and without realising this aspect, Mahesha had claimed reservation.
9. We have carefully considered rival submissions and perused the records.
10. Admittedly, Mahesha was appointed on daily wages on a consolidated salary and subsequently, regularised to the post of an attender. At the time of regularisation, he has not claimed any reservation. After regularisation, promotions have been given to Mahesha to the posts of SDA and FDA based on the caste certificate. It is not in dispute that Mahesha belonged to Pariwara caste which falls under the category of Scheduled Tribe in other -6- NC: 2023:KHC:31688-DB WP No. 21601 of 2021 districts. Mahesha belonged to Mysore District, where the said caste is not considered as Scheduled Tribe. Mahesha has passed away whilst the application was pending. In the facts and circumstances of the case, we are of the view that punishment of dismissal imposed on Mahesha is harsh. Therefore, this petition merits consideration and hence the following:
ORDER i. Writ Petition is allowed;
ii. Order dated 14.06.2021 in Application No.2922/2020 passed by the KSAT, Bengaluru, as per Annexure-A is set-aside; and the application is allowed in part;
iii. The dismissal order dated 21.01.2019 as per Annexure-A4 is set aside;
iv. Mahesha shall be treated as an attender as on the date of dismissal. He shall not be entitled for any wages from the date of dismissal till date of superannuation on the doctrine of 'no work no pay'. His legal representatives, who are petitioners in this writ petition shall be entitled for the service benefits in accordance with law.-7-
NC: 2023:KHC:31688-DB WP No. 21601 of 2021 Learned HCGP is permitted to file a memo of appearance in four weeks.
No costs.
Sd/-
JUDGE Sd/-
JUDGE YN List No.: 1 Sl No.: 19