Smt. Sathyabhama C vs State Of Karnataka on 6 September, 2017

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Karnataka High Court

Smt. Sathyabhama C vs State Of Karnataka on 6 September, 2017

Bench: B. Veerappa

                           1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 6TH DAY OF SEPTEMBER, 2017

                        BEFORE

          THE HON'BLE MR. JUSTICE B. VEERAPPA

          WRIT PETITION NO.44401/2014 (S-REG)

BETWEEN:

SMT. SATHYABHAMA C.,
A/A 50 YEARS,
W/O DHANANJAYA A.K,
R/AT NO.68, SRI SIDDALINGESWARA KRUPA,
5TH MAIN, 5TH CROSS, RPC LAYOUT,
2ND STAGE, VIJAYANAGAR,
BANGALORE-560 040.
                                     ... PETITIONER
(BY SRI ROHIT URS D., ADVOCATE)

AND:

1.     STATE OF KARNATAKA,
       REP. BY ITS SECRETARY,
       DEPARTMENT OF AGRICULTURAL AND
       HORTICULTURE,
       M.S.BUILDING, BANGALORE-560 001.

2.     UNIVERSITY OF AGRICULTURAL SCIENCE
       REPRESENTED BY ITS REGISTRAR,
       ADMINISTRATIVE OFFICE, GKVK,
       BANGALORE-560 065.
                               2



3.   ADMINISTRATIVE OFFICER,
     UNIVERSITY OF AGRICULTURAL SCIENCE,
     ADMINISTRATIVE OFFICE, GKVK,
     BANGALORE-560 065.
                                    ... RESPONDENTS
(BY SRI HARSHA, AGA FOR R1;
SRI M SREENIVASA, ADVOCATE FOR R2 & R3)

                            ****

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 27.08.2014 PASSED BY THE R-3
MADE IN NO.AO/GEN-I/SBC/2014-15 REJECTING THE CASE
OF THE PETITIONER FOR REGULARIZATION VIDE
ANNEXURE-A AND ALSO A WRIT OF MANDAMUS
DIRECTING THE RESPONDENT UNIVERSITY TO CONSIDER
THE REPRESENTATION OF THE PETITIONER DATED
29.03.2011 PRODUCED AT ANNEXURE-Q IN ACCORDANCE
WITH LAW AND ETC.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-


                         ORDER

The petitioner filed the present writ petition for a writ of certiorari to quash the order dated 27.8.2014 passed by the 3rd respondent rejecting the case of the petitioner for regularization as per Annexure-A and also for writ of 3 mandamus directing the respondent - University to consider her representation dated 29.3.2011 as per Annexure-Q to regularize her services in the sanctioned post of Assistant at Main Research Station, Hebbal wherein she has been discharging her duties for more than 27 years.

2. Sri M. Sreenivasa, learned counsel for the respondent - University filed a memo dated 24.3.2017, which reads as under:

It is submitted that, during the pendency of the above writ petition, the Government issued a Government Order dated 19.9.2014 as per Annexure-R4, granting various benefits under the New Act and Rules. As per the Government order, this Respondent University issued a final order dated 21.1.2015 as per Annexure-R8. However the petitioner made a representation dated 16.1.2017 with the respondent University, requesting for Voluntary Retirement from service and to settle down at USA. Accordingly she was 4 permitted to retire and relieved from Service on 27.1.2017. The copy of the representation and the Official orders are produced herewith for kind perusal of this Hon'ble Court. In view of the subsequent developments took place, the above writ petition does not Survive for consideration in the interest of Justice.

3. The said memo is placed on record.

4. In view of the memo dated 24.3.2017, the writ petition does not survive for consideration. However, it is always open for the petitioner to file necessary application for recalling the order, if need arises in future, in case the memo filed by the respondent - University is false.

With the above observations, the writ petition is disposed of.

Sd/-

JUDGE Gss/-

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