Karnataka High Court
Sri. B.A. Patil vs The State Of Karnataka on 28 August, 2017
Bench: L.Narayana Swamy, H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 28th DAY OF AUGUST 2017
PRESENT
THE HON'BLE Mr. JUSTICE L. NARAYANA SWAMY
AND
THE HON'BLE Dr. JUSTICE H. B. PRABHAKARA SASTRY
WRIT PETITION Nos.100162-186 OF 2016 [S-KAT]
BETWEEN:
1. SRI. B.A. PATIL
AGED ABOUT 68 YEARS
S/O:SRI ANNAPPA GOWDA
RETIRED BLOCK HEALTH EDUCATIONAL
OFFICER, DEPARTMENT OF HEALTH AND FAMILY
WELFARE SERVICES, MINTO EYE HOSPITAL,
BENGALURU
R/O:H.NO:198, SHIVANANDANAGARA,
NAVANAGARA POST,
HUBBALLI-25
ALSO PRESIDENT OF NORTH KARNATAKA
RETIRED GOVERNMENT EMPLOYEES WELFARE
ASSOCIATION(R), ROOM NO.104, ANNAPURNA
HOTEL COMPLEX, NEHRU STADIUM ROAD,
HUBBALLI, DIST:DHARWAD
2. SRI.MOHAMMED HASHAM A ILKAL
AGED ABOUT 75 YEARS
S/O SRI.ABDUL KHADAR
2
R/O:NO.1/10, II STAGE, 4TH CROSS, PARASWADI,
BENGERI ROAD, DHARWAD DISTRICT
LEGAL HEIR AND HUSBAND OF LATE
SMT.F.M.KARNOOLKAR
WORKED AS HEAD MISTRESS
GOVERNEMNT URDU GOVERNMENT SCHOOL,
HUBBALLI, DIST:DHARWAD
3. SRI.V.K.BAZI
AGED ABOUT 68 YEARS
S/O:SRI.KRISHNA
RETIRED ACCOUNTS SUPERINTENDENT
(DEPARTMENT OF STATE ACCOUNTS)
ZILLA PANCHAYATH, DHARWAD
DIST:DHARWAD
R/O:AT PLOT NO.35, "SRI GURU KRUPA" BEHIND
KSRTC DEPOT NO.2, RAGHAVENDRANAGARA,
BARAKOTI ROAD, DHARWAD, DIST:DHARWAD
4. SRI.S.T.BENNADI
AGED ABOUT 68 YEARS
S/O:SRI.TAVANAPPA RETIRED ASSISTANT
EXECUTIVE ENGINEER, NO.5, GHATAPRABHA
LEFT BANK CANAL, DEPARTMENT OF
IRRIGATION, KOUJALAGI, TQ:GOKAK
DIST:BELAGAVI
R/O:PADMAKUNJA, NEAR BAMBAY CHOWL,
LAKSHMI EXTENSION, GOKAK TALUK
DIST:BELAGAVI
5. SRI.V.S.MADAR
AGED ABOUT 68 YEARS
S/O:SRI,.SWTREWAS MADAR
RETIRED SHERISTEDAR
OFFICE OF THE TAHSILDAR
NARAGUNDA TALUK
NARAGUNDA, DIST:GADAG
3
R/O:PLOT NO.25, CHETANA COLONY,
CHENGERI, HUBBALLI-580023,
DIST:DHARWAD
6. SRI.A.G.CHURCHYAL
AGED ABOUR 68 YEARS
S/O:SRI.GURUPADAPPA
RETIRED FIRST DIVISION ASSISTANT
OFFICE OF THE COMMISSIONER OF POLICE,
HUBALI-DHARWAD, DIST:DHARWAD
R/O:PLOT NO.37, BEHIND KSRTC DEPOT NO.2,
KOTILINGANAGARA, GOKUL ROAD, HUBBALLI
DIST:DHARWAD
7. DR.SRI.L.L.DANDANAVAR
AGED ABVOUT 68 YEARS
S/O:SRI.LAKKAPPA DANDANAVAR
RETIRED TALUK MEDICAL OFFICER
DEPARTMENT OF HEALTH AND FAMILY WELFARE
SERVICES, GOKAK
DIST:BELAGAVI
R/O:LAKSHMISADANA
HOSAPETA GALLI, GOKAK
DIST:BELAGAVI
8. SRI.M.G.PATIL
AGED ABOUT 68 YEARS
S/O:SRI.GANGANAGOUDA
RETIRED ACCOUNTS OFFICER
OFFICE OF THE EXECUTIVE ENGINEER, PUBLIC
WORKS DEPARTMENT, GADAG
DIST:GADAG
R/O:BASAVA NILAYA
III MAIN ROAD, V CROSS, KALYANANAGARA,
DHARWAD, DIST:DHARWAD
9. SRI.DANAYYA
4
AGED ABOUT 68 YEARS
S/O:SRI SHIVAIAH
RETIRED WORK INSPECTOR
OFFICE OF THE PUBLIC WORKS DEPARTMENT,
HUBBALLI, DIST:DHARWAD
R/O:PLOT NO.59, "SRI GURU KRUPA", GANESHA
COLONY, OPP TO APMC, ESWARANAGARA
HUBBALLI, DIST:DHARWAD
10. SRI.M.B.BAGOJI
AGED ABOUT 68 YEARS
S/O:SRI.BASAPPA
RETIRED SUPERINTENDENT, OFFICE OF THE
DEPUTY DIRECTOR OF AGRICULTURE, DISTRICT
TRAINING CENTRE, ARABHAVI,
TQ:GOKAK, DIST:BELAGAVI
R/O:NO.288/1, PLOT NO.11, LAKSHMI
EXTENSION, TQ:GOKAK
DIST:BELAGAVI
11. SRI.M.B.HOOLI
AGED ABOUT 67 YEARS
S/O:SRI BASAPPA
RETIRED ASSISTANT TEACHER
OFFICE OF THE BLOCK EDUCATIONAL OFFICER,
DHARWAD CITY RANGE
DIST:DHARWAD
R/O:H.NO:6, MATA KRUPA, BHAPANANAGARA
DEVARAGUDI ROAD, OLD HUBBALLI
DIST:DHARWAD
12. SRI.K.S.SHIVALINGAPPA
AGED ABOUT 67 YEARS
S/O:SRI SHIVALINGAPPA
RETIRED ASSISTANT EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT SUB-DN.,
JAMKHANDI, DIST:BAGALKOT
5
R/O:BABANAGARA LANE, NEAR OLD BUS STAND,
RABAKAVI, DIST:BAGALKOT
13. SRI.S.K.TELI
AGED ABOUT 68 YEARS
S/O:SRI KARABASAPPA
RETIRED HEAD MASTER
H.S.G GOVT. VIDYAPEETA, DONGARAGAO,
AURAD TALUK, DIST:BIDAR
R/O:MARKET GALLI
RABAKAVI POST, TQ:JAMAKHANDI
DIST:BAGALKOT
14. SRI.M.S.BADAMI
AGED ABOUT 67 YEARS
S/O:SOMANATHACHARYA
RETIRED LECTURER
M.V.P. PRE-UNIVERSITY COLLEGE,
DEPARTMENT OF EDUCATION,
RABAKAVI-587314, DIST:BAGALKOT
R/O:NEAR TELEPHONE OFFICE, RAMPUR
RABAKAVI-587314, DIST:BAGALKOT
15. SRI.S.L.DESHAPANDE
AGED ABOUT 68 YEARS
S/O:SRI.LINGO DESHAPANDE
RETIRED FIRST DIVISION ASSISTANT
OFFICE OF THE ASSISTANT EXECUTIVE
ENGINEER, KARNTAKA NEERAVARI NIGAMA
LIMITED, NO.6, GHATAPRABHA LEFT BANK
ZONAL, GOKAK, DIST:BELAGAVI
R/O:LAKSHMI EXTENSION
GOKAK, TQ:GOKAK
DIST: BELAGAVI
16. SRI.M.R.TUPASUNDAR
AGED ABOUT 68 YEARS
6
S/O:SRI.RAJAPPA
RETIRED ATTENDER
OFFICE OF THE CHIEF ENGINEER
COMMUNICATIONS AND BUILDINGS(NORTH),
DHARWAD, DIST:DHARWAD
R/O:MARATHA COLONY, NEAR NEW GANAPATHI
TEMPLE, DHARWAD
DIST:DHARWAD
17. SRI.S.G.HARTI
AGED ABOUT 68 YEARS
S/O:SRI.GURAPPA
RETIRED WORK INSPECTOR, OFFICE OF THE
ASSISTANT EXECUTIVE ENGINEER, PANCHAYATH
ENGINEERING SUB DIVISION, SHIGGAON,
DIST:HAVERI
R/O:NEAR GURUBHAVAN
HOSAPETA GALLI, SHIGGAON
DIST:HAVERI
18. SRI.Z.M.KALEMADAR
AGED ABOUT 68 YEARS
S/O:SRI.MUKHDUMHUSSAIN
RETIRED REVENUE INSPECTOR
OFFICE OF THE TAHSILDAR
KUNDAGOL, DIST:DHARWAD
R/O:H.NO:838, BINDARAGI GALLI
GANESHPETH, HUBBALLI
DIST:DHARWAD
19. SRI.M.V.SATHYAM
AGED ABOUT 68 YEARS
S/O:SRI RAMACHANDRA
RETIRED SENIOR GEOLOGIST
GROUND WATER SURVEY DEPARTMENT,
DEPARTMENT OF MINES AND ZEOLOGY
GANDHINAGARA, BELLARY
7
R/O:C/O:SRI I.V.DODDAMANI
KANAKAGIRI, MALAGALAWARAPETE
DHARWAD
20. SRI.M.S.JANTI
AGED ABOUT 68 YEARS
S/O:SRI SHANKAPPA
RETIRED GROUP-D EMPLOYEE
PRINCIPAL CIVIL COURT, HUBBALLI
DIST:DHARWAD
R/O:CHANNAPETE ROAD,
KUBASADA CHAWL, OLD HUBBALLI
DIST:DHARWAD
21. SRI.V.G.DEVANAGOUDAR
AGED ABOUT 68 YEARS
S/O:SRI GURUNAGOWDA
RETIRED JUNIOR ENGINEER
OFFICE OF THE ASSISTANT EXECUTIVE
ENGINEER, MRBCC SUB DIVISION NO.15,
KURUHATTI, TQ:RON
DSIT:GADAG
R/O:NO.72, SHIVANANDANAGARA
GAMANAGATTI ROAD, NAVANAGARA,
HUBBALLI-580025, DIST:DHARWAD
22. SRI.S.B.MAHISHI
