IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.16269 OF 2018 (S-RES) PIL BETWEEN:
1. DHARASINGH RATHOD S/O MOHAN RATHOD AGED ABOUT 35 YEARS OCC: PRIVATE RESIDING AT NO.42 NEAR MAYA WINE STORE NEW JEWARGI ROAD UDAYANAGAR GULBARGA – 585 102 2. ANTRIKSH R.K. S/O RAMESH KOTE AGED ABOUT 30 YEARS OCC: NIL R/O 8-937, AMBHABAVANI TEMPLE AIYERWADI, GULBARGA 3. MALTESH DODDAMANI S/O ADIVEPPA AGED ABOUT 33 YEARS OCC: NIL R/O 1418, 1ST ‘B’ MAIN VIJAYANAGAR BENGALURU – 560 040 ... PETITIONERS (PETITIONERS – PARTIES-IN-PERSON - ABSENT) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS VIDHANA SOUDHA, BENGALURU-560001.
2. A.N. SUBRMANYA S/O. A.N. NARASIMHA SHASTRI, AGED ABOUT 52 YEARS, R/O. KAJISONNENAHALLI, KANNAMANGALA POST, BANGLORE EAST TALUK, BANGALORE.
3. G.V. SHIVANANDA S/O. K. VEERABHADRADEVARU, AGED ABOUT 56 YEARS, R/AT NO.707, 6TH MAIN ROAD, VIJAYANAGAR, BANGALORE-560040.
4. JAVED AHMAD, S/O. M.D. INAYUTHULLA, AGED ABOUT 49 YEARS, RESIDING AT H.NO.273, 1ST CROSS, HOSAHALLI, MANDYA-571401.
5. K.S. UMESH S/O. SIDDAIAH, AGED ABOUT 45 YEARS, RESIDING AT KOPPA VILLAGE, MADDUR TALUK, MANDYA DISTRICT.
6. B. PARAMESHWARA S/O LATE MADIVAL BANGARAPPA, AGED ABOUT 43 YEARS, MANDAGALALE, KANALE POST, SAGAR TALUK, SHIMOGA DISTRICT.
7. R. NAGESH S/O. RAMAKRISHNAPPA, AGED ABOUT 42 YEARS, R/O. 728, 14TH MAIN, 1ST STAGE, KUMARASWAMY LAYOUT, BANGLAORE-560078.
8. B. MAHESH S/O. N. BASAVARAJ, AGED ABOUT 43 YEARS, R/O.1325, 50 FEET ROAD, 1ST STAGE, KUMARASWAMY LAYOUT, BANGALORE-560078.
9. G. LAXMINARASIMHAIAH S/O. LATE GANGANNA, AGED ABOUT 43 YEARS, R/O. NO. 60/5, 3RD MAIN, 80 FEET ROAD, SARAKKI, J.P.NAGAR, BANGALORE-560078.
10. A.M. NAGARAJ S/O. MARULAPPA, AGED ABOUT 41 YEARS, R/O. 112/3, KPWD QUARTERS, J.B. NAGAR, BANGLORE-75.
11. ULAVAPPA S/O. SHIVARAYAPPA MELAVANKI, AGED ABOUT 52 YEARS, R/O. 132, KSCB QUARTERS, CAUVERINAGAR, LAGGERE, BANGLORE-560096.
12. UMESH .C S/O. CHOLURAPPA, AGED ABOUT 46 YEARS, RESIDING AT NO.188/3, KETHIGANAHALLI MAIN ROAD, BIDADI, RAMANAGARAM TALUK, BANGALORE-562109.
13. PRABHASHANKAR S/O. APPAYYANNA, AGED ABOUT 59 YEARS, R/O. SONDEKOPPA, BANGALORE NORTH 14. N.G. PANDURANGAPPA S/O. GOVINDAPPA, AGED ABOUT 47 YEARS, NO.5, 12TH CROSS, PUTTAIAH ROAD, KAMAKSHIPALYA, BANGALORE-560079.
15. N.P. NANDEESHA S/O. N.K. PARAMESHWARAPPA, AGE ABOUT 45 YEARS, R/O. NARASIPURA VILLAGE, ARASIKERE TALUK, HASSAN DISTRICT.
