Karnataka High Court
Sri. Kishor Kumar. S vs State Of Karnataka on 15 September, 2018
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
WRIT PETITION No.25746 OF 2018 (S-RES)
C/W
WRIT PETITIONS NO.25738/2018, 25739/2018,
25742/2018, 25743/2018, 25744/2018, 25745/2018,
25747/2018, 25748/2018,
WRIT PETITION NOS.28401-28421/2018 ,
WRIT PETITIONS NO.9542/2018, 11480/2018,
11481/2018, 11482/2018, 11483/2018, 11484/2018,
11487/2018, 25740/2018, 25741/2018, 25749/2018
IN W.P.No.25746 OF 2018
BETWEEN:
SRI.KISHOR KUMAR. S
S/O. LATE B. S. SHIVANNA,
AGED ABOUT 27 YEARS,
R/AT NO.1913, 13TH CROSS,
ASHOKPURAM,
MYSORE - 570 008. ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
2
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE - 560 001.
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE - 560 001
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R4;
R3 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DTD:26.07.2017 ISSUED BY THE R-2 VIDE
ANNEXURE-H AND THE CIRCULAR DTD:19.8.2017 ISSUED BY
THE R1 & R3 VIDE ANNEXURE-J, IN SO FAR AS IT RELATES TO
NON-CONSIDERATION OF THE PENDING APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUNDS OF THE
PETITIONER AND ETC,.
IN W.P.No.25738 OF 2018
BETWEEN:
SRI S MAHESH
3
S/O. LATE. N.SIDDEGOWDA,
AGED ABOUT 29 YEARS,
R/AT: MUDDA BEERANA GUNDI,
ALAGUDU POST, T NARASIPURA TALUK,
MYSORE - 571124 ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE - 560 001.
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE - 560 001
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R4;
R3 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DTD:26.07.2017 ISSUED BY THE R-2 VIDE
4
ANNEXURE-H AND THE CIRCULAR DTD:19.8.2017 ISSUED BY
THE R3 VIDE ANNEXURE-J, IN SO FAR AS IT RELATES TO NON-
CONSIDERATION OF THE PENDING APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUNDS OF THE
PETITIONER AND ETC,.
IN W.P.No.25739 OF 2018
BETWEEN:
SMT.SHYAMALA. N
D/O.SRINIVAS,
AGED ABOUT 37 YEARS,
R/AT NO.618,
KRISHNA RICE MILL ROAD,
K.R. MOHALLA,
MYSORE NAGARA,
MYSORE - 570 008. ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE - 560 001.
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE - 560 001
5
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R4;
R3 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DTD:26.07.2017 ISSUED BY THE R-2 VIDE
ANNEXURE-H AND THE CIRCULAR DTD:19.8.2017 ISSUED BY
THE R3 VIDE ANNEXURE-J, IN SO FAR AS IT RELATES TO NON-
CONSIDERATION OF THE PENDING APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUNDS OF THE
PETITIONER AND ETC,.
IN W.P.No.25742 OF 2018
BETWEEN:
SRI. T. ANBU
S/O. LATE TIRUGNANAM,
AGED ABOUT 31 YEARS,
R/AT NO.323, LIG, 2,
1ST STAGE,
5TH CROSS, SHARADADEVI NAGARA,
MYSORE - 570 008. ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
6
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE - 560 001.
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE - 560 001
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R4;
R3 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DTD:26.07.2017 ISSUED BY THE R-2 VIDE
ANNEXURE-H AND THE CIRCULAR DTD:19.8.2017 ISSUED BY
THE R3 VIDE ANNEXURE-J, IN SO FAR AS IT RELATES TO NON-
CONSIDERATION OF THE PENDING APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUNDS OF THE
PETITIONER AND ETC,.
IN W.P.NO.25743/2018
BETWEEN:
7
SMT.N.MANJULA
W/O. LATE RAVI,
AGED ABOUT 39 YEARS,
R/AT NO.1629/2, CH12,
7TH CROSS,
ASHOKPURAM,
MYSORE - 570 008 ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE - 560 001.
