IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF FEBRUARY, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE BUDIHAL R.B. WRIT PETITION NO.55674 OF 2016 (S-RES)PIL Between:
Mr.A.Suresh Aged 34 years General Secretary Dr.B.R.Ambedkar Dalith Sangharsh Samithi (R) No.427/A, 1st floor 5th Cross, Lingarajpuram Hennur Main Road Bangalore – 560 084 ... Petitioner (By Sri.Eugene Prabhu B., Advocate) And:
1. Hon’ble Social Welfare Minister Commissionerate of Social Welfare Department 5th Floor, M.S.Building Dr.Ambedkar Veedhi Bangalore – 560 001 2. Hon’ble Commissioner of Bharuth Bangalore Mahanagar Palike N.R.Square Bangalore – 560 002 3. Hon’ble Mayor of Bangalore of Bharuth Bangalore Mahanagar Palike N.R.Square Bangalore – 560 002 ... Respondents (By Smt.S.Susheela, Additional Government Advocate) ---
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to appoint them as permanent employee under D Group and to consider the order passed Karnataka State Human Rights Commission vide HRC 1097/2014 order dated 12.3.2014 vide Annexure-R by any manner, and etc.
This petition coming on for preliminary hearing this day, the Chief Justice made the following:
ORDER This is a writ petition, in substance, seeking regularisation of the graveyard workers.
2. Generally, a public interest litigation is not maintainable in a service matter. Moreover, the persons, who are affected have not come before this Court.
3. We do not find any merit in the writ petition. The writ petition is dismissed.
4. However, this order of dismissal shall not prevent the aggrieved persons to approach the authorities for seeking remedy. If approached, the authorities shall consider their prayer in accordance with law.
5. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB