IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. JUSTICE H.G.RAMESH AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR R.Ps.No.25/2018 & 54-67/2018 BETWEEN:
1. H.R.RAGHAVENDRA S/O RAMEGOWDA AGED ABOUT 58 YEARS WORKING AS HORTICULTURE ASSISTANT HEBBAL POST, HEBBAL KOPPAL-571 272, K.R.NAGAR TALUK MYSORE DISTRICT 2. T.KRISHNAPPA S/O LATE THIMMARAYAPPA AGED ABOUT 62 YEARS C.D.AGRAHARA, KADANUR POST DODDABALLAPUR TALUK-561 203 BANGALORE RURAL DISTRICT (WORKED AS HORTICULTURE ASSISTANT O/O THE ASSISTANT DIRECTOR OF HORTICULTURE Z.P.NILAMANGALA, BANGALORE RURAL DIST.) 3. MALIKARJUNA GOUDA S/O KALANAGOWDA PATIL AGED ABOUT 56 YEARS WORKING AS HORTICULTURE ASSISTANT O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE, ZILLA PANCHAYAT GADAG-582 101 4. H. PUTTARAJU S/O LATE HOMBE GOWDA AGED ABOUT 59 YEARS WORKING AS HORTICULTURE ASSISTANT O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE, ZILLA PANCHAYAT KENGERI, BANGALORE SOUTH-560 060 5. SANNA LINGAIAH S/O CHIKKA BEERAIAH AGED:55 YEARS WORKING AS HORTICULTURE ASSISTANT (OPG) (RULE 32), O/O THE DEPUTY DIRECTOR OF HORTICULTURE, CUBBON PARK BANGALORE-560 001 6. SRI RAMACHANDRA S/O LATE DASE GOWDA AGED 56 YEARS WORKING AS HORTICULTURE ASSISTANT (RULE 32), O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) CHANNAPATNA-573 116 RAMANAGARA DISTRICT 7. B.DEVARAJU S/O SHRI BASAVAIAH AGED ABOUT 53 YEARS HORTICULTURE ASSISTANT (UNDER RULE 32) HORTICULTURAL FARM HUNUSURU-571 105 MYSORE DISTRICT 8. S.C.SHEKAR S/O CHALUVEGOWDA AGED 53 YEARS HORTICULTURE ASSISTANT O/O THE SENIOR ASSISTANT DIRECTOR HORTICULTURE (Z.P) K.R.NAGAR-571 602 MYSORE DISTRICT 9. R.K.BUDDAPPAGOL S/O KALAPPA AGED ABOUT 56 YEARS WORKING AS HORTICULTURE ASSISTANT O/O DEPUTY DIRECTOR OF HORTICULTURE CUBBON PARK, BANGALORE-560 001 10. SRI B.G.LAMANI S/O GANGALAMARI AGED ABOUT 56 YEARS WORKING AS HORTICULTURE ASSISTANT S.A.D.H. ZILLA PANCHAYAT INDI-586 209 VIJAYAPURA DISTRICT 11. M.CHIKKE GOWDA S/O NADE GOWDA AGED ABOUT 53 YEARS HORTICULTURE ASSISTANT O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE, STATE SECTOR MANDYA-571 401 12. PUTTASWAMY ACHAR S/O MARISWAMACHARY AGED ABOUT 55 YEARS WORKING AS HORTICULTURE ASSISTANT O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE, MANDYA-571 401 13. P.M.JAYASIDDAIAH S/O MALLAIAH AGED ABOUT 52 YEARS WORKING AS HORTICULTURE ASSISTANT O/O THE ASSISTANT DIRECTOR OF HORTICULTURE PARK IN GARDENS/CURZON PARK MYSORE-570 001 14. SRI.MOULA HUSSAIN S/O SATRAPPA AGED ABOUT 56 YEARS WORKING AS HORTICULTURE ASSISTANT O/O ASSISTANT DIRECTOR OF HORTICULTURE HOGARIBOMMANAHALLI-583 212 BELLARY DISTRICT 15. A.KRISHNAMURTHY S/O ANKE GOWDA AGED ABOUT 59 YEARS WORKING AS HORTICULTURE ASSISTANT O/O THE DY. DIRECTOR OF HORTICULTURE LALBAGH, BANGALORE-560 004 ...PETITIONERS (BY SHRI. V. LAKSHMINARAYANA, SR. COUNSEL FOR SHRI. RANGANATHA S. JOIS, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF HORTICULTURE KAT M.S. BUILDING BANGALORE-560 001 2. THE COMMISSIONER OF HORTICULTURE LAL BAGH, BANGALORE-560 004 3. SRI K.VENKATESHAMURTHY AGED MAJOR, SUPERNUMARARY GARDNER O/O DEPUTY DIRECTOR OF HORTICULTURE LALBAGH, BANGALORE-560 004 4. SRI GOPAL AGED MAJOR, SUPERNUMARARY GARDNER O/O DEPUTY DIRECTOR OF HORTICULTURE LALBAGH, BANGALORE-560 004 5. SRI NARAYANAPPA AGED MAJOR, SUPERNUMARARY GARDNER O/O DEPUTY DIRECTOR OF HORTICULTURE LALBAGH, BANGALORE-560 004 6. D.MUNISWAMY S/O DODDAVENKATAPPA AGED ABOUT 55 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT) HOSAKOTE BANGALORE RURAL DISTRICT-562 114 