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE - 560 001
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R4;
R3 IS SERVED)
8
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DTD:26.07.2017 ISSUED BY THE R-2 VIDE
ANNEXURE-H AND THE CIRCULAR DTD:19.08.2017 ISSUED BY
THE R1 & R3 VIDE ANNEXURE-J, IN SO FAR AS IT RELATES TO
NON-CONSIDERATION OF THE PENDING APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUNDS OF THE
PETITIONER AND ETC,.
IN W.P.No.25744 OF 2018
BETWEEN:
SRI.G.SRINIVAS
S/O.GOVINDARAJU,
AGED ABOUT 37 YEARS,
R/AT NO.131, EWS, HUDCO COLONY,
SAIYEJ FARM ROAD,
VIDYARANYAPURAM,
MYSORE - 570 008. ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE - 560 001.
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
9
M.G.ROAD, BANGALORE - 560 001
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R4;
R3 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DTD:26.07.2017 ISSUED BY THE R-2 VIDE
ANNEXURE-H AND THE CIRCULAR DTD:19.8.2017 ISSUED BY
THE R1 & R3 VIDE ANNEXURE-J, IN SO FAR AS IT RELATES TO
NON-CONSIDERATION OF THE PENDING APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUNDS OF THE
PETITIONER AND ETC,.
IN W.P.No.25745 OF 2018
BETWEEN:
MISS. M. S. DARSHINI
D/O. LATE SHIVANNA,
AGED ABOUT 25 YEARS,
R/AT NO.56, 2ND CROSS,
VIEWERS COLONY,
VISHVESHWARA NAGAR,
MYSORE - 570 008. ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
10
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE - 560 001.
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE - 560 001
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R4;
R3 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT AND
QUASH THE IMPUGNED ORDER DTD:26.07.2017 ISSUED BY THE
R-2 VIDE ANNEXURE-H AND THE CIRCULAR DTD:19.8.2017
ISSUED BY THE R3 VIDE ANNEXURE-J, IN SO FAR AS IT
RELATES TO NON-CONSIDERATION OF THE PENDING
APPLICATION FOR APPOINTMENT ON COMPASSIONATE
GROUNDS OF THE PETITIONER AND ETC,.
IN W.P.No.25747 OF 2018
BETWEEN:
SRI.C.GANAPATI
11
S/O. LATE CHANNAPPA,
AGED ABOUT 41 YEARS,
R/AT NO. 1799, 10TH CROSS,
RAMAIAH LINK ROAD,
ASHOKPURAM,
MYSORE - 570 008. ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE - 560 001.
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE - 560 001
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R4;
R3 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
12
IMPUGNED ORDER DTD:26.07.2017 ISSUED BY THE R-2 VIDE
ANNEXURE-H AND THE CIRCULAR DTD:19.8.2017 ISSUED BY
THE R3 VIDE ANNEXURE-J, IN SO FAR AS IT RELATES TO NON-
CONSIDERATION OF THE PENDING APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUNDS OF THE
PETITIONER AND ETC,.
IN W.P.No.25748 OF 2018
BETWEEN:
SHRI.S.MALLIKARJUNA
S/O. LATE M. B. MANJULA,
AGED ABOUT 31 YEARS,
R/AT NO.58/A, 2ND CROSS,
NACHANAHALLI PALYA,
MYSORE,
MYSORE DISTRICT - 570 008. ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE - 560 001.
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE - 560 001
13
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R4;
R3 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DTD:26.07.2017 ISSUED BY THE R-1 VIDE
ANNEXURE-H AND THE CIRCULAR DTD:19.8.2017 ISSUED BY
THE R3 VIDE ANNEXURE-J, IN SO FAR AS IT RELATES TO NON-
CONSIDERATION OF THE PENDING APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUNDS PENDING PRIOR
FRAMING OF RULES AND ETC,.
