Karnataka High Court
Moulappa S/O Huligemma Devadasi Ors vs The State Of Karnataka Ors on 8 April, 2014
W.P.Nos.80054-80082/2011
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IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
DATED THIS THE 8TH DAY OF APRIL 2014
BEFORE
THE HON'BLE MR. JUSTICE H.G.RAMESH
WRIT PETITION Nos.80054-80082/2011 (S-RES)
BETWEEN:
1. MOULAPPA
S/O HULIGEMMA DEVADASI
AGED 27 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH
VIRUPAPUR
SINDHANUR TALUK
RAICHUR DIST. - 584 128
2. SOMASHEKAR
S/O SHIVALINGAPPA
AGED 25 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH
BHOOTALDINNI
SINDHANUR TALUK
RAICHUR DIST. - 584 128
3. MOULAPPA
S/O HANUMATHAPPA
AGED 26 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH
MADSHIRWAR
SINDHANUR TALUK
RAICHUR DIST. - 584 128
4. SARASWATI
W/O VEERABHADRAGOUDA
AGED 28 YEARS
W.P.Nos.80054-80082/2011
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WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH, GOREBAL
SINDHANUR TALUK
RAICHUR DIST. - 584 128
5. TIMMAYYA
S/O HANUMATHAPPA
AGED 27 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH
SALAGUNDA
SINDHANUR TALUK
RAICHUR DIST. - 584 128
6. NIRUPADI
S/O CHIDANANDAPPA
AGED 26 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH
SOMALAPUR
SINDHANUR TALUK
RAICHUR DIST. - 584 128
7. PAMPAYYA
S/O SIDDAYYA
AGED 27 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH
BASSAPUR. K
SINDHANUR TALUK
RAICHUR DIST. - 584 128
8. HUSENAPPA
S/O RAMANNA
AGED 30 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH
BADARLI
SINDHANUR TALUK
RAICHUR DIST. - 584 128
W.P.Nos.80054-80082/2011
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9. UMESH
S/O BASAYYASWAMY
AGED 24 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH, TIDIGOL
SINDHANUR TALUK
RAICHUR DIST. - 584 128
10. VENKATESH
S/O SHAMANNA
AGED 29 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH, JALIHAL
SINDHANUR TALUK
RAICHUR DIST. - 584 128
11. SOMANNA S/O BASANNA
AGED 27 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH
GOUDANBHAVI
SINDHANUR TALUK
RAICHUR DIST. - 584 128
12. MAHIBOOB ALI
S/O HUSENSAB
AGED 24 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH
ROUDAKUNDA
SINDHANUR TALUK
RAICHUR DIST. - 584 128
13. VEERESH K.
S/O BASAVARAJ
AGED 27 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH, GUNJALLI
SINDHANUR TALUK
RAICHUR DIST. - 584 128
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14. AMARESH S/O DURGAPPA
AGED 24 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH, TURVIHAL
SINDHANUR TALUK
RAICHUR DIST. - 584 128
15. SHARNAPPA
S/O SANNA RANGAPPA
AGED 27 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH, ALABNUR
SINDHANUR TALUK
RAICHUR DIST. - 584 128
16. BHEEMANGOUDA
S/O SIDDANGOUDA
AGED 27 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH
RAGALPARVI
SINDHANUR TALUK
RAICHUR DIST. - 584 128
17. RAGHU S/O PERUMAL
AGED 26 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH, R.H.No.1
SINDHANUR TALUK
RAICHUR DIST. - 584 128
18. BASAVARAJ S/O IRAPPA
AGED 27 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH, KOLBAL
SINDHANUR TALUK
RAICHUR DIST. - 584 128
19. MOUNESH KUMAR
S/O RUDRAPPA
AGED 23 YEARS
WORKING AS ACCOUNTANT
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CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH, UMALOOTI
SINDHANUR TALUK
RAICHUR DIST. - 584 128
20. RAGHAVENDRA
S/O HANUMANTHAPPA
KURGODI, AGED 24 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH
HOSALLI E.J.
