Karnataka High Court
Dr Lakshmisha I P vs The State Of Karnataka on 7 February, 2023
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
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WP No. 9583 of 2022
C/W WP No. 9598 of 2022
WP No. 9697 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 9583 OF 2022 (S-RES)
C/W
WRIT PETITION NO. 9598 OF 2022 (S-RES)
WRIT PETITION NO. 9697 OF 2022 (S-RES)
IN WP NO. 9583/2022
BETWEEN:
SRI. PRAKASH D P
S/O SRI PUTTANNA,
AGE 48 YEARS, TECHNICAL (T-1)
INDIAN COUNCIL OF AGRICULTURAL
RESEARCH ALL INDIA CO ORDINATED
RESEARCH PROJECT ON
POST HARVEST ENGINEERING AND
TECHNOLOGY DEPARATMENT OF
FISH PROCESSING TECHNOLOGY
COLLEGE OF FISHERIES,
Digitally
signed by
MATHSYANAGAR,
NARASIMHA MANGALORE 575002.
MURTHY
VANAMALA
Location:
HIGH P/A DADADAHALLI VILLAGE,
COURT OF
KARNATAKA
CHANDAKAVADI POST,
CHAMARAJANAGAR TALUK,
CHAMARAJANAGAR DISTRICT 571342.
...PETITIONER
(BY SRI. VIJAYA SIMHA REDDY D V.,ADVOCATE)
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WP No. 9583 of 2022
C/W WP No. 9598 of 2022
WP No. 9697 of 2022
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY,
DEPARATMENT OF ANIMAL HUSBANDRY AND
FISHERIES 4TH FLOOR, VIKAS SOUDHA,
BENGALURU 560001.
2. THE KARNATAKA VETERINARY ANIMAL AND
FISHERIES SCIENCES
UNIVERSITY REPRESENTED BY
THE REGISTRAR NANDINAGAR,
BIDAR 585401.
3. THE DIRECTOR RESEARCH
KARNATAKA VETERINARY
ANIMAL AND FISHERIES
SCIENCES UNIVERSITY,
NANDINAGAR, BIDAR 585401.
4. THE DEAN (FISHERIES)
COLLEGE OF FISHERIES,
KARNATAKA VETERINARY
ANIMAL AND FISHERIES
SCIENCES UNIVERSITY,
MANGALORE 575002.
5. THE PRINCIPAL INVESTIGATOR
ICAR-AICRP ON PHET, DEPARTMENT OF
FISH PROCESSING TECHNOLOGY
COLLEGE OF FISHERIES,
KARNATAKA VETERINARY
ANIMAL AND FISHERIES
SCIENCES UNIVERSITY,
MANGALORE 575001.
...RESPONDENTS
(BY SRI.M.S.NAGARAJA, AGA FOR R1;
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WP No. 9583 of 2022
C/W WP No. 9598 of 2022
WP No. 9697 of 2022
SMT. VAISHALI HEGDE FOR R2 TO R5 )
THIS WRIT PETITION IS FILED UNDER ARTICLE
227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 31.03.2022
VIDE ANNEXURE-V OF THE 2ND RESPONDENT AS THE
SAME IS ARBITRARY AND ILLEGAL IN SO FAR AS IT
RELATES TO THE PETITIONER; QUASH THE IMPUGNED
ORDER DATED 04.05.2022 VIDE ANNEXURE-W OF THE
5TH RESPONDENT AS THE SAME IS ARBITRARY AND
ILLEGAL.
IN WP NO.9598/2022
BETWEEN:
SRI ARUN KUMAR P
S/O SRI PRAKASH
AGE 35 YEARS,
SCIENTIST (ASPE)
INDIAN COUNCIL OF AGRICULTURAL RESEARCH
ALL INDIA CO ORDINATED
RESEARCH PROJECT ON POST HARVEST
ENGINEERING AND TECHNOLOGY,
DEPARTMENT OF FISH
PROCESSING TECHNOLOGY,
COLLEGE OF FISHERIES,
MATHSYANAGAR, MANGALORE-575 002.