IN W.P. NOS.28401-28421/2018
BETWEEN:
1. SRI.B.R.YOGANANDA
S/O LATE BHAGYA M B
AGED ABOUT 30 YEARS,
R/AT 1884, 13TH CROSS
ASHOKPURAM, MYSORE 570 008
2. SRI.R.HARISH
S/O LATE S RAMU
AGED ABOUT 31 YEARS,
# 634, 5TH CROSS
CHAMARAJA MOHALLA
KUMBARAGERE, MYSORE - 570 009
3. SRI G GANESHA
S/O LATE GOPALA G
14
AGED ABOUT 34 YEARS,
# 2676, 2ND CROSS
MEDARAKERE, K R MOHALLA
MYSORE - 570 004
4. SRI N SRINIVASA
S/O LATE NARAYANA
AGED ABOUT 40 YEARS,
# 2169/2, 3RD CROSS
ASHOKPURAM
MYSORE - 570 008
5. SRI.RAJANIKANTH
S/O LATE NINGAIAH
AGED ABOUT 40 YEARS,
# 960, CH-85, 9TH CROSS
ASHOKPURAM, MYSORE - 570 008
6. SRI S DEVARAJU
S/O LATE SAMPATHU
AGED ABOUT 22 YEARS,
(APPLICATION FILED BY MOTHER OF THE
PETITIONER SMT.INDRAMMA)
NO:171/A, 9TH CROSS
MAHADEVAPURA, MYSORE - 570 008
7. SRI S NAGESHA
S/O LATE J SIDDAIAH
AGED ABOUT 24 YEARS,
NO.1954, 12TH CROSS
ASHOKPURAM , MYSORE - 570 008
8. SRI M.N.SHIVAKUMAR
S/O LATE NANJUNDAIAH
AGED ABOUT 39 YEARS,
# 12/A, NEAR SHANKAR NURSING HOME,
KESHAVAPURI MANDI BLOCK,
RAJENDRA NAGARA
MYSORE - 570 007
15
9. SRI.M.P.PUNIHATA
S/O LATE PUTTABASAPPA
AGED ABOUT 28 YEARS,
# 2353, KAILASPURAM
1ST CROSS, MANDI MOHALLA
MYSORE - 570 024
10. SRI.R.SRINIVASA
S/O LATE RAVINDRA S
AGED ABOUT 25 YEARS,
# 897/B, 10TH CROSS
MAHADEVAPURA
MYSORE - 570 008
11. SRI M HARSHA
S/O LATE G MAHADEVAIAH
AGED ABOUT 25 YEARS,
# 1029, LIG, 1ST BLOCK,
11TH CROSS, 5TH MAIN,
6TH PHASE, SHARADADEVINAGARA
MYSORE - 570 022
12. SRI V.KRISHNAMURTHY
S/O LATE VENKATARAMANAIAH
AGED ABOUT 30 YEARS,
NO.1629/1, CH-12, 7TH CROSS
ASHOKPURAM, MYSORE - 570 008
13. SRI.S.BASAVARAJAPPA
S/O LATE SOMARAJU
AGED ABOUT 35 YEARS,
(APPLICATION FILED BY SISTER OF
PETITIONER SMT.NAGARATHNA)
NO.26, HIG-2, GROUP-3,
KHB COLONY, HOOTAGALLI
MYSORE - 570 002
14. SRI M MANJUNATHA
16
S/O LATE MAHADEVA
AGED ABOUT 30 YEARS,
NO.853/F, 115, 12TH CROSS
RAMANUJA ROAD, AGRAHARA,
MYSORE - 570 024
15. MISS M.PRIYA
D/O LATE NAGAMMA
AGED ABOUT 25 YEARS,
(APPLICATION FILED BY SISTER OF
PETITIONER SMT.PALLAVI)
NO.04, 1ST MAIN, 2ND CROSS,
B M SHREE NAGARA
MYSORE - 570 007
16. SRI L SHANKAR
S/O LATE K LINGAIAH
AGED ABOUT 35 YEARS,
NO.1816, 9TH CROSS
ASHOKPURAM, MYSORE - 570 008
17. SRI.N.MANJU
S/O LATE NAGARAJU N
AGED ABOUT 26 YEARS,
NO.157, 5TH CROSS
VIDYANAGARA, TERESIAN COLLEGE,
MYSORE - 570 008
18. SRI R.PRANESHA
S/O LATE RANGAIAH
AGED ABOUT 32 YEARS,
NO.1878, 5TH CROSS
ASHOKPURAM
MYSORE 570008
19. SRI.B.KANTH KUMAR
S/O LATE BANASHANKARAIAH
AGED ABOUT 32 YEARS,
NO.564, R S NAIDU NAGARA,
17
NEAR BUS STAND, 2ND STAGE
KESARE, MYSORE - 570 002
20. SRI B SHIVAKUMAR
S/O LATE BASAVARAJU
AGED ABOUT 30 YEARS,
NO.1628, CH-13/3, 7TH CROSS,
ASHOKPURAM, MYSORE - 570 008
21. SRI.R.CHANDRASHEKHAR
S/O LATE RAMANNA
AGED ABOUT 33 YEARS,
R/AT NO.1904, 2ND MAIN
13TH CROSS, ASHOKAPURAM
MYSORE - 570 008 ... PETITIONERS
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE - 560 001.
