Karnataka High Court
S N Thippeswamy vs State Of Karnataka on 12 April, 2018
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF APRIL, 2018
BEFORE
THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA
WRIT PETITION NOs.1302-1317/2017 [S-RES]
BETWEEN:
1. S N THIPPESWAMY
S/O SANNA NINGAIAH
AGED ABOUT 39 YEARS
MANAGER-SKILL & LIVELIHOOD
DUDC, DEPUTY COMMISSIONERS OFFICE
DAVANAGERE-577001
R/O KB HATTI HIREHALLI POST
CHALLEKERE TALUK
CHITRADURGA-577529.
2. ATHIK RAHAMAN
S/O SHAHAZAD
AGED ABOUT 34 YEARS
MANAGER-SKILL & LIVELIHOOD
DUDC, DEPUTY COMMISSIONERS OFFICE
CHITRADURGA-577501
R/O KHILA KANAKUPPE, JAGALUR TALUK
DAVANAGERE-577528.
3. DODDA VALAPPA
S/O CHIGACHITHAPPA
AGED ABOUT 47 YEARS
MANAGER-SKILL & LIVELIHOOD
DUDC, DEPUTY COMMISSIONERS OFFICE
TUMKUR-572101
R/O DODDAHATTI, GANJALAGUNTE POST
MADHIGIRI TALUK, TUMKUR-572132
2
4. RAVIKUMAR C A
S/O ADAVEESHAIAH
AGED ABOUT 37 YEARS
OFFICE ASSISTANT
DUDC, DEPUTY COMMISSIONERS OFFICE
TUMKUR-572101
R/O CHIKKATHOTLUKERE AT POST
KORA HOBLI, TUMKUR TALUK
TUMKUR-572128.
5. M SHIVALINGAIAH
S/O MAHALINGAIAH
AGED ABOUT 47 YEARS
MANAGER-SOCIAL DEVELOPMENT
& INFRASTRUCTURE
DUDC, DEPUTY COMMISSIONER'S OFFICE
CHIKMAGALURU-577101
R/O SRIRAMNAGARA BADRA COLONY POST
BADRAVATHI TALUK, SHIMOGA-577301
6. HARSHA D C
S/O CHANDRESHAKARAPPA
AGED ABOUT 36 YEARS
MANAGER-SKILL & LIVELIHOOD
DUDC DEPUTY COMMISSIONER'S OFFICE
CHIKMAGALUR-577101
R/O CHANDRODAYA NILAYA, GIRINAGARA
TARIKERE TALUK, CHIKMAGALUR-577228
7. N N GOVINDAMURTHY
S/O D NARAYANAPPA
AGED ABOUT 45 YEARS
MANAGER SKILL & LIVELIHOOD
DUDC, DEPUTY COMMISSONERS OFFICE
KOLAR-563101.
R/O 10, 44, 3RD CROSS
PALASAMUDRA LAYOUT, KOLAR-563101
8. VINAYAKA BABU
S/O R V TULGARAM
3
AGED ABOUT 52 YEARS
MANAGER-SOCIAL DEVELOPMENT
& INFRASTRUCTURE
DUDC DEPUTY COMMISSIONER'S OFFICE
KOLAR-563101
R/O #36, JALLINAGARA
DAVANAGERE-57700.
9. VISHWANATH RAO
S/O GOPAL RAO
AGED ABOUT 50 YEARS
MANAGER-SOCIAL DEVELOPMENT
& INFRASTRUCTURE
DUDC, DEPUTY COMMISSIONER'S OFFICE
DAKSHINA KANNADA
MANGALORE-575017
R/O VAISHNAVI
YEKKUR BAJAL ROAD, BYGAL POST
MANGALORE-575017.
10. IRENE REBELLO
W/O ANIL SIMON D CUNHA
AGED ABOUT 47 YEARS
MANAGER-SKILL & LIVELIHOOD
DUDC, DEPUTY COMMISSIONER'S OFFICE
DAKSHINA KANNADA
MANGALORE-575017
R/O OPP. JENNY VILLA, CASTELINO COLONY
SHAKTHINAGAR, KULSHEKAR
MANGALORE-575016.
