Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NO.50014/2019(CS-RES) BETWEEN:
SMT. NAGARATHNA W/O LATE CHANDRAPPA AGED ABOUT 34 YEARS OCC: SECRETARY DODDEREHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, DODDEREHALLI HATTUR POST, HONNALI TALUK DAVANAGERE DISTRICT – 577 217.
...PETITIONER (BY SRI. BALAGANGADHAR G.S, ADVOCATE) AND:
1 . THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES DAVANAGERE SUB-DIVISION DAVANAGERE – 577 219.
2 . DODDEREHALLI MILK PRODUCERS CO-OPARATIVE SOCIETY LTD., DODDEREHALLI, HATTUR POST HONNALI TALUK, DAVANAGERE DISTRICT – 577 217 REPRESENTED BY ITS SPECIAL OFFICER.
3 . H.S. SATHISH KUMAR SPECIAL OFFICER, DODDEREHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., AND CO-OPERATIVE DEVELOPMENT OFFICER, HONNALI TLAUK, HONNALI – 577 217.
4 . D. KARIBASAPPA S/O MALLESHAPPA OCC-MILK TESTER DODDEREHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., HONNALI TALUIK, DAVANAGERE DISTRICT – 577 217.
5 . S. SURESH S/O KENCHAVEERAPPA OCC-MILK TESTER, DODDEREHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., HONNALI TALUK, DAVANAGERE DISTRICT – 577 217.
…RESPONDENTS (BY SMT. H.C. KAVITHA, HCGP FOR R-1;
SRI. BASAVARAJA PATEL G.K, ADVOCATE FOR C/R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/MODIFY THE ORDERS PASSED BY THE KARNATKA APPELLATE TRIBUNAL AT BENGALURU IN APPEAL NO.26/2019 DATED:30.09.2019 WHICH IS PRODUCED AT ANNEXURE-A AND ALSO THE ORDERS PASSED BY THE R-1 IN MIS. DISPUTE NO.8/2017-18 DATED:11.02.2019 PRODUCED AT ANNEXURE-D SO FAR AS THE SAME RELATES TO HOLDING THAT THE PETITIONER IS NOT ELIGIBLE FOR THE POST OF SECRETARY OF THE DODDEREHALLI MILK PROUDCERS CO-OPERATIVE SOCIETY LIMITED DODDEREHALLI, HATTUR POST HONNALI TALUK DAVANAGERE DISTRICT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though matter is listed for Preliminary Hearing, by consent of learned Advocates appearing for parties it is taken up for final disposal.
2. Heard Sri. G.S.Balagangadhar, learned counsel appearing for petitioner, Smt. H.C.Kavitha, learned HCGP appearing for respondent Nos.1 and 2 and Sri.Basavaraj Patel, learned counsel appearing for Caveator/respondent No.4. No notice is issued to respondent Nos.3 and 5 since petition is dismissed at the threshold for reasons indicated herein below.
3. Husband of petitioner – Sri.A.Chandrappa,, who was working as Secretary of second respondent- Society, expired on 05.01.2018 leaving behind petitioner and 2 daughters. Board Directors of second respondent-Society resolved to appoint petitioner as acting Secretary of second respondent-Society on compassionate grounds by taking into account that there was no Secretary of second respondent-society namely on the demise of Sri.A.Chandrappa since June 2018.
4. Being aggrieved by said resolution, respondent Nos.4 and 5, who claimed to be eligible for being appointed as Secretary of second respondent– Society, raised a dispute under Section 70 of Karnataka Co-operative Societies Act, 1959, contending interalia that petitioner was not qualified to be appointed as Secretary and also sought for being declared that they are eligible for being appointed as Secretary to second respondent – society by promotion. They also sought for setting aside the appointment of petitioner. In fact, in the dispute raised by them they have clearly admitted they have no objection for petitioner being appointed for any post in second respondent-society based on her educational qualification. In this background, dispute came to be adjudicated by the Assistant Registrar, Co-operative Societies and by order dated 11.02.2019-Annexure-D said authority allowed the dispute by setting aside the appointment of petitioner to the post of Secretary and directed second respondent-Society to consider the case of petitioner for appointment to any suitable post by considering her educational qualification possessed as on that date and by considering her claim as one made for appointment on compassionate grounds, since her husband had expired while in service.
5. Being aggrieved by said order petitioner herein filed an appeal in Appeal No.26/2019 before Karnataka Appellate Tribunal with a prayer to grant interim stay. During the pendency of said appeal, an interim order came to be passed in favour of petitioner herein by the Tribunal by order dated 22.02.2019 – Annexure-F and ordered for continuing petitioner as acting Secretary of second respondent-Society. Being aggrieved by said order, respondent Nos.4 and 5 herein had approached this Court in W.P.Nos.9973- 9974/2019, which came to be allowed and order of stay granted by tribunal came to be set-aside, which was carried in an intra-court appeal in W.A.Nos.924-
925/2019, which came to be disposed of on 31.05.2019 by directing continuation of interim order of stay granted by Tribunal on 22.02.2019 till disposal of appeal. Pursuant to same, appeal came to be adjudicated on merits and was dismissed by the Appellate Tribunal by order dated 30.09.2019- Annexure-A. Hence, this writ petition.
6. It is the contention of Sri.G.S.Balagangadhar, learned counsel appearing for petitioner that Tribunal had committed a serious error in not considering the fact that Rule 17 of Karnataka Co-operative Societies Rules, 1960, had no application and as on the date petitioner has sought for being appointed on compassionate ground to the post of Secretary, she was eligible for being considered and appointed to the said post. Tribunal erred in not taking into consideration this aspect as also the fact that second respondent-Society had passed an unanimous resolution appointing petitioner on compassionate ground. Hence, he seeks for writ petition being allowed.
7. Per contra, Smt.H.C.Kavitha, learned HCGP appearing for respondent No.1 would support the order passed by Tribunal.
8. Sri.Basavaraj Patel, learned counsel appearing for respondent No.4/Caveator would not only support the impugned order passed by the Tribunal but would also contend that petitioner did not possess requisite qualification as on date she sought for appointment on compassionate ground namely, she did not possess educational qualification prescribed under Rule 17 of the Rules and as such Tribunal has rightly rejected the appeal by confirming the order passed by the Assistant Registrar, Co-operative Societies on 11.02.2019-Annexure-D. Hence, he prays for dismissal of the writ petition.
9. Having heard the learned Advocates appearing for parties and on perusal of records it would emerge therefrom that petitioner herein had sought for being appointed on compassionate ground in the second respondent-Society on the demise of her husband on 05.01.2018, who was working as Secretary in said Society. In this background, Board of Directors of second respondent – Society considered her prayer and by resolution dated 01.02.2018-Annexure-B second respondent-Society resolved to appoint petitioner as Secretary under Rule 18(3) of Karnataka Co-operative Societies Rules. It reads as under:
Next >