7. D.S.RAMESH S/O D.A.SRINIVASA AIYAR AGED ABOUT 53 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT), CHINTAMANI CHICKKABALLAPUR DISTRICT-571 501 8. SANGANAGOWDA BASANAGOWDA PATIL S/O BASANAGOWDA AGED ABOUT 54 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT), SAVANUR HAVERI DISTRICT-581 110 9. G.NAGARAJ S/O GANGADHARAPPA AGED ABOUT 56 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT), DODDABALLAPUR BANGALORE RURAL DISTRICT-561 203 10. THIMMASHETTY S/O CHOWDASHETTY AGED ABOUT 58 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT), PERIYAPATNA MYSORE DISTRICT-570 001 11. MALLIKARJUNA K. PATTAR S/O SASHINATH PATTAR AGED ABOUT 58 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT) GADAG DISTRICT-582 101 12. M.GANGULAPPA S/O MUNIVARAPPA AGED ABOUT 52 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT), CHINTAMANI CHIKKABALLAPUR DISTRICT-562 101 13. RANGASWAMAIAH S/O THIMMAIAH AGED ABOUT 52 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT) MAGADI RAMANAGARA DISTRICT-562 120 14. D.C.SHIVEGOWDA S/O CHIKE GOWDA AGED ABOUT 55 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT) CHIKKAMAGALUR DISTRICT-577 102 15. SUBRAMANI S/O KARAPPASHETTY AGED ABOUT 54 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT), HOSAKOTE BANGALORE RURAL DISTRICT-562 114 16. BELIAPPA S/O ERAIAH AGED ABOUT 57 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT), CHIKKAMAGALUR-577 102 17. J.SHIVANNA S/O JAGALURAIAH AGED ABOUT 54 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT) JAGALUR CHITRADURGA DISTRICT-577 501 18. M.N.SHIVANNA S/O NANJAPPA AGED ABOUT 52 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT) MYSORE-577 201 19. RAJASHEKARAPPA S/O NANJUNDAPPA AGED ABOUT 50 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT) CHIKKAMAGALUR-577 101 20. H.M.PAPPANNA S/O MUDALAGIRIAPPA AGED ABOUT 52 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT) CHIKKAMAGALUR-577 103 21. K.B.CHANNABASAPPA S/O BASAPPA AGED ABOUT 57 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT) CHIKKAMAGALUR-577 105 22. B.C.RANGASWAMY S/O CHINNAIAH AGED ABOUT 49 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT), NARASHIMARAJAPURA CHIKKAMAGALUR DISTRICT-577 105 23. B.S.RAMAIAH S/O SANNAIAH AGED ABOUT 50 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT), MUDAGERE CHIKKAMAGALUR DISTRICT-577 101 24. M.SHANKAR S/O MADAIAH AGED ABOUT 53 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O DEPUTY DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT) CHAMARAJANAGARA-571 313 25. MANCHAIAH S/O LANGAIAH AGED ABOUT 57 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT), MYSURU-570 001 26. SADANANDA FAKERAPPA BUDHIAL S/O SADANANDA FAKERAPPA AGED ABOUT 49 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT) SINDAGI, BIJAPUR DISTRICT-586 101 27. V.A.HUBBALLI S/O ANDAPPA AGED ABOUT 54 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER Z.P.MUNDARAGI, GADAG DISTRICT-582 118 28. H.B.GANESH S/O BABU AGED 54 YEARS WORKING AS ASSISTANT HORTICULTURE OFFICER O/O SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYAT), SOMWARPET COORG DISTRICT–571 201 29. SHRI KALAKAPPA AGED 56 YEARS ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT, DIRECTOR OF HORTICULTURE (Z.P) KUKKANOOR-583 232 RAITHA SAMPARKA KENDRA YELABURGA, KOPPAL DIST 30. SHRI PUNDALIKA MAJOR ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P.) YADGIRI, YADGIRI ZILLA 31. SHRI H.P.RAJAPPA MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) BELUR-573 115 HASSAN DIST.