P/A NO.521, 10TH CROSS,
1ST MAIN, SUBRAMANYAPURA POST,
DODDAGOWDANAPALYA, KESHAVANAGAR,
BANGALORE-560061.
...PETITIONER
(BY SRI. VIJAYA SIMHA REDDY D V.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF ANIMAL HUSBANDARY
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WP No. 9583 of 2022
C/W WP No. 9598 of 2022
WP No. 9697 of 2022
AND FISHERIES,
4TH FLOOR, VIKAS SOUDHA,
BENGALURU-560 001.
2. THE KARNATAKA VETERINARY,
ANIMAL AND FISHERIES SCIENCES
UNIVERSITY REPRESENTED BY
THE REGISTRAR,
NANDINAGAR,
BIDAR-585 401.
3. THE DIRECTOR RESEARCH
KARNATAKA VETERINARY,
ANIMAL AND FISHERIES SCIENCES UNIVERSITY,
NANDINAGAR,
BIDAR-585 401.
4. THE PRINCIPAL INVESTIGATOR,
ICAR AICRP ON PHET,
DEPARTMENT OF FISH PROCESSING
TECHNOLOGY,
COLLEGE OF FISHERIES,
KARNATAKA VETERINARY,
ANIMAL AND FISHERIES
SCIENCES UNIVERSITY
MANGALORE-575001.
...RESPONDENTS
(BY SRI.M.S. NAGARAJA., AGA FOR R1;
SMT. VAISHALI HEGDE, ADVOCATE FOR R2 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE
227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 31.03.2022
VIDE ANNEXURE-S OF THE R2 AS THE SAME IS
ARBITRARY AND ILLEGAL IN SO FAR IT RELATED TO
THE PETITIONER; QUASH THE IMPUGNED
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WP No. 9583 of 2022
C/W WP No. 9598 of 2022
WP No. 9697 of 2022
NOTIFICATION DATED 04.05.2022 VIDE ANNEXURE-T
OF THE R4 AS THE SAME IS ARBITRARY AND ILLEGAL;
DIRECTING THE RESPONDENT NOS.2 TO 5 TO ALLOW
THE PETITIONER TO CONTINUE AS
SCIENTIST(AG.STR.AND PROC.ENGG) INDIAN COUNCIL
OF AGRICULTURAL RESEARCH ALL INDIA CO
ORDINATED RESEARCH PROJECT ON POST HARVEST
ENGINEERING AND TECHNOLOGY,DEPARTMENT OF
FISH PROCESSING TECHNOLOGY, COLLEGE OF
FISHERIRES, MATHSYANGAR, MANGALORE AND TO
EXTEND THE ALL CONSEQUENTIAL BEFITS ARISING
THERETO.
IN WP NO. 9697/2022
BETWEEN:
DR LAKSHMISHA I. P.
S/O SRI PUTTARANGA NAYAKA
AGED 42 YEARS
SENIOR SCIENTIST
(FISH PROCESING TECHNOLGOY)
INDIAN COUNCIL OF AGRICULTURAL
RESEARCH ALL INDIA CO-ORDINATED
RESEARCH PROJECT ON POST HARVEST
ENGINEERING AND TECHNOLOGY
DEPARTMENT OF FISH PROCESSING
TECHNOLOGY, COLLEGE OF FISHERIES
MATHSYANAGAR
MANGALORE - 575 002.
PERMANENT ADDRESS. 3-79/05 AISIRI BEHIND
SRI VAISHNAVIDURGA TEMPLE
NAVODAYA LAYOUT, PAALEMAR ROAD
JEPPINA MOGARU
MANGALORE - 575 009.
...PETITIONER
(BY SRI. VIJAYA SIMHA REDDY D V.,ADVOCATE)
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WP No. 9583 of 2022
C/W WP No. 9598 of 2022
WP No. 9697 of 2022
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY
DEPARTMENT OF ANIMAL
HUSBANDRY AND FISHERIES
4TH FLOOR, VIKAS SOUDHA
BENGALURU - 560 001.
