IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS WRIT PETITION NOs.33086- 33090/2016 & WRIT PETITION NOs.33091-33094/2016 (S-REG) C/W WRIT PETITION NO.37680/2016 (S-RES) IN W.P. NOs.33086- 33090/2016 & W.P. NOs.33091-33094/2016 BETWEEN 1. SRI. NAMDEV LAALGE S/O. LATE LAXMAN RAO, AGED ABOUT 53 YEARS, (ORIGINALLY EMPLOYEE OF MYSORE LAMP WORKS LTD), NOW ON DEPUTATION TO THE HEALTH DEPARTMENT, GOVERNMENT OF KARNATAKA, NOW WORKING AS JUNIOR ENGINEER, DISTRICT HOSPITAL DHARWAD, AND RESIDING FLAT NO.303, SAROJ SYMPHONY-2, B-BLOCK, NAGAGONDANAHALLI MAIN ROAD, IMMADIHALLI POST, WHITEFIELD, BENGALURU-66.
2. T. ANANDA BABU S/O V. THIPPANNA, AGED ABOUT 49 YEARS, (ORIGINALLY EMPLOYEE OF MYSORE LAMP WORKS LTD), NOW ON DEPUTATION TO THE HEALTH DEPARTMENT, GOVERNMENT OF KARNATAKA, NOW WORKING AS JUNIOR ENGINEER, SNR DISTRICT HOSPITAL, KOLAR AND RESIDING AT NO.1439, 18TH MAIN, 31ST CROSS, HBR LAYOUT, 5TH BLOCK, KALYANA NAGAR POST, BENGALURU-560043.
3. H. K. SHIVARAMU S/O LATE. KRISHNAIAH, AGED ABOUT 55 YEARS, (ORIGINALLY EMPLOYEE OF MYSORE LAMP WORKS LTD), NOW ON DEPUTATION TO THE HEALTH DEPARTMENT, GOVERNMENT OF KARNATAKA, NOW WORKING AS JUNIOR ENGINEER, DISTRICT HOSPITAL TUMKUR AND RESIDING AT NO.3, HODEKULL, BYATHA POST, URIDGERE HOBLI, TUMKUR TALUK AND DISTRICT – 40.
4. CHANDRASHEKAR B SOMAPUR S/O. BASAVANNEPPA, AGED ABOUT 50 YEARS, (ORIGINALLY EMPLOYEE OF MYSORE LAMP WORKS LTD), NOW ON DEPUTATION TO THE HEALTH DEPARTMENT, GOVERNMENT OF KARNATAKA, NOW WORKING AS TECHNICIAN SNR DISTRICT HOSPITAL KOLAR AND RESIDING C/O. H V SOMAPUR, ADVOCATE, NO.596, 1ST FLOOR, 4TH CROSS, UVC LAYOUT, 3RD BLOCK, BASAVESHWARANAGAR, BENGALURU-560079.
5. CHANDRASHEKAR Y HADAGALI S/O. YALLAPPA HADAGALI, AGED ABOUT 53 YEARS, (ORIGINALLY EMPLOYEE OF MYSORE LAMP WORKS LTD), NOW ON DEPUTATION TO THE HEALTH DEPARTMENT, GOVERNMENT OF KARNATAKA, NOW WORKING AS TECHNICIAN, DISTRICT HOSPITAL VIJAYAPURA, R/AT NO. 60, 2ND CROSS, LAKESHORE GARDEN, THINDLU, VIDYARANYAPURA POST, BANGALORE-97.
6. B. S. NAGABHUSHAN S/O. LATE. E. BASAVARAJU, AGED ABOUT 55 YEARS, (ORIGINALLY EMPLOYEE OF MYSORE LAMP WORKS LTD), NOW ON DEPUTATION TO THE HEALTH DEPARTMENT, GOVERNMENT OF KARNATAKA, NOW WORKING AS TECHNICIAN, MCGAN TEACHING DISTRICT, HOSPITAL SHIVMOGGA, R/AT NO.157, CHANDRAKIRAN NILAYA, 2ND CROSS, PANCHAVATI COLONY, GSKM ROAD, SHIVAMOGGA 01.
