IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION NO.27887 OF 2019 (S-RES) BETWEEN:
SRI N NATARAJ S/O LATE A.N. NANJUNDAIAH AGED ABOUT 55 YEARS NO.1348, 20TH MAIN ROAD, 32ND CROSS, 4TH "T" BLOCK, JAYANAGARA, BENGALURU 560 041.
(BY SRI. SOMASHEKHARAIAH R. P., ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF FINANCE VIDHANASOUDA BANGALORE 560 001.
... PETITIONER 2. THE CHAIRMEN & DEPUTY COMMISSIONER DISTRICT CASTE VERIFICATION COMMITTEE, DEVANAHALLI BENGALURU RURAL DISTRICT 562110 3. THE COMMISSIONER OF COMMERCIAL TAXES (KARNATAKA) GANDHINAGAR, BENGALURU 560 009.
4. THE TAHASILDAR HOSAKOTE TALUK HOSAKOTE BENGALURU RURAL DISTRICT 562114.
... RESPONDENTS (BY SMT. M. S. PRATHIMA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DT.01.02.2014 PASSED BY THE R-3 UNDER ANNEXURE- F; ISSUE DIRECTION TO THE R-3 TO TAKE IMMEDIATE STEPS TO GIVE ALL BENEFITS TO THE PETITIONER UNDER BEDA JANGAMA CASTE SUCH AS PROMOTION, INCREMENT AND ALL STATUTORY BENEFITS UNDER THE KCSR RULES.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has assailed the order dated 01.02.2014 (Annexure-F) passed by the Commissioner of Commercial Taxes (Karnataka), Bengaluru.
2. The undisputed fact is that the petitioner is holder of the post of First Division Assistant in the Commercial Tax department. He is a Government Servant. Service condition of a Government Servant is required to be agitated at the first instance before the appropriate Tribunal in terms of L. CHANDRA KUMAR VS.
UNION OF INDIA, (1997) 3 SCC 261 read with RAJIV KUMAR VS. HEMRAJ SINGH CHAUHAN, (2010) 4 SCC 544 (PARAGRAPH 13 to 16) read with SHIVAPRASAD BIRADAR VS. KARNATAKA LOKAYUKTA IN W.A.NO.200715/2018.
3. Thus the writ petition is not maintainable.
Accordingly writ petition stands disposed of. Liberty is reserved to the petitioner to approach appropriate forum.
Sd/-
Judge RD