32. SHRI SHIVARAJU AGE:MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE ASSISTANT DIRECTOR OF HORTICULTURE TRAINING CENTRE MUNIRABAD-583 233 KOPPALA DIST.
33. SHRI PRABHAKARAYYA AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) DEVADURGA-584 111, RAICHUR DIST.
34. SHRI MOHD. SHARIFF MULLA AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) KALAGATAKI (RSK)-581 204 DHARWAR DIST.
35. SHRI H.M.THIMMAPPA AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) HUNCHA RSK, HOSANAGARA-577 418 SHIVAMOGA DIST 36. SHRI PALAKSHAPPA AGE:MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) KOPPAL RSK-583 231 KOPPAL DIST.
37. SHRI BASAVARAJA LINGAPPA BAREGAR MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) RANEBENNUR-581 115, HAVERI DIST.
38. SHRI K.V.HANUMANTHAPPA AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P), HONNALI-577 217 DAVANGERE DIST.
39. SHRI SHIVANNAGOWDA VEERANNAGOWDA PATIL AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) KARZAGI RSK-581 122 KARJAGI, HAVERI DIST.
40. SHRI H.D.GANESHA AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) SOMWARPET RSK-571 236 SOMWARPET, KODAGU DIST.
41. SHRI T.RAMAIAH AGE:MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) EEREGUNTANUR RSK-577 502 CHITRADURGA DIST.
42. SHRI V.V.METTI AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE ASSISTANT DIRECTOR OF HORTICULTURE (Z.P), RONA-582 209 HAVERI DISTRICT 43. SHRI C.S.AVATI AGE:MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) HALIYALA 581329 HAVERI DISTRICT 44. SHRI Y.D.HANUMANTHA (RETD.) MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) KOPPA RSK-571 425 MADDURU, MANDYA DIST 45. SHRI M.SOMANNA AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) HOSAKOTE-562 114 BANGALORE RURAL DIST.
46. SHRI R.MANJU MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SPECIAL OFFICER FOR HORTICULTURE, KRISHNARAJENDRA GIRIDHAMA KEMMANGUNDI, TARIKERE TALUK-577 228 CHIKKAMAGALUR DIST.
47. SHRI UMESH NARAHARI BUNT MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) KUNDAPURA-576 201 MANGALUR DIST 48. SHRI A.S.JAYADEVA AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) YELUWALA RSK-570 102 MYSORE 49. SHRI SHIVAKUMAR AG: MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) NANJANGUD-571 301 MYSORE DISTRICT 50. SHRI M.M.BABANAGARA MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) LOKAPURA RSK-587 122 MUDOLA TALUK BAGALKOT DIST 51. SHRI R.JAYARAMU AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) KIKKERI RSK-571 423 KRISHNARAJAPET, MYSORE DIST.
52. SHRI K.HANUMANTHAPPA AGE:MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE LEAF ANALYSIS LAB SHIMOGA-577 201 53. SHRI O.L.NARASIMHA MURTHY AGE: MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) HIRIYUR-572 143 CHITRADURGA DIST.
