Karnataka High Court
H. R. Raghavendra vs The State Of Karnataka on 14 January, 2019
Equivalent citations: AIRONLINE 2019 KAR 1436, 2019 LAB IC 1668, 2019 (2) AKR 20, 2019 (3) KCCR SN 161 (KAR), (2019) 4 SERVLR 823
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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R.Ps.No.25/2018 & 54-67/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JANUARY, 2019
PRESENT
THE HON'BLE MR. JUSTICE H.G.RAMESH
AND
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
R.Ps.No.25/2018 & 54-67/2018
BETWEEN:
1. H.R.RAGHAVENDRA
S/O RAMEGOWDA
AGED ABOUT 58 YEARS
WORKING AS HORTICULTURE ASSISTANT
HEBBAL POST, HEBBAL
KOPPAL-571 272, K.R.NAGAR TALUK
MYSORE DISTRICT
2. T.KRISHNAPPA
S/O LATE THIMMARAYAPPA
AGED ABOUT 62 YEARS
C.D.AGRAHARA, KADANUR POST
DODDABALLAPUR TALUK-561 203
BANGALORE RURAL DISTRICT
(WORKED AS HORTICULTURE ASSISTANT
O/O THE ASSISTANT DIRECTOR OF HORTICULTURE
Z.P.NILAMANGALA, BANGALORE RURAL DIST.)
3. MALIKARJUNA GOUDA
S/O KALANAGOWDA PATIL
AGED ABOUT 56 YEARS
WORKING AS HORTICULTURE ASSISTANT
O/O SENIOR ASSISTANT DIRECTOR OF
HORTICULTURE, ZILLA PANCHAYAT
GADAG-582 101
2
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4. H. PUTTARAJU
S/O LATE HOMBE GOWDA
AGED ABOUT 59 YEARS
WORKING AS HORTICULTURE ASSISTANT
O/O SENIOR ASSISTANT DIRECTOR OF
HORTICULTURE, ZILLA PANCHAYAT
KENGERI, BANGALORE SOUTH-560 060
5. SANNA LINGAIAH
S/O CHIKKA BEERAIAH
AGED:55 YEARS
WORKING AS HORTICULTURE ASSISTANT
(OPG) (RULE 32), O/O THE DEPUTY DIRECTOR
OF HORTICULTURE, CUBBON PARK
BANGALORE-560 001
6. SRI RAMACHANDRA
S/O LATE DASE GOWDA
AGED 56 YEARS
WORKING AS HORTICULTURE ASSISTANT
(RULE 32), O/O SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
CHANNAPATNA-573 116
RAMANAGARA DISTRICT
7. B.DEVARAJU
S/O SHRI BASAVAIAH
AGED ABOUT 53 YEARS
HORTICULTURE ASSISTANT
(UNDER RULE 32)
HORTICULTURAL FARM
HUNUSURU-571 105
MYSORE DISTRICT
8. S.C.SHEKAR
S/O CHALUVEGOWDA
AGED 53 YEARS
HORTICULTURE ASSISTANT
O/O THE SENIOR ASSISTANT DIRECTOR
HORTICULTURE (Z.P)
K.R.NAGAR-571 602
MYSORE DISTRICT
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9. R.K.BUDDAPPAGOL
S/O KALAPPA
AGED ABOUT 56 YEARS
WORKING AS HORTICULTURE ASSISTANT
O/O DEPUTY DIRECTOR OF HORTICULTURE
CUBBON PARK, BANGALORE-560 001
10. SRI B.G.LAMANI
S/O GANGALAMARI
AGED ABOUT 56 YEARS
WORKING AS HORTICULTURE ASSISTANT
S.A.D.H. ZILLA PANCHAYAT
INDI-586 209
VIJAYAPURA DISTRICT
11. M.CHIKKE GOWDA
S/O NADE GOWDA
AGED ABOUT 53 YEARS
HORTICULTURE ASSISTANT
O/O SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE, STATE SECTOR
MANDYA-571 401
12. PUTTASWAMY ACHAR
S/O MARISWAMACHARY
AGED ABOUT 55 YEARS
WORKING AS HORTICULTURE ASSISTANT
O/O SENIOR ASSISTANT DIRECTOR OF
HORTICULTURE, MANDYA-571 401
13. P.M.JAYASIDDAIAH
S/O MALLAIAH
AGED ABOUT 52 YEARS
WORKING AS HORTICULTURE ASSISTANT
O/O THE ASSISTANT DIRECTOR OF HORTICULTURE
PARK IN GARDENS/CURZON PARK
MYSORE-570 001
14. SRI.MOULA HUSSAIN
S/O SATRAPPA
AGED ABOUT 56 YEARS
WORKING AS HORTICULTURE ASSISTANT
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O/O ASSISTANT DIRECTOR OF HORTICULTURE
HOGARIBOMMANAHALLI-583 212
BELLARY DISTRICT
15. A.KRISHNAMURTHY
S/O ANKE GOWDA
AGED ABOUT 59 YEARS
WORKING AS HORTICULTURE ASSISTANT
O/O THE DY. DIRECTOR OF HORTICULTURE
LALBAGH, BANGALORE-560 004 ...PETITIONERS
(BY SHRI. V. LAKSHMINARAYANA, SR. COUNSEL FOR
SHRI. RANGANATHA S. JOIS, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF HORTICULTURE KAT
M.S. BUILDING
BANGALORE-560 001
2. THE COMMISSIONER OF HORTICULTURE
LAL BAGH, BANGALORE-560 004
3. SRI K.VENKATESHAMURTHY
AGED MAJOR, SUPERNUMARARY GARDNER
O/O DEPUTY DIRECTOR OF HORTICULTURE
LALBAGH, BANGALORE-560 004
4. SRI GOPAL
AGED MAJOR, SUPERNUMARARY GARDNER
O/O DEPUTY DIRECTOR OF HORTICULTURE
LALBAGH, BANGALORE-560 004
5. SRI NARAYANAPPA
AGED MAJOR, SUPERNUMARARY GARDNER
O/O DEPUTY DIRECTOR OF HORTICULTURE
LALBAGH, BANGALORE-560 004
6. D.MUNISWAMY
S/O DODDAVENKATAPPA
AGED ABOUT 55 YEARS
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WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT) HOSAKOTE
BANGALORE RURAL DISTRICT-562 114
7. D.S.RAMESH
S/O D.A.SRINIVASA AIYAR
AGED ABOUT 53 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), CHINTAMANI
CHICKKABALLAPUR DISTRICT-571 501
8. SANGANAGOWDA BASANAGOWDA PATIL
S/O BASANAGOWDA
AGED ABOUT 54 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O ASSISTANT DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), SAVANUR
HAVERI DISTRICT-581 110
9. G.NAGARAJ
S/O GANGADHARAPPA
AGED ABOUT 56 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), DODDABALLAPUR
BANGALORE RURAL DISTRICT-561 203
10. THIMMASHETTY
S/O CHOWDASHETTY
AGED ABOUT 58 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), PERIYAPATNA
MYSORE DISTRICT-570 001
11. MALLIKARJUNA K. PATTAR
S/O SASHINATH PATTAR
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AGED ABOUT 58 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT) GADAG DISTRICT-582 101
12. M.GANGULAPPA
S/O MUNIVARAPPA
AGED ABOUT 52 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), CHINTAMANI
CHIKKABALLAPUR DISTRICT-562 101
13. RANGASWAMAIAH
S/O THIMMAIAH
AGED ABOUT 52 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT) MAGADI
RAMANAGARA DISTRICT-562 120
14. D.C.SHIVEGOWDA
S/O CHIKE GOWDA
AGED ABOUT 55 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT)
CHIKKAMAGALUR DISTRICT-577 102
15. SUBRAMANI
S/O KARAPPASHETTY
AGED ABOUT 54 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), HOSAKOTE
BANGALORE RURAL DISTRICT-562 114
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16. BELIAPPA
S/O ERAIAH
AGED ABOUT 57 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), CHIKKAMAGALUR-577 102
17. J.SHIVANNA
S/O JAGALURAIAH
AGED ABOUT 54 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT) JAGALUR
CHITRADURGA DISTRICT-577 501
18. M.N.SHIVANNA
S/O NANJAPPA
AGED ABOUT 52 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT)
MYSORE-577 201
19. RAJASHEKARAPPA
S/O NANJUNDAPPA
AGED ABOUT 50 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT)
CHIKKAMAGALUR-577 101
20. H.M.PAPPANNA
S/O MUDALAGIRIAPPA
AGED ABOUT 52 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT)
CHIKKAMAGALUR-577 103
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21. K.B.CHANNABASAPPA
S/O BASAPPA
AGED ABOUT 57 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT)
CHIKKAMAGALUR-577 105
22. B.C.RANGASWAMY
S/O CHINNAIAH
AGED ABOUT 49 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O ASSISTANT DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), NARASHIMARAJAPURA
CHIKKAMAGALUR DISTRICT-577 105
23. B.S.RAMAIAH
S/O SANNAIAH
AGED ABOUT 50 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), MUDAGERE
CHIKKAMAGALUR DISTRICT-577 101
24. M.SHANKAR
S/O MADAIAH
AGED ABOUT 53 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O DEPUTY DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT)
CHAMARAJANAGARA-571 313
25. MANCHAIAH
S/O LANGAIAH
AGED ABOUT 57 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), MYSURU-570 001
9
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26. SADANANDA FAKERAPPA BUDHIAL
S/O SADANANDA FAKERAPPA
AGED ABOUT 49 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT)
SINDAGI, BIJAPUR DISTRICT-586 101
27. V.A.HUBBALLI
S/O ANDAPPA
AGED ABOUT 54 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
Z.P.MUNDARAGI, GADAG DISTRICT-582 118
28. H.B.GANESH
S/O BABU
AGED 54 YEARS
WORKING AS ASSISTANT HORTICULTURE OFFICER
O/O SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE
(ZILLA PANCHAYAT), SOMWARPET
COORG DISTRICT-571 201
29. SHRI KALAKAPPA
AGED 56 YEARS
ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT,
DIRECTOR OF HORTICULTURE (Z.P)
KUKKANOOR-583 232
RAITHA SAMPARKA KENDRA
YELABURGA, KOPPAL DIST
30. SHRI PUNDALIKA
MAJOR
ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF
HORTICULTURE (Z.P.) YADGIRI, YADGIRI ZILLA
31. SHRI H.P.RAJAPPA
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE (Z.P)
10
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BELUR-573 115
HASSAN DIST.
32. SHRI SHIVARAJU
AGE:MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE ASSISTANT DIRECTOR OF
HORTICULTURE TRAINING CENTRE
MUNIRABAD-583 233
KOPPALA DIST.
33. SHRI PRABHAKARAYYA
AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE (Z.P)
DEVADURGA-584 111, RAICHUR DIST.
34. SHRI MOHD. SHARIFF MULLA
AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE (Z.P)
KALAGATAKI (RSK)-581 204
DHARWAR DIST.
35. SHRI H.M.THIMMAPPA
AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE ASSISTANT DIRECTOR OF
HORTICULTURE (Z.P)
HUNCHA RSK, HOSANAGARA-577 418
SHIVAMOGA DIST
36. SHRI PALAKSHAPPA
AGE:MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
KOPPAL RSK-583 231
KOPPAL DIST.
37. SHRI BASAVARAJA LINGAPPA BAREGAR
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
RANEBENNUR-581 115, HAVERI DIST.
11
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38. SHRI K.V.HANUMANTHAPPA
AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P), HONNALI-577 217
DAVANGERE DIST.
39. SHRI SHIVANNAGOWDA VEERANNAGOWDA PATIL
AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
KARZAGI RSK-581 122
KARJAGI, HAVERI DIST.
40. SHRI H.D.GANESHA
AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
SOMWARPET RSK-571 236
SOMWARPET, KODAGU DIST.
41. SHRI T.RAMAIAH
AGE:MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
EEREGUNTANUR RSK-577 502
CHITRADURGA DIST.
42. SHRI V.V.METTI
AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P), RONA-582 209
HAVERI DISTRICT
43. SHRI C.S.AVATI
AGE:MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
HALIYALA 581329
HAVERI DISTRICT
44. SHRI Y.D.HANUMANTHA (RETD.)
MAJOR, ASSISTANT HORTICULTURE OFFICER
12
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OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
KOPPA RSK-571 425
MADDURU, MANDYA DIST
45. SHRI M.SOMANNA
AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
HOSAKOTE-562 114
BANGALORE RURAL DIST.
46. SHRI R.MANJU
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SPECIAL OFFICER FOR
HORTICULTURE, KRISHNARAJENDRA GIRIDHAMA
KEMMANGUNDI, TARIKERE TALUK-577 228
CHIKKAMAGALUR DIST.
47. SHRI UMESH NARAHARI BUNT
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
KUNDAPURA-576 201
MANGALUR DIST
48. SHRI A.S.JAYADEVA
AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
YELUWALA RSK-570 102
MYSORE
49. SHRI SHIVAKUMAR
AG: MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
NANJANGUD-571 301
MYSORE DISTRICT
50. SHRI M.M.BABANAGARA
MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE ASSISTANT DIRECTOR
13
R.Ps.No.25/2018 & 54-67/2018
OF HORTICULTURE (Z.P)
LOKAPURA RSK-587 122
MUDOLA TALUK
BAGALKOT DIST
51. SHRI R.JAYARAMU
AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
KIKKERI RSK-571 423
KRISHNARAJAPET, MYSORE DIST.
52. SHRI K.HANUMANTHAPPA
AGE:MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE LEAF ANALYSIS LAB
SHIMOGA-577 201
53. SHRI O.L.NARASIMHA MURTHY
AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
HIRIYUR-572 143
CHITRADURGA DIST.
54. SHRI SHIVARAJ
AGE:MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
TRAINING CENTRE
MUNIRABAD-583 233
55. SHRI S.N.NARAYANASWAMY
AGE:MAJOR, ASSISTANT HORTICULTURE OFFICER
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (STATE SECTOR)
TUMKUR-572 101
56. SHRI T.C.RANGAIAH
AGE:MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
HIRIYUR-572 143, CHITRADURGA DIST
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57. SHRI K.M.MAHADEVAIAH
AGE:MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
(PARKS AND GARDENS)
CURZON PARK-577 117, MYSORE
58. SHRI DAVARAPPA
AGE:MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
LINGASUGURU-584 122
RAICHUR DISTRICT
59. SHRI EERAPPA G. GORABALA
AGE:MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE (STATE SECTOR)
HOMOPARK, BELGAUM-590 001
60. SHRI M.D.JAFFER
AGE:MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
SINDANUR-584 128, RAICHUR DIST.
61. SHRI SARANGADARA
AGE:MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
MADIKERI-571 201, KODAGU DIST.
62. SHRI SHIVAPUTRAPPA
MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE ASSISTANT DIRECTOR
OF HORTICULTURE (WATER-SHED)
GULBARGA-585 101
63. SHRI G.NAGENDRA GOWDA
AGE:MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
15
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HALIYALA-581 329
64. SHRI RAGHUPATHY
AGE:MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
RAICHUR-5584 101
65. SHRI SHIVASHANKAR
AGE:MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
GULBARGA-585 101
66. SHRI SHRIDHAR VARMA
AGE:MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (STATE SECTOR)
CHITRADURGA-577 502
67. SHRI DEVIPRASAD
AGE:MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (STATE SECTOR)
MANGALORE-576 101
68. SHRI V.V.RAMOJI
AGE:MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
BIDAR-585 401
69. SHRI S.S.MAGADUR
AGE:MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE ASSISTANT DIRECTOR
OF HORTICULTURE (HORTICULTURE FARM)
CHINCHOLI-585 307
70. SHRI B.KRISHNAMURTHY
MAJOR, HORTICULTURE ASSISTANT
OFFICE OF THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (Z.P)
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KADUR-577 548
CHIKMANGALUR DIST. ...RESPONDENTS
(BY SHRI. VASANTH V. FERNANDIZE, HCGP FOR R1 & 2;
SHRI. M. NAGAPRASANNA, ADVOCATE FOR R6-8, 12-15,
24, 26, 27, 40, 44, 49 & 51;
SHRI. JAVID HUSSAIN, ADVOCATE FOR 35 TO 39;
RESPONDENTS 5, 9, 16-23, 25, 28-29, 31-34,
42-43, 45-48, 50, 52, 54, 55, 57-62, 69 & 70
ARE SERVED;
V/ORDER DATED 10.08.2018, NOTICE TO R3, 4, 10, 11,
30, 41, 53, 56 & 63-68 ARE DISPENSED WITH)
THESE REVIEW PETITIONS ARE FILED UNDER ORDER 47 RULE 1
R/W 114 OF CPC, PRAYING TO RECALL THE ORDER DATED 08.01.2018
MADE IN W.Ps. NO. 52120-52134/2017 VIDE ANNEXURE-A AND
REVIEW THE SAME AFTER HEARING THE PETITIONERS ON FACTS AND
LAW AS TO ORDER UNDER REVIEW SUFFERS FROM ERROR APPARENT
ON THE FACE AND OPPOSED TO PRINCIPLES OF NATURAL JUSTICE AND
ETC.
THESE REVIEW PETITIONS HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 07.09.2018, COMING ON FOR PRONOUNCEMENT OF
ORDERS, THIS DAY, P.S. DINESH KUMAR, J., PRONOUNCED THE
FOLLOWING:-
ORDER
In these review petitions, petitioners have sought for review of order dated 08.01.2018 dismissing the writ petitions in W.Ps.No.52120-52134/2017.
2. For the sake of convenience, the parties herein are referred to as per their ranking in the writ petitions. 17
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3. Heard Shri V.Lakshminarayana, learned Senior Advocate for the petitioners, Shri Vasanth V.Fernandize learned HCGP for the State, Shri M.Nagaprasanna and Shri Javid Hussain, learned Advocates for the private respondents.