16. K. KRISHNADAS S/O. KRISHNASWAMY, AGED ABOUT 48 YEARS, CHENNAPPA HOUSE NO.64, 4TH CROSS, 2ND MAIN, GANGANAGAR, BANGALORE-560032.
17. K. BILLYAPPA S/O. VEERABHADRAPPA, AGED ABOUT 45 YEARS, WORKING AS ASSISTANT, NO.1, RAVIKIRANA BUILDING, 1ST CROSS, NANJAPPA REDDY GARDEN, B.K. NAGAR, YESHWANTHPUR, BANGALORE.
18. M.S. GANESH S/O. SANJEEVA SHETTY, AGED ABOUT 47 YEARS, WORKING AS JUNIOR ASSISTANT, NO.C-11, HOUSING BOARD COLONY, KAVALBYRASANDRA, R.T. NAGAR, BANGALORE.
19. S. GURUMURTHY S/O. SHIVANNA, AGED ABOUT 45 YEARS, WORKING AS ASSISTANT, NO.1221, 9TH D MAIN RAOD, PIPELINE, VIJAYANAGAR, BANGALORE.
20. H.M. MANJUNATH S/O. H. MALLAPPA, AGED ABOUT 47 YEARS, WORKING AS ASSISTANT, NO.1681, 7TH MAIN ROAD, E BLOCK, RAJAJINAGAR, 2ND STAGE, BANGALORE.
21. L. NAGESH S/O. LONGAPPA, AGED ABOUT 47 YEARS, WORKING AS ASSISTANT, NO.10, 1ST CROSS, 1ST MAIN ROAD, BYATARAYANAPURA, MYSORE ROAD, BANGALORE-560096.
22. V. RAMADAS S/O. VENKATARAO, AGED ABOUT 47 YEARS, WORKING AS ASSISTANT, NO.407, 1ST B ROAD, 8TH A MAIN ROAD, 4TH DIVISION, 3RD STAGE, BASAVESHWARANAGAR, BANGALORE.
23. K.N. SATYAMURTHY S/O. K.V. NARAYANA, AGED ABOUT 47 YEARS, WORKING AS JUNIOR ASSISTANT, NO.369, 1ST FLOOR, 8TH MAIN ROAD, 2ND CROSS, BANASHANKARI 3RD STAGE, BANGALORE.
24. UMADEVI .K D/O. LATE DATTATREYA KULKARNI, AGED ABOUT 52 YEARS, C/O. DR. SANBHAG, AT BELAVANTANA KOPPA, PO: SHIRALKOPPA, DIST: SHIVAMOGGA.
25. B.R. LOKESH S/O. A. RAMESH, AGED ABOUT 47 YEARS, WORKING AS STENOGRAPHER, C/O. SMT. GOWRAMMA, NO.5, 1ST A MAIN ROAD, (SRI. KRISHNADEVARAYA ROAD), M.M. ROAD, BYATARAYANAPURA, BANGALORE.
26. NAGAPPA .N S/O. LATE. BANDI KANNAPPA, AGED ABOUT 47 YEARS, WORKING AS STENOGRAPHER, KELADIPURA VASI, BELUR(POST), SAGAR TALUK, SHIMOGA.
27. C.R. VEDANTHA SHARMA S/O. M.A. RAJAGOPAL, AGED ABOUT 52 YEARS, WORKING AS STENOGRAPHER 3RD C MAIN ROAD, 2ND PHASE, MANJUNATHA NAGAR, RAJAJINAGAR, BANGALORE.
28. N. SARASWATHI W/O. LATE NARAYANA S.R.R., AGED ABOUT 50 YEARS, WORKING AS STENOGRAPHER, MILKERI TIRHAHALLI POST AND TALUK, SHIMOGA DISTRICT.
29. S. SHIVASHANKAR S/O. L.C. SHIVANNA, AGED ABOUT 48 YEARS, WORKING AS ASSISTANT, NO.4, 2ND MAIN ROAD, M.M.ROAD, BYATARAYANAPURA, MYSORE ROAD, BENGALURU.
30. SRIDHARA G.
S/O. BABU MADIWALA, AGED ABOUT 47 YEARS, WORKING AS DALAYATH, NO.3355, 1ST MAIN ROAD, 5TH CROSS, GAYATHRINAGAR, BANGALORE.