54. SHRI SHIVARAJ AGE:MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) TRAINING CENTRE MUNIRABAD-583 233 55. SHRI S.N.NARAYANASWAMY AGE:MAJOR, ASSISTANT HORTICULTURE OFFICER OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (STATE SECTOR) TUMKUR-572 101 56. SHRI T.C.RANGAIAH AGE:MAJOR, HORTICULTURE ASSISTANT OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) HIRIYUR-572 143, CHITRADURGA DIST 57. SHRI K.M.MAHADEVAIAH AGE:MAJOR, HORTICULTURE ASSISTANT OFFICE OF THE ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) (PARKS AND GARDENS) CURZON PARK-577 117, MYSORE 58. SHRI DAVARAPPA AGE:MAJOR, HORTICULTURE ASSISTANT OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) LINGASUGURU-584 122 RAICHUR DISTRICT 59. SHRI EERAPPA G. GORABALA AGE:MAJOR, HORTICULTURE ASSISTANT OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (STATE SECTOR) HOMOPARK, BELGAUM-590 001 60. SHRI M.D.JAFFER AGE:MAJOR, HORTICULTURE ASSISTANT OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) SINDANUR-584 128, RAICHUR DIST.
61. SHRI SARANGADARA AGE:MAJOR, HORTICULTURE ASSISTANT OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) MADIKERI-571 201, KODAGU DIST.
62. SHRI SHIVAPUTRAPPA MAJOR, HORTICULTURE ASSISTANT OFFICE OF THE ASSISTANT DIRECTOR OF HORTICULTURE (WATER-SHED) GULBARGA-585 101 63. SHRI G.NAGENDRA GOWDA AGE:MAJOR, HORTICULTURE ASSISTANT OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) HALIYALA-581 329 64. SHRI RAGHUPATHY AGE:MAJOR, HORTICULTURE ASSISTANT OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) RAICHUR-5584 101 65. SHRI SHIVASHANKAR AGE:MAJOR, HORTICULTURE ASSISTANT OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) GULBARGA-585 101 66. SHRI SHRIDHAR VARMA AGE:MAJOR, HORTICULTURE ASSISTANT OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (STATE SECTOR) CHITRADURGA-577 502 67. SHRI DEVIPRASAD AGE:MAJOR, HORTICULTURE ASSISTANT OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (STATE SECTOR) MANGALORE-576 101 68. SHRI V.V.RAMOJI AGE:MAJOR, HORTICULTURE ASSISTANT OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) BIDAR-585 401 69. SHRI S.S.MAGADUR AGE:MAJOR, HORTICULTURE ASSISTANT OFFICE OF THE ASSISTANT DIRECTOR OF HORTICULTURE (HORTICULTURE FARM) CHINCHOLI-585 307 70. SHRI B.KRISHNAMURTHY MAJOR, HORTICULTURE ASSISTANT OFFICE OF THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (Z.P) KADUR-577 548 CHIKMANGALUR DIST. …RESPONDENTS (BY SHRI. VASANTH V. FERNANDIZE, HCGP FOR R1 & 2; SHRI. M. NAGAPRASANNA, ADVOCATE FOR R6-8, 12-15, 24, 26, 27, 40, 44, 49 & 51;
SHRI. JAVID HUSSAIN, ADVOCATE FOR 35 TO 39; RESPONDENTS 5, 9, 16-23, 25, 28-29, 31-34, 42-43, 45-48, 50, 52, 54, 55, 57-62, 69 & 70 ARE SERVED;
V/ORDER DATED 10.08.2018, NOTICE TO R3, 4, 10, 11, 30, 41, 53, 56 & 63-68 ARE DISPENSED WITH) THESE REVIEW PETITIONS ARE FILED UNDER ORDER 47 RULE 1 R/W 114 OF CPC, PRAYING TO RECALL THE ORDER DATED 08.01.2018 MADE IN W.Ps. NO. 52120-52134/2017 VIDE ANNEXURE-A AND REVIEW THE SAME AFTER HEARING THE PETITIONERS ON FACTS AND LAW AS TO ORDER UNDER REVIEW SUFFERS FROM ERROR APPARENT ON THE FACE AND OPPOSED TO PRINCIPLES OF NATURAL JUSTICE AND ETC.
THESE REVIEW PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 07.09.2018, COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, P.S. DINESH KUMAR, J., PRONOUNCED THE FOLLOWING:-
ORDER In these review petitions, petitioners have sought for review of order dated 08.01.2018 dismissing the writ petitions in W.Ps.No.52120-52134/2017.
2. For the sake of convenience, the parties herein are referred to as per their ranking in the writ petitions.
3. Heard Shri V.Lakshminarayana, learned Senior Advocate for the petitioners, Shri Vasanth V.Fernandize learned HCGP for the State, Shri M.Nagaprasanna and Shri Javid Hussain, learned Advocates for the private respondents.