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE - 560 001
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
18
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R4;
R3 IS SERVED)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
AND QUASH THE IMPUGNED ORDER DTD:26.07.2017 ISSUED
BY THE R-2 VIDE ANNEXURE-H AND THE CIRCULAR
DTD:19.8.2017 ISSUED BY THE R1 & R3 VIDE ANNEXURE-J, IN
SO FAR AS IT RELATES TO NON-CONSIDERATION OF THE
PENDING APPLICATION FOR APPOINTMENT ON
COMPASSIONATE GROUNDS PENDING PRIOR FRAMING OF
RULES AND ETC,.
IN W.P. NO.9542/2018
BETWEEN:
SHRI. K KUMAR
S/O LATE C M KRISHNAPPA,
AGED ABOUT 27 YEARS,
R/AT NO.1300, 3RD STAGE,
MAMMINAGARA, NEAR MASIDI,
R.S. NAIDUNAGARA, MYSORE,
MYSORE DISTRICT - 570 008 ... PETITIONER
(BY SRI. VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKAS SOUDHA,
BANGALORE - 560 001.
19
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA, BANGALORE - 560 001
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE - 560 001
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R4;
R3 IS SERVED)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED
ORDER DTD:26.07.2017 ISSUED BY THE R-2 VIDE ANNEXURE-H
AND THE CIRCULAR DTD:19.8.2017 ISSUED BY THE R-1 AND 3
VIDE ANNEXURE-J, IN SO FAR AS IT RELATES TO NON-
CONSIDERATION OF THE PENDING APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUNDS OF THE
PETITIONER.
IN W.P. No.11480/2018
BETWEEN:
SHRI. MAHADEVASWAMY K
S/O LATE KRISHNAPPA,
AGED ABOUT 30 YEARS,
R/AT NO.4219/2, 6TH CROSS,
GANDHI NAGAR, MYSORE,
20
MYSORE DISTRICT ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE AND INDUSTRIES DEPARTMENT,
VIKAS SOUDHA, BANGALORE - 560 001
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA, BANGALORE - 560 001
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G. ROAD, BANGALORE - 560 001
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008 ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R3;
R4 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DATED 26.07.2017 ISSUED BY THE 2ND
RESPONDENT VIDE ANNEXURE-H AND THE CIRCULAR DATED
19.08.2017 ISSUED BY THE 1ST AND 3RD RESPONDENTS VIDE
ANNEXURE-J, IN SO FAR AS IT RELATES TO NON-
CONSIDERATION OF THE PENDING APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUNDS OF THE
21
PETITIONER; TO DIRECT THE 3RD AND 4TH RESPONDENTS TO
CONSIDER THE APPLICATION SEEKING APPOINTMENT ON
COMPASSIONATE GROUNDS OF THE PETITIONER DATED
07.06.2013 VIDE ANNEXURE-M AND APPOINT THE PETITIONER
TO THE POST OF GROUP-C OR GROUP-D, CONSIDERING THE
QUALIFICATION HELD BY HIM AS ON THE DATE OF THE
APPLICATION.
