IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE THE HON' BLE MR.JUSTICE R.DEVDAS WRIT PETITION NO.50740/2018 (S-REG) BETWEEN SMT. LAKSHMAMMA W/O ANJANAPPA AGED 46 YEARS RESIDING AT DOOR NO.14 1ST MAIN, 2ND CORSS NARAYANARAO COLONY SRIRAMPURAM BENGALURU-560 002.
(BY SMT. RASHMI R, ADVOCATE) AND 1. STATE OF KARNATAKA EDUCATION DEPARTMENT M. S. BUILDING BANGALORE-560 001 REP BY ITS PRINCIPAL SECRETARY.
2. THE DIRECTOR PRE UNIVERSITY BOARD MALLESHWARAM 18TH CROSS BANGALORE-560 003.
(BY SMT. M. S. PRATHIMA, AGA) ... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO CONSIDER THE REPRESENTATION DATED 10.05.2015 VIDE ANNEXURE-M IN PURSUANCE OF THE ORDER PASSED IN THE WRIT PETITION 16967/2018 AND REGULARIZE HER POST AS A PERMANENT SWEEPER VIDE ANNEXURE-L AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
Though the matter is coming up for hearing on Interlocutory application, with the consent of learned counsels on both the sides, this matter is heard and disposed of finally.
2. I. A. No.1/2018 is filed by the petitioner seeking amendment to the writ petition on the ground that subsequent to filing of the writ petition, the petitioner has been removed from the services, by order dated 22.09.2018. The petitioner wants to add new grounds challenging the order of termination and a prayer seeking to challenge the subsequent order dated 22.09.2018.
3. The challenge to subsequent order of termination is a different cause of action and cannot be allowed to be brought by way of amendment. Therefore, I.A.No.1/2018 is hereby rejected.
4. At this stage, the learned counsel for the petitioner submits that the instant petition may be dismissed granting liberty to the petitioner to challenge the subsequent order passed by the respondents while keeping open the contention raised in this petition. While granting such liberty, the writ petition is dismissed.
SD/- JUDGE DL