IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 PRESENT:
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NO.2795 OF 2019 (S-RES) BETWEEN:
SRI. N.MAHADEVAIAH, S/O. LATE NINGAIAH, AGED ABOUT 53 YEARS, R/AT NO.3821/2, SRIRAMPURA, NANJANAGUDU TALUK, MYSURU DISTRICT-571 301.
WORKING AS A BOREWELL MACHANIC, TALUK PANCHAYATH, T.NARASIPURA / NANJANAGUDU, MYSURU DISTRICT-571 124. ... APPELLANT (BY SHRI. RUDRAPPA P., ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REP. BY PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, M.S. BUILDING, VIDHANA VEEDHI, BANGALORE-560 001.
2. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH, MYSURU, MYSURU DISTRICT-570 003.
3. THE CHIEF EXECUTIVE OFFICER, TALUK PANCHAYATH, T.NARASIPURA TALUK, MYSURU DISTRICT-570 003.
4. THE CHIEF EXECUTIVE OFFICER, TALUK PANCHAYATH, NANJANAGUD TALUK, MYSURU DISTRICT-570 003. ... RESPONDENTS (BY SHRI. I.THARANATH POOJARY, ADDITIONAL GOVERNMENT ADVOCATE) ---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 19.07.2019 IN WRIT PETITION NO.28898/2019 PASSED BY THE LEARNED SINGLE JUDGE AND ALLOW THE INTERIM PRAYER AS PRAYED IN THE WRIT PETITION NO.28898/2019.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT The appellant was employed on the basis of daily wages with effect from 1st July, 1984 with the third respondent-Taluk Panchayat. His employment was regularized on 15th March, 2013. In the service records, the date of birth of the appellant was mentioned as 10th July, 1959. For the first time, in the year 2018, the appellant contended that his correct date of birth was 10th July, 1966. Thus, at the fag end of his employment, this contention was raised.
2. In the writ petition, where the final prayer made by the appellant is for correcting his date of birth, interim relief has been declined by the impugned order passed by the learned Single Judge. Thus, the interim relief for continuing him in the employment after 31st July, 2019 has been rejected.
3. After hearing the learned counsel appearing for the appellant, we find that as per the date of birth entered in the service records, the appellant is to be superannuated on 31st July, 2019, By an interim order, the appellant cannot be continued in service thereafter especially when he has applied for correcting his date of birth after a very long lapse of time.
4. Even if the appellant succeeds in the writ petition, certain monetary benefits can be always extended.
Therefore, there is no reason to interfere with the discretionary order of the learned Single Judge of rejecting the interim prayer. The appeal is accordingly dismissed.
Sd/- CHIEF JUSTICE Sd/- JUDGE Ksm*