IN W.P. No.11481/2018
BETWEEN:
SHRI N KUMARA
S/O LATE NAGARAJU R
R/AT NO.147, 2ND STAGE,
ARAVIND NAGAR, MYSORE
MYSORE DISTRICT - 570 008. ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE-560001.
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE-560001
4. THE GENERAL MANAGER
22
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R3;
R4 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DTD:26.07.2017 ISSUED BY THE R-2 VIDE
ANNEXURE-H AND THE CIRCULAR DTD:19.08.2017 ISSUED BY
THE R-1 AND 3 VIDE ANNEXURE-J, IN SO FAR AS IT RELATES
TO NON-CONSIDERATION OF THE PENDING APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUNDS OF THE
PETITIONER.
IN W.P. No.11482/2018
BETWEEN:
SHRI.MAHENDRA M
S/O LATE MAHADEVAPPA M,
AGED ABOUT 31 YEARS,
R/AT 421, VIVEKANAND NAGAR,
BHYRAPUR, T.NARASIPURA,
MYSORE TALUK,
MYSORE DISTRICT ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
23
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE-560001.
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE-560001
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R3;
R4 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DTD:26.07.2017 ISSUED BY THE R-2 VIDE
ANNEXURE-H AND THE CIRCULAR DTD:19.8.2017 ISSUED BY
R-3 VIDE ANNEXURE-J, IN SO FAR AS IT RELATES TO NON-
CONSIDERATION OF THE PENDING APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUNDS OF THE
PETITIONER AND ETC.,.
IN W.P. No.11483/2018
BETWEEN:
SHRI P.NAVEENA
S/O LATE PAPANNA
AGED ABOUT 34 YEARS,
R/A NO.2098, 4TH CROSS,
ASHOKPURAM, MYSORE
24
MYSORE DISTRICT-570008 ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE-560001.
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE-560001
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R3;
R4 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DTD:26.07.2017 ISSUED BY THE R-2 VIDE
ANNEXURE-H AND THE CIRCULAR DTD:19.8.2017 ISSUED BY
R-1 AND R3 VIDE ANNEXURE-J, IN SO FAR AS IT RELATES TO
NON-CONSIDERATION OF THE PENDING APPLICATION FOR
25
APPOINTMENT ON COMPASSIONATE GROUNDS OF THE
PETITIONER AND ETC.,.
IN W.P. No.11484/2018
BETWEEN:
SHRI R VIJAY
S/O LATE RAMU,
AGED ABOUT 37 YEARS,
R/AT NO.1808, 9TH CROSS,
ASHOK PURAM, MYSORE
MYSORE DISTRICT - 570 008. ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE-560001.
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE-560001
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
26
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R3;
R4 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DTD:26.07.2017 ISSUED BY THE R-2 VIDE
ANNEXURE-H AND THE CIRCULAR DTD:19.8.2017 ISSUED BY
R-1 AND R3 VIDE ANNEXURE-J, IN SO FAR AS IT RELATES TO
NON-CONSIDERATION OF THE PENDING APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUNDS OF THE
PETITIONER AND ETC,.
IN W.P. No.11487/2018
BETWEEN:
SHRI.SHIVANAGARAJU
S/O RAMAIAH
AGED 39 YEARS
R/A NO.G S F COLONY
AT POST T NARASIPURA
MYSORE DISTRICT ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE-560001.
27
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE-560001
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R3;
R4 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DTD:26.07.2017 ISSUED BY THE R-2 VIDE
ANNEXURE-H AND THE CIRCULAR DTD:19.8.2017 ISSUED BY
R-1 AND R3 VIDE ANNEXURE-J, IN SO FAR AS IT RELATES TO
NON-CONSIDERATION OF THE PENDING APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUNDS OF THE
PETITIONER AND ETC,.
IN W.P. No.25740/2018
BETWEEN:
ATHIBULLA KHAN
S/O. LATE BABU,
AGED ABOUT 26 YEARS,
R/AT VIDYANAGAR,
NEAR VIDYODAYA SCHOOL,
T. NARASIPURA-571 124,
MYSORE DISTRICT. ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
28
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE-560001.
