IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA W.P. NOS. 11604-11607/2013 (GM-RES) BETWEEN:
1. K. V. MUDLIGIRAIAH S/O LATE VENKATESH AGED 34 YEARS 2. K. C. SURESH S/O CHIKKAHONNAIAH AGED 30 YEARS BOTH ARE R/AT S.KODAGEHALLI VILLAGE AND POST, KASABA HOBLI GUBBI TALUK, TUMKUR DIST – 572 213 3. CHANDRA SHEKAR H. B. S/O BASAVAIAH AGED 27 YEARS R/AT HARANAHALLI VILLAGE BELAVATHA POST KADABA HOBLI, GUBBI TALUK TUMKUR DISTRCT – 572 219 4. RUDRESH D. P. S/O PARAMAIAH AGED 27 YEARS BANDIHALLI VILLAGE AND POST NITTOOR HOBLI, GUBBI TALUK TUMKUR DISTRICT – 572 220 … PETITIONERS (BY SRI. T. A. KARUMBAIAH, ADVOCATE) AND:
1. THE TUMKUR ZILLA PANCHAYATH TUMKUR DISTRICT – 572 201 REP. BY THE CHIEF EXECUTIVE OFFICER 2. THE EXECUTIVE OFFICER GUBBI TALUK PANCHAYATH GUBBI, TUMKUR DISTRICT – 572 219 3. THE MISSION DIRECTOR KARNATAKA STATE WATER SUPPLY AND SANITATION MISSION 2ND FLOOR, KARNATAKA HOUSING BOARD BUILDING, CAUVERY BHAVAN KEMPEGOWDA ROAD BENGALURU – 560 009 4. THE STATE OF KARNATAKA RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT M.S.BUILDING DR.B.R.AMBEDKAR ROAD BENGALURU – 560 001 REP. BY THE SECRETARY (BY SRI. J. N. NAVEEN, ADV. FOR … RESPONDENTS SRI. A. NAGARAJAPPA, ADV. FOR R1 TO R3; SRI. Y. D. HARSHA, AGA FOR R4.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-H THE ORDER DATED 25.10.2012 AND ALSO ANNEXURE-J THE ORDER DATED 09.11.2012 BOTH ARE ISSUED BY THE R-4 AND PERMIT THE PETITIONERS TO CONTINUE THE SERVICE TILL THE COMPLETION OF THE SCHEME.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners in these petitions, who are working as Coordinators for the implementation of the scheme introduced by the Union Government called ‘Rural Water and Sanitation Scheme’ for providing water supply and sanitation facility in the rural area, are before this court to quash Annexure-H dated 25.10.2012 and also Annexure-J 09.11.2012 issued by the 4th respondent.
2. It is the case of the petitioners that the 3rd respondent – Mission Director, Karnataka State Water Supply & Sanitation Mission, has issued Notification dated 04.04.2011 inviting applications from the eligible candidates for the appointment of coordinators both at the Taluk and Hobli levels, for implementation of the scheme introduced by the Union Government for providing water supply and sanitary facility to the rural areas. Accordingly, after following the procedure as contemplated under the scheme, the petitioners came to be appointed on 21.04.2011 as Coordinators. The 4th respondent-State Government by an order dated 23.04.2012 has passed an order directing the Chief Executive Officer of Zilla Panchayaths in the State either to continue the service of Coordinators already employed are entrusting the said work to the Non Governmental Organizations [hereinafter referred to as ‘NGOs.’ for short]. On 04.07.2012, again the 4th respondent passed similar order like that of the order dated 23.04.2012 directing to take the services of Asha Karyakartheyaru. It is further contended that this court in WP Nos.23849 to 23851/2012 and connected matters has directed the respondents therein to consider the case of the petitioners and in the event, if the services of the petitioners are required to be continued and if there is requirement, the respondents shall continue their services till the completion of the scheme. In spite of the same, the 4th respondent has proceeded to pass the impugned order at Annexures ‘H’ and ‘J’ entrusting the services of the Coordinators to the NGOs. Therefore, the petitioners are before this court for the reliefs sought for.