AGED ABOUT 68 YEARS
S/O:SRI BHODARACHAR
RETIRED RADIOLOGIST
KIMS HOSPITAL
DEPARTMENT OF MEDICAL EDUCATION,
HUBBALLI, DIST:DHARWAD
R/O: H.NO:304, KRISHNA APARTMENT,
OPP TO GIRIYAS SHOW ROOM,
DESAI CROSS, HUBBALLI,
DHARWAD DISTRICT
8
23. SRI VISHWANATH BABU RAO SHINDE
AGED ABOUT 68 YEARS
S/O:SRI BABU RAO
RETIRED TRACER
OFFICE OF THE CHIEF ENGINEER
C & B(NORTH), DHARWAD
DIST:DHARWAD
R/O:3RD CROSS, FORT, NEW HUBBALLI
DIST:DHARWAD
24. SRI.A.B.PARAMASHETTY
AGED ABOUT 70 YEARS
S/O:SRI BALAPPA
RETIRED LAY SECRETARY
OFFICE OF THE HEALTH AND FAMILY WELFARE
SERVICES, BELAGAVI DISTRICT, BELAGAVI
R/O:NO.1379, "RENUKA NILAYA",
SADASHIVANAGARA, BELAGAVI
25. SMT.NAGARATHNAMMA
AGED ABOUT 64 YEARS
W/O:DR.SRI LAXMAN DANDIN
RETIRED ASSISTANT CHILD DEVELOPMENT
OFFICER, OFFICE OF THE
CHILD DEVELOPMENT PROJECT
OFFICER, GOKAK
DIST:BELAGAVI, R/O:HOSAPETIGALLI
GOKAK, DIST:BELAGAVI
... PETITIONERS
(By Sri. CHETAN T LIMBIKAI ADV.)
AND:
1. THE STATE OF KARNATAKA
9
REP BY ITS PRINCIPAL SECRETARY
FINANCE DEPARTMENT
VIDHANA SOUDHA
BENGALURU-560001
2. THE DIRECTOR OF TREASURIES
PODIUM BLOCK,
VISVESHWARAIAH TOWER
DR.AMBEDKAR VEEDHI
BENGALURU-560001
3. THE ACCOUNTANT GENERAL IN
KARNATAKA(A&E)
BENGALURU-560001
... RESPONDENTS
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF
INDIA PRAYING THIS HON'BLE COURT TO QUASH THE
COMMON ORDER DATED 26TH FEBRUARY 2015
PASSED BY THE KARNATAKA ADMINISTRATIVE
TRIBUNAL IN APPLICATION Nos.4807 OF 2005 AND
OTHER CONNECTED APPLICATIONS INSOFAR AS THE
PETITIONERS ARE CONCERNED, etc.
THESE PETITIONS COMING ON FOR HEARING
ON IA THIS DAY, NARAYANA SWAMY J., MADE THE
FOLLOWING:
10
ORDER
The petitioners are before this Court assailing the common order dated 26th February 2015 passed by the Karnataka Administrative Tribunal in Application Nos.4807 of 2005 and other connected applications and sought for quashing the same insofar as the petitioners are concerned.
2. These Writ Petitions stood dismissed in view of the peremptory order dated 08th July 2016. Seeking recalling of the said order, I.A. No.2 of 2017 is filed by the learned counsel for the petitioners along with I.A. No.1 of 2017 for condonation of delay in filing the I.A. No.2 of 2017.
3. Perused the reasons stated in the applications. Being satisfied with the cause shown, the delay is condoned and the order dated 08th July 2016 is recalled. The Writ Petitions are restored to their original file. Accordingly, I.A. Nos.1 and 2 of 2017 are allowed. 11
4. The learned counsel for the petitioners has filed a memo dated 19th August 2017 seeking permission for withdrawal of these petitions.
5. In terms of the memo, these Writ Petitions are dismissed as withdrawn. The Office is directed to return the original documents, if any, to the petitioners.
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