IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.1394/2019 (GM-RES) BETWEEN:
FEDERATION OF INDIAN WOMEN ENTREPRENEURS REGISTERED OFFICE-F-321A, 1ST FLOOR, LADO SARAI, NEW DELHI-110 030.
REPRESENTED BY ITS DIRECTOR, SRI. P. K. AGGARWAL.
(BY SRI THYAGARAJA S., ADVOCATE FOR SRI PADMANABHA R., ADVOCATE) AND:
... PETITIONER 1. THE STATE OF KARNATAKA DEPARTMENT OF EMPLOYMENT & TRAINING, VIKASA SOUDHA, BENGALURU-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE COMMISSIONER, DEPARTMENT OF EMPLOYMENT & TRAINING MODULAR EMPLOYABLE SKILLS DIVISION (MES DIVISION), 3RD FLOOR, KOUSHLAYA BHAVANA, NEAR DAIRY CIRCLE, BANNERGHATTA MAIN ROAD, BENGALURU-560 029.
3. THE DIRECTOR (MES), DEPARTMENT OF EMPLOYMENT & TRAINING, KOUSHLAYA BHAVANA, BANNERGHATTA MAIN ROAD, NEAR DAIRY CIRCLE, BENGALURU-560 029.
4. THE DIRECTORATE GENERAL OF EMPLOYMENT MINISTRY OF SKILL DEVELOPMENT AND ENTREPRENEURSHIP, HAVING ITS REGD. OFFICE AT 3RD FLOOR, ANNEX BUILDING, SHIVAJI STADIUM, SHAHEED BHAGAT SINGH MARG, CONNAUGHT PLACE, NEW DELHI-110 001, REPRESENTED BY ITS DIRECTOR (SDI) (BY SRI Y.D. HARSHA, AGA) - - -
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO CONSIDER THE REPRESENTATION DTD 03.04.2017, 03.04.2017, 22.08.2017, 23.09.2017, 07.12.2017, 07.06.2018, 04.08.2018, 27.08.2018 AND 17.09.2018 VIDE ANNEXURES - D, E, F, G, H, J, K, L AND M, MADE BY THE PETITIONER, FOR REIMBURSEMENT OF BILL AMOUNT OF Rs.41,88,000/- ALONG WITH THE INTEREST AT THE RATE OF 12% PER ANNUM FOR BELATED PAYMENT AND PAY THE SAID AMOUNT OF Rs.41,88,000/- FORTHWITH ALONG WITH INTEREST AT THE RATE OF 12% P.A. AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Thyagaraja S, learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for the respondents.
2. Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
3. In this petition under Article 227 of the Constitution of India, the petitioner has sought for the following reliefs :-
Issue a writ in the nature of Mandamus directing the 2nd respondent to consider the representation dated 3.4.2017, 22.8.2017, 23.9.2017, 7.12.2017, 7.6.2018,4.8.2018, 27.8.2018 and 17.9.2018 vide Annexures D, E, F, G, H, J, K, L and M made by the petitioner for reimbursement of the bill amount of Rs.41,88,000/- along with interest at the rate of 12% per annum for belated payment and pay the said amount of Rs.41,88,000/- forthwith along with interest at the rate of12% p.a.
OR Issue a writ in the nature of mandamus directing the 2nd respondent to forthwith honour the bills submitted by the petitioner by reimbursing the amount of Rs.41,88,000/- for having completed the work assigned to the petitioner by 2nd respondent along with interest at the rate of 12% per annum.
4. When the matter was taken up for admission today, the learned counsel for the petitioner submits that the amount due to the petitioner has been withheld by the respondents and in this regard the petitioner has submitted their representation to the second respondent and that the writ petition may be disposed of with a direction to the second respondent to consider and decide the representation submitted by the petitioner by a speaking order.
5. On the other hand, the learned Additional Government Advocate, Sri.Y.D.Harsha, submitted that suitable action in accordance with law will be taken in this regard.
6. In view of the said submission, the writ petition is disposed of with a direction to consider the representations submitted by the petitioner by a speaking order within a period of six weeks from the date of receipt of the certified copy of this order.
It is made clear that this court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE rs