11. CHITTARANJAN DAS N
S/O K CHANDRASHEKAR
AGED ABOUT 38 YEARS
MANAGER-SOCIAL DEVELOPMENT
AND INFRASTRUCTURE
CITY CORPORATION
MANGALORE-575004
R/O OPP. PADUA PU COLLEGE
BIBAY POST, MANGALORE-575004
4
12. ACHUTH NAIK
S/O SESHA NAIK
AGED ABOUT 42 YEARS
MANAGER-SKILL & LIVELIHOOD
CITY CORPORATION, MANGALORE-575017
R/O BHARATH CHARAN, MOODUGABE
AMPAR VILLAGE & POST
KUNDAPUR TALUK, UDUPI-57621.
13. GEETHA
D/O SUNDARA
AGED ABOUT 36 YEARS
MANAGER-SKILL & LIVELIHOOD
DUDC, DEPUTY COMMISISONER'S OFFICE
UDUPI-576108
R/O BANODHAYA HOUSE, 5/64
VADABANDESHWARA, MALPE PSOT
UDUPI-576108.
14. RAMAKRISHNA
S/O SHANKARAYA ACHARYA
AGED ABOUT 52 YEARS
MANAGER-SKILL & LIVELIHOOD
DUDC, DEPUTY COMMISSIONE'S OFIFCE
UDUPI-576108
R/O BADAMADIYUR POST AND VILLAGE
UDUPI TALUK AND DISTRICT-566115.
15. RATHNA
W/O ANIL S
AGED ABOUT 34 YEARS
OFFICE ASSISTANT,
DUDC, DEPUTY COMMISSIONER'S OFFICE
UDUPI-576108
R/O SHIVANANDA NAGAR
MUDABETTA VILLAGE
SHANKARAPURA POST
UDUPI TALUK AND DIST-574115
5
16. AHAMAD HUSSAIN
S/O LATE AJAMUDHIN PANVALE
AGED ABOUT 39 YEARS
MANAGER-SKILL & LIVELIHOOD
DUDC, DEPUTY COMMISISONERS OFFICE
KOPPAL-590002
R/O B T PATILNAGAR, 27TH WARD,
3RD CROSS, KOPPAL TALUK & DISTRICT-583231.
(BY SRI. VIKAS ROJIPURA., ADV.)
... PETITIONERS
AND:
1. STATE OF KARNATAKA
REPARESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA. DR. AMBEDKAR ROAD,
BENGALURU 560001
2. PRINCIPAL SECRETARY
GOVERNMENT OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKAS SOUDHA, DR. AMBEDKAR ROAD
BENGALURU 560001.
3. DIRECTOR
DIRECTORE OF MUNICIPAL ADMINISTRATION
9TH FLOOR, VISHVESHWARAIAH TOWER
DR. AMBEDKAR ROAD,
BENGALRUU 560001.
4. THE DEPUTY COMMISSIOENR
DEPUTY DEPUTY COMMISSIONER'S OFFICE
DAVANAGERE 577 001.
5. THE DEPUTY COMMISSIONER
DUDC, DEPUTY COMMISSIONERS OFFICE
CHITRADURGA 577 501.
6. THE DEPUTY COMMISSIONER
DUDC, DEPUTY COMMISSIONER'S OFFICE
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TUMKUR-572101.
7. THE DEPUTY COMMISSIONER
DUDC, DEPUTY COMMISSIONER'S OFFICE
CHIKMAGALUR 577101.
8. THE DEPUTY COMMISSIONER
DUDC, DEPUTY COMMISSIONER'S OFFICE
KOLAR 563101.
9. THE DEPUTY COMMISSIONER
DUDC, DEPUTY COMMISSIONER'S OFFICE
DAKSHINA KANNADA
MANGALORE 575017.
10. THE DEPUTY COMMISSIONER
DUDC, DEPUTY COMMISSIONER'S OFFICE
UDUPI-576108
11. THE DEPUTY COMMISSIONER
DUDC, DEPUTY COMMISSIONER'S OFFICE
KOPPAL-590002.
... RESPONDENTS
(BY SRI. A.S. PONNANNA., AGA A/W
SRI B.J. ESHWARAPPA., AGA)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE R-
3 DATED;20.10.2016 TO BBMP AND DEPUTY COMMISSIONER
VIDE ANNEXURE-Q AND ALL ACTIONS PURSUANT THERETO
AND QUASH THE DECISION TAKEN IN AGENDA NO.4 OF THE
EXECUTIVE OMMITTTEE MEETING OF DAY NULM HELD ON
18.11.2016 VIDE ANNEXURE-R AND ALL ACTIONS PURSUANT
THERETO.
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THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
ORDER
Petitioners have preferred the above writ petitions seeking for the following reliefs :
(i) Issue an appropriate writ, order or direction quashing 3rd respondent's letter No.17252, DMA 73 NULM 2016-
17 dated 20-10-2016 to BBMP and Deputy Commissioners, vide Annexure-Q and all actions pursuant thereto.
(ii) Issue an appropriate writ, order or direction quashing the decision taken in Agenda No.4 of the Executive Committee Meeting of DAYNULM held on 18-11-2016 vide Annexure-R and all actions pursuant thereto,
(iii) Issue an appropriate writ, order or direction quashing 3rd respondent's said letter No.18150, DMA 91 NULM 2016-17 dated 17-12-2016, vide Annexure-S and all actions pursuant thereto,
(iv) Issue an appropriate writ, order or direction enjoining the respondents from discontinuing the services of the petitioners before the completion of 8 the DAY-NULM scheme for urban poverty alleviation, and
(v) Pass such other further or consequential orders as this Hon'ble Court deems fit in the interest of justice and equity under the facts and circumstances of this case.
2. Heard Sri.Vikas Rojipura, learned Counsel appearing for the petitioners and Sri. A.S. Ponnanna, learned Additional Advocate General for Sri. B.J.Eshwarappa, learned AGA appearing for respondents. Perused the writ petitions and Annexures produced along with the writ petitions.
3. Sri.A.S Ponnanna, learned Additional Advocate General appearing for the State and other respondents submits that in view of second respondent withdrawing the impugned Notification dated 20.10.2016, produced at Annexure-'Q', these writ petitions do not survive for consideration and may be dismissed as having become infructuous.
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4. In response to his submission Sri. Vikas Rojipura, learned counsel appearing for the petitioners submits that in view of second respondent withdrawing the impugned Notification dated 20.10.2016, produced at Annexure `Q', writ petitions in so far as prayer made at serial No.1 do not survive for consideration and may be dismissed as having become infructuous by reserving liberty to the petitioners to take appropriate steps in respect of other reliefs prayed in the writ petitions.
5. With regard to the submission made by the learned counsel for the petitioners that the 4th respondent may be directed to continue petitioner No.1 in service like that of the other petitioners, learned Additional Advocate General submits that if petitioner No.1 approaches the 4th respondent tomorrow by 10:30 A.M, he would instruct 4th respondent to permit the petitioner No.1 to report for duty and continue him in service.
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6. The learned counsel for the petitioners fairly submits that since respondents have agreed to permit the petitioner No.1 to report for duty and continue in service, petitioner No.1 would not press for payment of salary for the period from the alleged the date of relieving him from service i.e., from 31.12.2016, till he is permitted to report for duty. However, he requests for directing the respondents to treat the period from 31.12.2016 till the date of permitting the petitioner No.1 to report for duty, as the period with continuity in service.
7. Without going into the controversy as to why the respondents have not continued the petitioner No.1 in service pursuant to the stay order granted in the above writ petitions, has been done in respect of other petitioners and taking into consideration of the fact that petitioner No.1 is not pressing for payment of salary from the alleged date of relieving him from duty till he is permitted to report for duty, justice will be met if the respondents are directed 11 to treat the intervening period as period with continuity of service.
8. In view of the above, the following order is passed:
ORDER
1. The writ petitions stand disposed of as they do not survive for consideration in so far as prayer No.1 is concerned.
2. Petitioners are granted liberty to take appropriate steps for redressal of other reliefs prayed in the writ petitions.
3. The submission made by the learned Additional Advocate General that the 4th respondent would permit petitioner No.1 to report for duty tomorrow and continue him in service is placed on record.
4. The period from 31.12.2016 to 13.04.2018, the date on which respondent No.4 has 12 agreed to permit the petitioner No.1 to report for duty and continue him in service is treated as the period with continuity in service.
Sd/-
JUDGE Mgn/-