3. I have heard the learned counsel appearing for the parties to the lis. Perused the records.
4. Sri T.A. Karumbaiah, learned counsel for the petitioners re-iterating the grounds urged in the petitions contended that originally the petitioners are appointed as Coordinators for implementation of the scheme introduced by the Central Government. Since the scheme is not completed, the services of the Coordinators are required to be continued till the completion of the scheme. Therefore, the impugned orders at Annexures ‘H’ & ‘J’ cannot be sustained. He would further contend that if the scheme introduced by the Central Government is continued, the State Government cannot delegate the services of the Coordinators to work under NGOs. If the work is entrusted to NGOs. then new comers have to undergo training for six months and thereby the respondents cannot extract work like the petitioners and thereby there will be a loss to the state exchequer.
5. He would further contend that the scheme introduced by the Central Government cannot alter by the State Government. He would also contend that in the identical circumstances, this court in Writ Petition Nos.58147-58148/2013 (S-RES) in the case of Santhosh Kumar H.S. and another Vs. State of Karnataka and others dated 01.10.2018, while disposing the Writ Petitions, directed the respondents to permit the petitioners therein to work under the scheme and not under the NGOs. and the petitioners are permitted to work under the scheme under which they have been appointed as long as the scheme continues. The payment, guarantees, terms and conditions are strictly and purely in accordance with the scheme introduced by the Union Government only. The said order has reached finality and therefore, sought for allowing of these Writ Petitions.
6. Per contra, Sri Y.D. Harsha, Addl. Government Advocate, appearing for the State sought to justify the impugned orders at Annexures ‘H’ and ‘J’ on the ground that if the petitioners are entrusted to work under the NGOs., it will not in any way prejudice the case of the petitioners and the term of the Coordinators appointed only for a period of one year. In fact, Annexures ‘H’ and ‘J’ are in support of the petitioners to continue their services under the NGOs. Therefore, he sought to dismiss the Writ Petitions.
7. Sri J.N. Naveen, learned counsel appearing for Sri A.Nagarajappa, for respondents 1 to 3, sought to justify the impugned order and contended that in terms of the order passed by the State Government at Annexures ‘H’ & ‘J’, they are only implementing the scheme and it cannot go against the State Government. Therefore, sought to dismiss the Writ Petitions.
8. Having heard the learned counsel appearing for the parties, it is an undisputed fact that the petitioners who are appointed as Coordinators under the Notification issued by the 3rd respondent under the scheme introduced by the Central Government to provide water supply and sanitation facility in the rural area. It is also not in dispute by all the parties to the lis, that the said scheme is still existing as on today. When the scheme is still existing, the State Government cannot delegate the powers to the NGOs., under the scheme introduced by the Central Government. Even though the learned Addl. Government Advocate tried to persuade this court that the appointment was made only for a period of one year, it is not the case of either of the respondents that they have terminated the services of the coordinators and the scheme is completed, but they only contend that the services of the coordinators are entrusted to work under the NGOs.
9. When the scheme introduced by the Central Government for a particular cause, unless and until the scheme is completed, the State Government cannot delegate the powers of NGOs. to continue the scheme introduced by the Central Government. It is also not in dispute that in identical circumstances, this court in the case of Santhosh Kumar stated supra held that unless and until the scheme permits, it is impermissible for the respondents to create NGOs. for the purpose of handing over the workers for service and maintenance. By virtue of the scheme introduced by the Union Government, these workers are permitted to work under the said Scheme and not under the NGOs. and the petitioners shall work under the scheme as long as the scheme continues. The order passed by this court has reached finality.
10. In view of the above, there cannot be any discrimination between the coordinators who are working under the scheme introduced by the Central Government or the State Government in violation of Article 14 and 21 of the Constitution of India.
11. For the reasons stated above, the Writ Petitions are disposed off. Impugned orders at Annexures ‘H’ and ‘J’ are hereby quashed. The respondents are hereby directed to permit the petitioners to serve as coordinators under the scheme introduced by the Central Government till the completion of the scheme.
Ordered accordingly.
Sd/- JUDGE PL*