2. THE KARNATAKA VETERINARY ANIMAL AND
FISHERIES SCIENCES
UNIVERSITY REPRESENTED BY
THE REGISTRAR
NANDINAGAR, BIDAR - 585 401.
3. THE DIRECTOR RESEARCH
KARNATAKA VETERINARY UNIVERSITY
NANDINAGAR, BIDAR - 585401.
4. THE DEAN (FISHERIES)
COLLEGE OF FISHERIES
KARNATAKA VETERINARY
ANIMAL AND FISHERIES SCIENCES
UNIVERSITY, MANGALORE - 575 002.
5. THE PRINCIPAL INVESTIGATOR
ICAR-AICRP ON PHET
DEPARTMENT OF FISH PROCESSING
TECHNOLGOY
COLLEGE OF FISHERIES
KARNATAKA VETERINARY
ANIMAL AND FISHERIES SCIENCES
UNIVERSITY, MANGALORE - 575 001.
... RESPONDENTS
(BY SRI.M.S.NAGARAJA, AGA FOR R1;
SMT. VAISHALI HEGDE, ADVOCATE FOR R2 TO R5)
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WP No. 9583 of 2022
C/W WP No. 9598 of 2022
WP No. 9697 of 2022
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE IMPUGNED ORDER DATED
31.03.2022 VIDE ANNEXURE-AA OF THE R2 AS THE
SAME IS ARBITRARY AND ILLEGAL IN SO FAR AS IT
RELATES TO THE PETITIONER; DIRECTING THE
RESPONDENTS NO.2 TO 5 TO ALLOW THE PETITIONER
TO CONTINUE AS SR.SCIENTIST (FISH PROCESSING
TECHNOLOGY), INDIAN COUNCIL OF AGRICULTURAL
RESEARCH ALL INDIA CO- ORDINATED RESEARCH
PROJECT ON POST HARVEST ENGINEERING AND
TECHNOLOGY, DEPARTMENT OF FISH PROCESSING
TECHNOLOGY, COLLEGE OF FISHERIES,
MATHASYANAGAR MANGALORE AND TO EXTEND THE
ALL CONSEQUENTIAL BENEFITS ARISING THERETO.
THESE PETITIONS, COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioners, who are similarly placed inasmuch as they have been engaged by the second respondent for certain project, have called in question different annexures while seeking direction to the second to fifth respondents, who are common in all these petitions, to continue them in service with extending all consequential benefits.
While Ms. Vaishali Hegde, the learned counsel for the contesting respondents, submits that with the -8- WP No. 9583 of 2022 C/W WP No. 9598 of 2022 WP No. 9697 of 2022 closure of project, there is no reason for continuance of the services of the petitioners as directed by this Court by the interim order dated 17.05.2022, Mr.Vijaya Simha Reddy D.V., the learned counsel for the petitioners, submits that indeed the project is closed and while two petitioners have ceased to work as of 24.12.2023 the petitioner in W.P.No.9598/2022 has ceased to work from 31.06.2022. Crucially, he submits that the petitioners would have no grievance if their entitlement as of respective dates is settled by the second respondent.
In rejoinder, Ms. Vaishali Hegde submits that if the representations are filed by these petitioners setting forth their respective claims as of 31.06.2022/24.12.2023, the same will be considered and appropriate decision will be taken within two [2] weeks from the date of such representations. -9- WP No. 9583 of 2022 C/W WP No. 9598 of 2022 WP No. 9697 of 2022
In the light of the afore, the petition stands disposed of reserving liberty to the petitioners to file representations with the second respondent for entitlement and they shall be at liberty to file such representations within a week from the date of receipt of a certified copy of this order. The second respondent, within four [4] weeks from the date of receipt of certified copy of such representations, shall decide on the petitioners' claim for entitlement as of 31.06.2022/24.12.2023 and communicate the same to them.
Sd/-
JUDGE SA ct:sr