Y B Dalawai And Ors vs The State Of Karnataka on 27 November, 2017

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Karnataka High Court

Y B Dalawai And Ors vs The State Of Karnataka on 27 November, 2017

Bench: G. Narendar

                             1




         IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

  DATED THIS THE 27TH DAY OF NOVEMBER, 2017

                         BEFORE

      THE HON'BLE MR. JUSTICE G. NARENDAR

     WRIT PETITION NOs.202020-23/2017 (S-RES)

BETWEEN:

1. Y.B.Dalawai
   S/o Bapu Dalawai
   Aged about 43 years
   Occ: Second Division Assistant
   O/o Chief Engineer
   Minor Irrigation (N) Zone
   Vijayapur

2. A.H.Bailif
   S/o Hussainsab Bailif
   Aged about 48 years
   Occ: Typist
   O/o Executive Engineer
   Minor Irrigation Div.,
   Vijayapur

3. S.Y. Beeraldinni
   S/o Yalgurdappa Beeraldinni
   Aged about 51 years
   Occ: Tracer
   O/o Executive Engineer
   Minor Irrigation Div.,
   Vijayapur

4. B.M. Nandi
   S/o Maradeppa Nandi
                                  2




   Aged about 48 years
   Occ: Blue Printer
   O/o Executive Engineer
   Minor Irrigation Div.,
   Vijaypur
                                                 ... Petitioners

(By Sri S.V.Biradar, Advocate)

AND:

1. The State of Karnataka
   Represented by its Secretary
   Irrigation/Water Resources Department
   M.S. Building
   Bangaluru

2. The Engineer in Chief
   WRDO, Bangaluru Circle
   Irrigation/Water Resources Department
   Anand Rao Circle
   Bangaluru

3. The Chief Engineer
   Public Works Department
   K.R.Circle
   Bangaluru
                                               ... Respondents

(By Smt. Archana P. Tiwari, AGA)

       These writ petitions are filed under Articles 226 and
227 of the Constitution of India praying to issue a writ of
certiorari to quash the endorsement dated 22.07.2010
bearing   No.JaSamE    15   PWC      2009   issued   by   Under
Secretary, Water Resources Department, Bangalore i.e.
respondent No.1 produced at Annexure-B and etc.
                              3




      These petitions coming on for preliminary hearing this
day, the Court made the following:


                           ORDER

Heard the learned counsel for the petitioners and learned Additional Government Advocate.

2. Learned Additional Government Advocate opposes the petition on the ground of maintainability. She would draw the attention to Annexure-A, which is an order passed by the Karnataka Administrate Tribunal, Bangalore on the applications preferred by various parties including the petitioners. She would submit that the relief sought for pertains to service conditions and hence, the competent forum is the Karnataka Administrative Tribunal only.

3. On perusal of the petition averments, it is categorically pleaded that they have been absorbed into the civil services of the Government and are government 4 servants. Hence, this Court is of the considered opinion that writ petitions are not maintainable before this Court, in the light of the fact of availability of an alternative remedy. Writ petitions are disposed of accordingly.

Sd/-

JUDGE sdu

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