31. G. CHANDRASHEKAR S/O. GANGA HANUMAIAH, AGED ABOUT 43 YEARS, WORKING AS DALAYATH, NO.591, TOWN BAZAR ROAD, YELAHANKA, OLD TOWN, YELAHANKA, BANGALORE.
32. M.N. VEERUPAKSHACHARI S/O. NAGANNACHAR, AGED ABOUT 47 YEARS, WORKING AS DALAYATH, NO.18, 15TH MAIN ROAD, 3RD DEVASTANAA VEEDHI, MALLESHWARAM, BANGALORE.
33. G. MAHANTESH S/O. GURAPPA KHOLER, AGED ABOUT 56 YEARS, WORKING AS DALAYATH, C/O. VEERAPPA TALAGERI, NO.2, CRESCENT ROAD, CRESCENT COMPOUND, BANGALORE.
34. KEMPEGOWDA S/O. KEMPAIAH, AGED ABOUT 47 YEARS, WORKING AS DALAYATH, NO.2900, 14TH MAIN ROAD, 2ND STAGE, E BLOCK, RAJAJINAGAR, BANGALORE.
35. VYRAMUDI S/O. DASEGOWDA, AGED ABOUT 48 YEARS, WORKING AS DALAYATH, NO.50 20TH MAIN ROAD, AREHALLI, AGS LAYOUT, UTTARAHALLI HOBLI, BANGALORE.
36. M. SUNIL KUMAR S/O. A.K. MANI, AGED ABOUT 49 YEARS, WORKING AS DALAYATH, NO.117, 40 FEET ROAD, MANJUNATHANAGAR, WEST OF CHORD ROAD, RAJAJINAGAR, BANGALORE.
37. H.R. RAVISHANKAR S/O. RANGAIAH, AGED ABOUT 50 YEARS, WORKING AS DALAYATH, HOSAHALLI POST, GUBBI TALUK, TUMKUR DISTRICT.
38. N.R. LOKESH S/O. RAMESHAPPA, AGED ABOUT 47 YEARS, WORKING AS DALAYATH, NO.108, 8/1, CAUVERY NAGAR, LAGGERE, BANGALORE.
39. K. RAJU S/O. KENCHAPPA, AGED ABOUT 46 YEARS, WORKING AS DALAYATH, NO.46-22(17), 1ST MAIN ROAD, 2ND BLOCK, 8TH CROSS, NANDINI EXTENSION, BANGALORE.
... RESPONDENTS (SRI VIKRAM HUILGOL, HCGP FOR RESPONDENT NO.1 SRI G.K.BHAT, ADVOCATE FOR RESPONDENT NOS.2 TO 10 AND 14) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 14.03.2016 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL MADE IN APPLICATION NOS.7027 OF 2005, 7028 TO 7031, 7033 TO 7040, 7042 AND 7044 OF 2005 VIDE ANNEXURE-A AND DISMISS THE APPLICATION FILED BY THE PETITIONERS BEFORE THE KARNATAKA STATE ADMINISTRATIVE TRIB UNAL AS PRAYED FOR AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER None appears for the petitioners. Heard Shri G.K.Bhat, learned advocate for respondents No.2 to 10 & 14.
2. The petitioners are Group ‘C’ and ‘D’ employees in the Karnataka Government Secretariat. The private respondents approached Karnataka Administrative Tribunal (‘KAT’ for short) seeking a direction to the State Government to consider their cases for absorption under the Karnataka Civil Services (Absorption of Contract Group-C and D Employees in the Karnataka Government Secretariat Services) (Special) Rules, 2005. The KAT by the impugned order allowed the applications and held that the applicants therein were entitled for absorption and consequential benefits.
3. The petitioners herein are aggrieved by the said order passed by KAT on the premise that if the order passed by KAT is given effect to, the existing employees’ prospectus would be adversely affected. Hence, they have filed this public interest litigation.
4. We have heard learned advocate for the respondents and perused the records.
5. Admittedly, petitioners are employees of the Karnataka Government Secretariat. We are of the view that grievance, if any, of the petitioners must be individual and their individual cause cannot be espoused in this manner in a public interest litigation.
6. In the circumstances, we see no public interest in this petition and it is, accordingly, dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB