IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.13622 OF 2018(S-RES) BETWEEN :
LAKSHMINARAYANAPPA S/O LATE MUNISHAMAPPA AGED ABOUT 56 YEARS R/AT BYCHAPURA VILLAGE ANNESHWARA POST KASABA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 110 …PETITIONER (BY SHRI. S.N. BHAT, ADVOCATE) AND :
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO THE PANCHAYATH RAJ DEPARTMENT M.S.BUILDING BENGALURU-560 001 2 . THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH K.G.ROAD BENGALURU-560 009 3 . THE EXECUTIVE OFFICER TALUK PANCHAYATH DEVANAHALLI TALUK DEVANAHALLI-562 110 4 . THE PANCHAYATH DEVELOPMENT OFFICER ANNESHWARA GRAMA PANCHAYATH DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 110 ... RESPONDENTS (BY SHRI. M.V. RAMESH JOIS, AGA FOR R1;
SHRI. M.S. DEVARAJU, ADVOCATE FOR R2 TO R4) . . . .
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO TAKE BACK THE PETITIONER TO SERVICE AS WATERMAN, BY IMPLEMENT THE ORDERS PASSED BY THE R-3 DTD:8.8.2016 IN ANNEXURE-D THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri. S.N.Bhat, learned Advocate for petitioner, Shri.Ramesh Jois M.V., learned AGA for respondent No.1 and Shri.M.S.Devaraju, learned Advocate for respondents No.2 to 4.
2. Petitioner claims to have worked as a ‘water man’ in Bychapura village, Anneshwara Grama Panchayath, Bangalore Rural District from 1999. His services were discontinued with effect from 10th February 2016. Feeling aggrieved, he has filed this writ petition seeking inter alia for a direction to respondent No.4 to take petitioner back on duty and to consider his representation dated 10th June 2016 (Annexure ‘E’).
3. Shri.M.S.Devaraju, learned Advocate for the Grama Panchayath, adverting to a Certificate issued by the Head Master of Government Higher Primary School, Anneshwara, Devanahalli Taluk (Annexure – R2) submitted that the said Certificate shows that petitioner was born on 18th November 1950. As on date, he is aged 69 years. Therefore, he is not entitled for any relief prayed for in the petition.
4. Records disclose that petitioner was appointed pursuant to a resolution passed on 30th November 1999 by the Grama Panchayath (Annexure-A). However, in view of the specific plea that petitioner is 69 years old, no direction can be issued to take him back on duty. The terms of appointment if any, are not forthcoming in the records. However, it is not disputed by the learned Advocate for the Panchayath that petitioner has worked from 1999 till 2016.
5. In the circumstances, ends of justice would be met by directing the Panchayath Development Officer to consider petitioner’s representation dated 10th June 2016.
6. Accordingly, this petition is disposed of with a direction to the Panchayath Development Officer to consider petitioner’s representation dated 10th June 2016 (Annexure–E) and pass appropriate orders in accordance with law.
No costs.
Sd/- JUDGE SPS