IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 4TH DAY OF DECEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT APPEAL NO.2938 OF 2019(S - RES) BETWEEN:
SECRETARY, SAMAJA SEVA SAHAKARI SANGHA BANK NIYAMITHA, SAMAJA SAHAKARI BHAVAN, BYE – PASS JUNCTION, BANTWAL – 574 211 NOW REPRESENTED BY ITS GENERAL MANAGER.
... APPELLANT (BY SRI K.A.ARIGA, ADVOCATE FOR SRI RANJITH.K.S, ADVOCATE) AND:
1. SMT.GEETHA, DAUGHTER OF THIMMAPPA MOOLAY, AGED ABOUT 30 YEARS, BADAGA ULIPADY VILLAGE, MALALI POST, MANGALURU TALUK – 574 165.
2. KUM.VIDHYARANI, AGED ABOUT 30 YEARS, DAUGHTER OF HARISCHANDRA, AJJIBETTU, BANTWAL – 571 211.
3. MR.PRAVEEN KUMAR AGED ABOUT 31 YEARS, DAUGHTER OF ANAND KULLA, ADYAR, MANGALURU, PIN: 575 001.
4. MR.PRASHANTH AGED ABOUT 30 YEARS, SON OF BALAKRISHNA BANGERA, KUNJATHABAILU, MANGALURU – 575 001.
5. MRS.RESHMA AGED ABOUT 30 YEARS, DAUGHTER OF SESAPPA KULAL, RAJIVAPALKE, BANTWAL, PIN:574 211.
6. SMT.NAYANA AGED ABOUT 29 YEARS, WIFE OF UMESH, B.C.ROAD, BANTWAL – 574 211.
R-2 TO R-6 ARE PRESENTLY WORKING IN SAMAJA SEVA SAHAKARI SANGHA BANK NIYAMITHA SAMAJA SAHAKARI BHAVANA, BYE – PASS JUNCTION BANTWAL – 574 211.
7. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY JANATHA BAZAR, 1ST FLOOR, GANAPATHY HIGH SCHOOL ROAD, D.K, MANGALURU – 575 001.
8. THE JOINT REGISTAR OF CO-OPERATIVE SOCIETY MYSURU DIVISION, NEW SAYYAJI RAO ROAD, MYSURU – 570024.
... RESPONDENTS (BY SRI H.MALATHESH, ADVOCATE FOR RESPONDENT NO.1;
SRI CHAVAN KUAR.K.V, ADVOCATE FOR RESPONDENT NOS.2 TO 6;
SRI I.THARNATH POOJARY, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.7 AND 8) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNTAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 24.07.2019 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.30509 OF 2019.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the interim order dated 24.07.2019 granted by the learned Single Judge in Writ Petition No.30509 of 2019, respondent No.1 is in appeal.
2. In terms of the order dated 23.8.2019, this Court granted interim relief directing the appellant herein to proceed with the process of recruitment on the basis of the paper publication dated 10.07.2019 vide Annexure-L. However, the appointment order shall not be issued without the leave of this Court. Presently, I.A. No.3 of 2019 is filed seeking leave to appoint 17 candidates for the post of Assistant Clerks and 5 candidates for the post of Attenders.
3. On hearing learned Counsels, we are of the view that it is appropriate to allow the application. That the appointment would necessarily be a subject to the final order that would be passed by the learned Single Judge. The posts cannot be kept vacant until the writ petition is disposed off. In view of the interim order dated 23.8.2019, we are of the considered view for expeditious disposal of the writ petition.
4. For the aforesaid reasons, the writ appeal is allowed. The order of the learned Single Judge dated 24.7.2019 passed in writ petition NO.30509 of 2019 is modified in terms of the order dated 23.8.2019. Since the recruitment process has been completed, the appointment order shall be issued as stated in I.A No.3 of 2019. However, such an appointment order will be subject to the further orders that may be passed by the learned Single Judge. Such a condition shall be imposed at the time of issuing the appointment order.
Writ appeal is disposed off accordingly. All the contentions are kept open.
Sd/- JUDGE Sd/- JUDGE Cs/-