SINDHANUR TALUK
RAICHUR DIST. - 584 128
21. TIRUPATHI
S/O CHIDANANDAPPA
AGED 24 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH
BALAGANUR
SINDHANUR TALUK
RAICHUR DIST. - 584 128
22. ADI BASAVA
S/O CHIDANANDAPPA
AGED 22 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH
CHENNALLI
SINDHANUR TALUK
RAICHUR DIST. - 584 128
23. ANJINEYA S/O RAMAYYA
AGED 26 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH, DHADESUGUR
SINDHANUR TALUK
RAICHUR DIST. - 584 128
24. OWAN S/O PRAKASHAPPA
AGED 27 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
W.P.Nos.80054-80082/2011
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GRAM PANCHAYATH, RAMATNAL
SINDHANUR TALUK
RAICHUR DIST. - 584 128
25. GIRIYAPPA
S/O VEERANGOUDA
AGED 25 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH
UDBAL (U)
SINDHANUR TALUK
RAICHUR DIST. - 584 128
26. SOMASHEKAR
S/O VIRUPAXAGOUDA
AGED 27 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH, KALMANGI
SINDHANUR TALUK
RAICHUR DIST. - 584 128
27. NAGAPPA
S/O DURUGAPPA
AGED 29 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH, BAPPUR
SINDHANUR TALUK
RAICHUR DIST. - 584 128
28. JOSEPH
S/O MARISWAMY
AGED 27 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
GRAM PANCHAYATH
JAWALGERA
SINDHANUR TALUK
RAICHUR DIST. - 584 128
29. HANMESH
S/O BAJJAYYA HULGUNCHI
AGED 25 YEARS
WORKING AS ACCOUNTANT
CUM-DATA ENTRY OPERATOR
W.P.Nos.80054-80082/2011
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GRAM PANCHAYATH, GONWAR
SINDHANUR TALUK
RAICHUR DIST. - 584 128
.... PETITIONERS
(BY SRI SIDAPURKAR, ADVOCATE FOR
SRI PRASHANTH KUMAR S. GOTUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE
SECRETARY TO GOVERNMENT
RURAL DEVELOPMENT AND
PANCHAYAT RAJ DEPARTMENT
VIKAS SOUDHA
BANGALORE - 560 001
2. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, RAICHUR
RAICHUR DIST.-584 128
3. THE EXECUTIVE OFFICER
TALUKA PANCHAYAT, SINDHNOOR
RAICHUR DIST. - 584 128
.... RESPONDENTS
(BY SRI MANVENDRA REDDY, GOVT. ADVOCATE FOR R1;
SRI AMEET KUMAR DESHPANDE, ADVOCATE FOR R2;
R3 IS SERVED)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF CERTIORARI, QUASHING THE ORDER
BEARING NO.Gra.A.Pa./104/U.Kha.Yo./2007 DATED
05.06.2009 ISSUED BY THE GOVERNMENT IN THE
DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT
RAJ, A TRUE COPY OF WHICH IS PRODUCED AS ANNEXURE-D
AS THE SAID ORDER IS ARBITRARY, CAPRICIOUS,
IRRATIONAL, UNJUST AND UNSUSTAINABLE AND ALSO
VIOLATIVE OF ARTICLES 14, 16 AND 21 OF THE
CONSTITUTION OF INDIA.
W.P.Nos.80054-80082/2011
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THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
H.G.RAMESH, J.(Oral):
Heard. In these writ petitions, the petitioners are challenging the Government Order dated 05.06.2009 (Annexure-D). The petitioners are stated to be working as Accountant-cum-Data Entry operators in various Grama Panchayats. The apprehension of the petitioners is that they are likely to be removed from service pursuant to the impugned Government Order. Learned Government Advocate submits, by the Government Order dated 05.06.2009, the Government has permitted outsourcing of contract labour for implementation of all the schemes under The National Rural Employment Guarantee Act, 2005, and the said order has nothing to do with the continuance or discontinuance of the petitioners' alleged employment with the various Grama Panchayats. In view of this, the apprehension of the petitioners is without any basis. The writ petitions are W.P.Nos.80054-80082/2011 -9- devoid of merit and are accordingly dismissed. In view of dismissal of writ petitions, I.A.No.1/2013 is also dismissed.
Petitions dismissed.
Sd/-
JUDGE NB*