IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION No.12866 OF 2019 (S-RES) BETWEEN:
Sri. K. K. Raju, S/o. Krishnappa, Aged: 37 years, Occ: Peon, Begur Grama Panchayat, R/o. Begur -577427, Hosur Hobli, Shikaripura Taluk, Shivamogga District -577524.
(By Sri. Manjunatha Rao Bhonsle, Advocate) AND:
1. The State of Karnataka, Represented by its Principal Secretary, Dept. of Rural Development and Panchayath Raj Department, M.S. Building, Vidhana Veedi, Bengaluru -560 001.
2. The Chief Executive Officer, Zilla Panchayat, Post Box No. 127, Kuvempu Road, Shivamogga – 577201.
3. The Chief Executive Officer, Taluk Panchayat, …Petitioner Shikaripura, Shivamogga -577524.
4. The Panchayat Development/ Secretary, Begur Grama Panchayath, Begur – 577524, Shikaripura Taluk, Shivamogga District.
…Respondents (By Smt. M.S. Prathima, AGA) This writ petition is filed under Articles 226 & 227 of Constitution of India praying to quash the memorandum dated 07.12.2018 vide Annexure –N issued by respondent No.2.
This writ petition coming on for orders this day, the court made the following:
ORDER In the instant petition, petitioner has prayed for the following relief.
a) Pleased to issue a writ in the nature of certiorari to QUASH the Memorandum dated 07.12.2018 in No.ZiPamShi/ Aabhi[1] /Viva-106/2018-19 vide Annexure – ‘N’ issued by the 2nd Respondent;
b) Pleased to issue a writ in the nature of mandamus or any other writ or direction directing the 2nd Respondent to approve the appointment of the Petitioner for the post of Peon appointed by the 4th Respondent by its Resolution dated 22.11.2018 at Agenda No.5 vide Annexure –‘K’.
c) Grant such other relief/s as this Hon’ble Court may deems fit in the circumstances of the case, in the interest of justice and equity.
2. Grievance of the petitioner is that Chief Executive Officer, Zilla Panchayat before returning the proposal for approval of appointment of peons in Grama Panchayat, Begur he should have taken note of the Government Order dated 10.09.2014 relating to staff pattern/method of recruitment. The post of peons is required to be filled up in terms of Section 113 of Gram Swaraj and Panchayat Raj Act 1993 (hereinafter referred to be as ‘Act 1993’ for short). Once the Gram Panchayat selected the peon, it is mere formality of approving such selection and appointment to verify whether it is in terms of Section 113 of Act 1993 or not.
3. The Government Order dated 10.09.2014 is only for the purpose of examining the various issues. One of the issues taken into consideration by the Chief Executive Officer, Zilla Panchayat with selection and appointment is, not with reference to the merit. Therefore, he has remanded the matter to Grama Panchayat. In the event of not taking into various issues cited in the Government Order dated 10.09.2014, Grama Panchayat would take care in view of remanding the matter by the Chief Executive Officer to Grama Panchayat. Therefore, the petitioner has not made out a case that this Court can interfere in the matter. Accordingly, writ petition is disposed off.
Sd/- JUDGE BVK