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE-560001
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R3;
R4 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DTD:26.07.2017 ISSUED BY THE R-2 VIDE
ANNEXURE-H AND THE CIRCULAR DTD:19.8.2017 ISSUED BY
THE R3 VIDE ANNEXURE-J, IN SO FAR AS IT RELATES TO NON-
CONSIDERATION OF THE PENDING APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUNDS PENDING FOR
FRAMING OF RULES AND ETC,.
29
IN W.P. No.25741/2018
BETWEEN:
SHRI. N. RAJU
S/O. LATE NALLAPPA,
AGED ABOUT 38 YEARS,
R/AT NO.39,
GANESH NAGAR,
B BLOCK, N.R. MOHALLA,
MYSORE - 570 008,
MYSORE DISTRICT. ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
BANGALORE - 560 001.
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE - 560 001
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
30
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R3;
R4 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DTD:26.07.2017 ISSUED BY THE R-2 VIDE
ANNEXURE-H AND THE CIRCULAR DTD:19.8.2017 ISSUED BY
THE R3 VIDE ANNEXURE-J, IN SO FAR AS IT RELATES TO NON-
CONSIDERATION OF THE PENDING APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUNDS PENDING PRIOR
FRAMING OF RULES AND ETC,.
IN W.P. No.25749/2018
BETWEEN:
SRI. S. MANU
S/O. LATE SHIVANNA M,
AGED ABOUT 30 YEARS,
R/AT KEMPANAPURA HOSUR,
MANEGANAHALLI POST,
BILIKERE HOBLI,
HUNSURU TALUK,
MYSORE DISTRICT. ... PETITIONER
(BY SRI.VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HORTICULTURE AND SILK DEVELOPMENT,
VIKAS SOUDHA,
31
BANGALORE - 560 001.
3. THE MANAGING DIRECTOR
KARNATAKA SILK DEVELOPMENT CORPORATION,
3RD AND 4TH FLOOR, UTILITY BUILDING,
M.G.ROAD, BANGALORE - 560 001
4. THE GENERAL MANAGER
KARNATAKA SILK INDUSTRIES CORPORATION,
SILK WEAVING FACTORY,
MANADAWADI ROAD,
MYSORE - 570 008. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 & R2;
SRI.T.P.MUTHANNA, ADV. FOR R4;
R3 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DTD:26.07.2017 ISSUED BY THE R-2 VIDE
ANNEXURE-H AND THE CIRCULAR DTD:19.8.2017 ISSUED BY
THE R3 VIDE ANNEXURE-J, IN SO FAR AS IT RELATES TO NON-
CONSIDERATION OF THE PENDING APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUNDS PENDING PRIOR
FRAMING OF RULES AND ETC,.
THESE WRIT PETITIONS COMING ON FOR FURTHER
ARGUMENTS/PRELIMINARY HEARING IN 'B' GRUOP THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the petitioners submits that the applications made by the petitioners for consideration of their case for appointment on compassionate ground under the Karnataka Silk Industries Corporation (Appointment on 32 Compassionate Ground) Rules, 2016 to be considered by the respondent State Government and appropriate orders need to be passed.
2. Here it is to pertinent to note that the Hon'ble Supreme Court in the case of MANAGEMENT OF M/S M.S. NALLY BHARAT ENGINEERING CO. LTD. v. STATE OF BIHAR & ORS reported in (1990)2 SCC 48 has observed that principles of fairness or procedure of fair-play in action should be observed even where the principles of natural justice are not required to be followed.
3. Further, in the judgment of STATE OF ORISSA v. BINAPANI DEVI reported in AIR 1967 SC 1269 wherein the Hon'ble Supreme Court has observed that if the essentials of justice are ignored and an order made to prejudice the person, that order is a nullity. This concept of rule of law and importance thereof transcends the significance of decision in a particular case.
4. Subject to above observations, these petitions stand disposed of. The respondent-State Government is directed to consider the applications made by the petitioners and to pass 33 appropriate orders in accordance with law. Time for compliance is three months from the date of receipt of the certified copy of this order.
Sd/-
JUDGE lnn