4. Petitioners were selected for the post of ‘Gardeners’ in the Horticulture Department, in the year 1987. However, appointment orders were not issued to them. They approached the Karnataka State Administrative Tribunal, Bengaluru (‘KAT’ for short) in Application Nos. 1646, 1647 to 1656 & 1658/1990. By order dated 26.06.1990, KAT disposed of the said applications directing the Director of Horticulture and State Government to take appropriate decision in the matter within three months from the date of receipt of a copy of the said order. Subsequently, appointment orders were issued to petitioners in the year 1998. The Horticulture Department prepared the seniority list for the first time on 08.05.2003, wherein, daily wage employees, who were regularized against supernumerary posts were placed above petitioners at Sl.Nos.2193 to 4349. Petitioners filed their objections to the said seniority list. The final seniority list was prepared on 8/23.9.2005. Feeling aggrieved, petitioners approached the KAT for redressal of their grievances. By order dated 17.10.2017, the KAT dismissed their application Nos.7328-7330/2006 and application Nos.214-230/2011. Petitioners challenged the same before this Court in W.Ps.No.52120-52134/2017 which have been dismissed by order dated 08.01.2018 whose review is sought in these petitions.
5. In substance, grievance of the petitioners is that initially, the State Government erred in not issuing the appointment orders though they were selected in the year 1987, compelling them to approach the KAT. In the Seniority list, they have been placed below the daily wage employees who were absorbed by the Horticulture Department.
6. This Court has dismissed the writ petitions by placing reliance on the authority in Nani Sha Vs. State of Arunachal Pradesh1.
7. Shri Lakshminarayana for review petitioners argued that these review petitions merit consideration in the light of the decision of Supreme Court of India in Balwant Singh Narwal and others Vs. State of Haryana and others2.
8. Opposing these review petitions, Shri Nagaprasanna for private respondents contended that Balwant Singh is decided on the facts of that case inasmuch as the parties therein were governed by the earlier decision of Supreme Court of India and therefore not applicable in the facts of these cases. He argued that there is no error apparent on the face of the record warranting review of the order impugned in these petitions.
1 (2007) 15 SCC 406 2 (2008) 7 SCC 728 9. We have carefully considered rival contentions of learned advocates for the parties and perused the records.
10. In the very decision in Balwant Singh, Supreme Court of India has held (in paragraph No.8 page 731 SCC) that there is no dispute with regard to the general preposition that selection by Public Service Commission is merely recommendatory and does not imply automatic appointment and that the appointing authorities should not give notional seniority without valid reason, from a retrospective date, which would affect the seniority of those who have already entered service.
11. So far as the ratio in Balwant Singh is concerned, Shri Nagaprasanna is right in contending that the parties were bound by an earlier ‘inter-party decision’ of the Supreme Court of India. It may be useful to extract the relevant portion of the said judgment which reads as follows:
“10. This Court while allowing the appeals by Respondents 4 to 16 by order dated 6-12-1999 made it clear that all the 30 persons recommended by the Commission as per merit list dated 1-10-1993, including Respondents 4 to 16 are entitled to be appointed. The State Government submitted that but for the order dated 4-4-1994 of the High Court, Respondents 4 to 16 would have been appointed on 2-6-1994 itself. The order dated 4-4-1994 was ultimately set aside by this Court and Respondents 4 to 16 who were consequently appointed should not be denied the benefit of seniority. Therefore, the State Government was justified in giving them only notional seniority and placing them immediately below the other 16 candidates selected in the common merit list (published on 1-10-1993) and appointed on 2-6-1994. Respondents 4 to 16 have been given retrospective seniority not from the date of their selection as wrongly assumed by the appellants, but from 2-6-1994 when other selected candidates in their merit list were appointed.”
(Emphasis supplied) 12. Thus, parties in Balwant Singh were bound by inter-party decision dated 06.12.1999 given by the Supreme Court of India in appeals filed by respondents No.4 to 16 therein and therefore, not applicable in the facts of these cases.
13. In the circumstances, we find no error apparent on the face of the record in our order dated 08.01.2018 passed in the writ petitions. Resultantly, these review petitions fail and they are accordingly dismissed.
No costs.
Sd/- JUDGE Yn.
Sd/- JUDGE