IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.9973-9974/2019 (CS-RES) Between:
1. Sri.D.Karibasappa, S/o. Malleshappa, Aged about 44 years, Occ: Now working as Secretary, Dodderehalli Milk Producers Co-Operative Society Limited, Honnali Taluk, Davanagere District-577 217.
2. Sri.S.Suresh, S/o. Kenchaveerappa, Aged about 45 years, Occ: Assistant Milk Tester, Dodderehalli Milk Producers Co-Operative Society Limited, Hattur Post, Honnali Taluk, Davanagere District-577 217. ... Petitioners (By Sri. Basavaraja Patel G.K, Adv.,) And:
1. Smt.Nagarathna, W/o. Late. M.Chandrappa, Aged about 34 years, Occ: Secretary, Dodderehalli Milk Producers Co-Operative Society Limited, Hattur Post, Honnali Taluk, Davanagere District-577 217.
2. Assistant Registrar of Co-Operative Societies, Davanagere Sub-Division, Davanagere-577 201.
3. Dodderehalli Milk Producers Co-Operative Society Limited, Hattur Post, Honnali Taluk, Davanagere District-577 217, Represented by its Special Officer.
4. H.S.Sathish Kumar, Special Officer, Dodderehalli Milk Producers Co-Operative Society Limited, Hattur Post, Honnali Taluk, Davanagere District-577 217. ... Respondents (By Sri. S.V.Prakash, Adv., for C/R1; Sri. A.K.Vasanth, Govt. Adv., for R2) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to set aside the order dated: 22.02.2019 made in I.A.No.1/2019 in appeal No.26/2019 vide Annexure-H on the file of the Hon’ble Karnataka Appellate Tribunal, Bengaluru, and etc., These Writ Petitions coming on for ‘Preliminary Hearing’ this day, the Court made the following:-
ORDER Petitioners are the employees of respondent No.3- Dodderehalli Milk Producers’ Co-operative Society Limited. Admittedly, the said society was having Full Time Secretary by name M. Chandrappa, who is said to have died in the year 2018. Thereafter, on compassionate grounds, his wife Smt. Nagarathna, who is respondent No.1 herein, was appointed as an Acting Secretary to respondent No.3- society. The appointment of the said Nagarathna as Acting Secretary to respondent No.3-Society was subject matter of challenge in dispute No.7/2017-18 on the file of respondent No.2-Assistant Registrar of Co-operative Societies by the petitioners.
2. The said dispute was allowed by order dated 11.2.2019 wherein it was observed that petitioner No.1 herein, who was respondent No.3 in the proceedings before Assistant Registrar of Co-operative Societies should be considered for the post to which he had qualification. The said observation was on the premise that as on the date when respondent No.1 herein was appointed as Acting Secretary to respondent No.3-Society, she was not having minimum qualification of passing SSLC and which she has secured in the year 2017-18 i.e., subsequent to her appointment as Acting Secretary, which was not accepted by Assistant Registrar of Co-operative Societies.
3. Therefore, the observation that respondent No.1 herein should be given appointment on compassionate grounds on the basis of her qualification was challenged by her in Appeal No.26/2019 on the file of Karnataka Appellate Tribunal (for short ‘the KAT’), wherein the Tribunal has stayed the order of respondent No.2- Assistant Registrar of Co-operative Societies by way of interim order on 22.2.2019, which is the subject matter of challenge in these writ petitions.
4. Heard learned counsel for the petitioners and Sri S.V. Prakash, learned counsel for the contesting respondent No.1 and Additional Government Advocate for respondent Nos.2 and 3.
5. On appreciating the materials available on record, it is clearly seen that the interim order granted by KAT in Appeal No.26/2019 is erroneous inasmuch as when the appointment of respondent No.1 herein was considered to the post of Acting Secretary, she did not have required qualification for the said post. Hence, the grant of interim order to continue her in the said post till disposal of appeal is erroneous. Therefore, the grant of interim order passed by the KAT is hereby quashed.
6. The writ petitions are disposed of with a direction to KAT to dispose of the appeal pending in Appeal No.26/2019 within three months from the date of receipt of a copy of this order.
Sd/- JUDGE Cs CT:RG