4. Petitioners were selected for the post of 'Gardeners' in the Horticulture Department, in the year 1987. However, appointment orders were not issued to them. They approached the Karnataka State Administrative Tribunal, Bengaluru ('KAT' for short) in Application Nos. 1646, 1647 to 1656 & 1658/1990. By order dated 26.06.1990, KAT disposed of the said applications directing the Director of Horticulture and State Government to take appropriate decision in the matter within three months from the date of receipt of a copy of the said order. Subsequently, appointment orders were issued to petitioners in the year 1998. The Horticulture Department prepared the seniority list for the first time on 08.05.2003, wherein, daily wage 18 R.Ps.No.25/2018 & 54-67/2018 employees, who were regularized against supernumerary posts were placed above petitioners at Sl.Nos.2193 to 4349. Petitioners filed their objections to the said seniority list. The final seniority list was prepared on 8/23.9.2005. Feeling aggrieved, petitioners approached the KAT for redressal of their grievances. By order dated 17.10.2017, the KAT dismissed their application Nos.7328-7330/2006 and application Nos.214-230/2011. Petitioners challenged the same before this Court in W.Ps.No.52120-52134/2017 which have been dismissed by order dated 08.01.2018 whose review is sought in these petitions.
5. In substance, grievance of the petitioners is that initially, the State Government erred in not issuing the appointment orders though they were selected in the year 1987, compelling them to approach the KAT. In the Seniority list, they have been placed below the daily wage employees who were absorbed by the Horticulture Department.
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6. This Court has dismissed the writ petitions by placing reliance on the authority in Nani Sha Vs. State of Arunachal Pradesh1.
7. Shri Lakshminarayana for review petitioners argued that these review petitions merit consideration in the light of the decision of Supreme Court of India in Balwant Singh Narwal and others Vs. State of Haryana and others2.
8. Opposing these review petitions, Shri Nagaprasanna for private respondents contended that Balwant Singh is decided on the facts of that case inasmuch as the parties therein were governed by the earlier decision of Supreme Court of India and therefore not applicable in the facts of these cases. He argued that there is no error apparent on the face of the record warranting review of the order impugned in these petitions.
1 (2007) 15 SCC 406 2 (2008) 7 SCC 728 20 R.Ps.No.25/2018 & 54-67/2018
9. We have carefully considered rival contentions of learned advocates for the parties and perused the records.
10. In the very decision in Balwant Singh, Supreme Court of India has held (in paragraph No.8 page 731 SCC) that there is no dispute with regard to the general preposition that selection by Public Service Commission is merely recommendatory and does not imply automatic appointment and that the appointing authorities should not give notional seniority without valid reason, from a retrospective date, which would affect the seniority of those who have already entered service.
11. So far as the ratio in Balwant Singh is concerned, Shri Nagaprasanna is right in contending that the parties were bound by an earlier 'inter-party decision' of the Supreme Court of India. It may be useful to extract the relevant portion of the said judgment which reads as follows:
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R.Ps.No.25/2018 & 54-67/2018 "10. This Court while allowing the appeals by Respondents 4 to 16 by order dated 6-12-1999 made it clear that all the 30 persons recommended by the Commission as per merit list dated 1-10-1993, including Respondents 4 to 16 are entitled to be appointed. The State Government submitted that but for the order dated 4-4-1994 of the High Court, Respondents 4 to 16 would have been appointed on 2-6-1994 itself. The order dated 4-4-1994 was ultimately set aside by this Court and Respondents 4 to 16 who were consequently appointed should not be denied the benefit of seniority. Therefore, the State Government was justified in giving them only notional seniority and placing them immediately below the other 16 candidates selected in the common merit list (published on 1-10-1993) and appointed on 2-6-1994. Respondents 4 to 16 have been given retrospective seniority not from the date of their selection as wrongly assumed by the appellants, but from 2-6-1994 when other selected candidates in their merit list were appointed."
(Emphasis supplied)
12. Thus, parties in Balwant Singh were bound by inter-party decision dated 06.12.1999 given by the Supreme Court of India in appeals filed by respondents No.4 to 16 therein and therefore, not applicable in the facts of these cases.
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13. In the circumstances, we find no error apparent on the face of the record in our order dated 08.01.2018 passed in the writ petitions. Resultantly, these review petitions fail and they are accordingly dismissed.
No costs.
Sd/-
JUDGE Sd/-
JUDGE Yn.