IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.32857OF 2013 (GM-R/C) BETWEEN:
Sri K Kalashetty Aged 58 years, S/o Late Kullashetty, Male Mahadeshwara Swamy Temple, Kollegal Taluk, Chamarajanagar District-571 440. ... Petitioner (By Smt. K. K. Thayamma, Advocate) AND:
1. State of Karnataka Represented by its Secretary, Department of Religious and Charitable Endowments, Vidhana Soudha, Bengaluru-560 001.
2. The Commissioner Hindu Religious and Charitable Endowments Chamarajpet, Bengaluru-560 018.
3. The Executive Officer Male Mahadeshwara Swamy Temple, Kollegal Taluk, Chamarajanagar District-571 440. ...Respondents (By Smt. Niloufer Akbar, AGA for R1 and R2 Sri Chandrakanth R Goulay, Advocate for R3.) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the notice issued by the respondent No.3 dated 28.06.2013 vide Annexure-B and grant an interim order to stay of notice issued by the respondent No.3 dated 28.06.2013.
This Writ Petition coming on for Orders this day, the Court made the following:
O R D E R This writ petition is directed against the notice dated 28.06.2013, passed by respondent No.3-temple at Annexure-B whereby, the petitioner has been given retirement from the service as he has reached the age of 58 years.
2. The petitioner was working as a cleaner of the bus belonging to respondent No.3-temple. As there was a dispute with regard to the age of retirement of temple employees, respondent No.3 tried to retire them from service at the age of 58 years. Since the petitioner has completed the age of 58 years, respondent No.3 issued a notice of retirement from the service. Being aggrieved by the same, the petitioner has challenged notice dated 26.07.2013 before this Court. This Court had granted interim order of stay. With the benefit of interim order, now the petitioner has completed the age of 68 years.
3. Learned counsel for the petitioner submits that as per Rule 11 of Karnataka Hindu Religious and Charitable Endowments Rules, 2002, the petitioner is entitled to continue his service at the age of 65 years.
4. On the other hand, the learned counsel for the respondent No.3 submits that the petitioner is not a temple employee, he was working as a cleaner of the bus belonging to respondent No.3-temple. In the similar circumstances, the employees of the very same temple had filed writ petition before this Court in W.P.No.18520/2005, this Court by its order dated 08.02.2008, has held that the age of the retirement of temple employees is 58 years. It is not disputed that the petitioner has completed the age of 60 years.
5. In view of the law laid down in W.P.No.18520/2005 dated 08.02.2009 and confirmed by the Division Bench of this Court in W.A.No.437/2008 on 22.01.2013, as the petitioner has completed the age of 60 years, he has to retire from the service.
In view of the above, the writ petition is dismissed.
Sd/- JUDGE HA/-