7. MALLAPPA VALASANG S/O. TUKARAMA VALASANG, AGED ABOUT 56 YEARS, (ORIGINALLY EMPLOYEE OF MYSORE LAMP WORKS LTD), NOW ON DEPUTATION TO THE HEALTH DEPARTMENT, GOVENMENT OF KARNATAKA, NOW WORKING AS TECHNICIAN, DISTRICT HOSPITAL KARWAR, R/AT NO.218, BAHUBALI NAGAR, JALAHALLI POST, BENGALURU 560013 8. K. RENUKAPPA S/O K KARIBASAPPA, AGED ABOUT 58 YEARS, (ORIGINALLY EMPLOYEE OF MYSORE LAMP WORKS LTD), NOW ON DEPUTATION TO THE HEALTH DEPARTMENT, GOVERNMENT OF KARNATAKA, NOW WORKING AS JUNIOR ENGINEER, DISTRICT HOSPITAL SHIMOGGA, R/AT SRI BANASHANKAR NILAYA, PIPELINE, BHEL MINI COLONY, 19TH -B-CROSS, T. DASARAHALLI, BANGALORE 57 9. D. J. RAMANATH S/O. JAYADEVAIAH, AGED ABOUT 52 YEARS, (ORIGINALLY EMPLOYEE OF MYSORE LAMP WORKS LTD), NOW ON DEPUTATION TO THE HEALTH DEPARTMENT, GOVERNMENT OF KARNATAKA, NOW WORKING AS JUNIOR ENGINEER, DISTRICT HOSPITAL KARWAR AND R/AT NO. 338, BLOCK NO.15, KHB QUARTERS, KENGERI SATELLITE TOWN, BENGALURU 560060.
(BY SRI. SUBRAMANYA BHAT M, ADVOCATE) AND 1. STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY, ... PETITIONERS INDUSTRIES AND COMMERCE, VIKAS SOUDHA, VIDHANA VEEDHI, BENGALURU-560001.
2. STATE OF KARNATAKA REP BY CHIEF SECRETARY, VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU-560001.
3. STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY, DEPT. OF DISINVESTMENT AND STATE PUBLIC SECTOR ENTERPRISES, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU -560001.
4. STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU-560001.
5. STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE SERVICES, VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU-560001.
6. STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY, D. P. A. R., VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU-560001.
7. M/S MYSORE LAMP WORKS LIMITED REP BY ITS MANAGING DIRECTOR, P.B. NO. 5551, MALLESWARAM (WEST), BENGALURU-560055.
8. M/S MYSORE MINERALS LIMITED REP BY ITS MANAGING DIRECTOR, TTMC, BUILDING, A-BLOCK, 5TH FLOOR, BMTC, SHANTHINAGAR, BENGALURU-560027.
... RESPONDENTS (BY SRI. SRIDHAR N.HEGDE, HCGP FOR R1 TO R6; SRI. MAYANNA B L, ADVOCATE FOR R7;
SRI. NARASI REDDY, ADVOCATE FOR R8) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE GOVERNMENT ORDER DTD 9.12.2015 PRODUCED AS ANNEXURE-H AND GRANT THE PETITIONERS THE FOLOWING RELIEFS QUASH THE GOVERNMENT ORDER DTD 9.12.2015 ISSUED BY R-1 AND PRODUCED AS ANNX-H, IN SO FAR AS THE SAID GOVERNMENT ORDER DOES NOT IMPLEMENT THE DIRECTION GIVEN BY THIS HON'BLE COURT IN W.P.NOS.28000/2003, 34019/2004, 12346/2004, 24998/2003 AND 22979/2003 (S-RES) AND AFFIRMED BY THE DIVISION BENCH IN WRIT APPEAL NO.5571/2013 & WA NOS.6450-6500/2013 (S-RES) AND ETC.
IN W.P. NO.37680/2016 BETWEEN SHIVAJI S/O LATE VALLAPPA, AGED ABOUT 53 YEARS, (ORIGINALLY EMPLOYEE OF MYSORE LAMP WORKS LTD.) NOW ON DEPUTATION TO THE HEALTH DEPARTMENT, GOVERNMENT OF KARNATAKA, NOW WORKING AS EQUIPMENT TECHNICIAN, DISTRICT HOSPITAL CHITRADURGA, AND RESIDING 4TH CROSS, GANDHINAGAR, HARIHARA, DAVANAGERE DISTRICT-577 601.
(BY SRI.SUBRAMANYA BHAT M, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, INDUSTRIES & COMMERCE, VIKAS SOUDHA, VIDHANA VEEDHI, BENGALURU-560 001.
2. STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU-560 001.
3. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPT. OF DISINVESTMENT & STATE PUBLIC SECTOR ENTERPRISES, M.S. BUILDINGS, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.
4. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU-560 001.
5. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE SERVICES, VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU-560 001.
6. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, ... PETITIONER D.P.A.R. VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU-560 001.
7. M/S MYSORE LAMP WORKS LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, P.B. NO.5551, MALLESWARAM (WEST), BENGALURU-560 055.
8. M/S MYSORE MINERALS LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, TTMC BUILDING "A" BLOCK, 5TH FLOOR, BMTC, SHANTHINAGAR, BENGALURU-560 027.
... RESPONDENTS (BY SRI. SRIDHAR N HEGDE, HCGP FOR R1 TO R6; SRI. MAYANNA B L, ADVOCATE FOR R7;
SRI. G. NARASI REDDY, ADVOCATE FOR R8) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE GOVERNMENT ORDER DTD 9.12.2015 PRODUCED AS ANNX-F AND GRANT THE PETITIONERS THE FOLOWING RELIEFS QUASH THE GOVERNMENT ORDER DTD 9.12.2015 ISSUED BY R-1 AND PRODUCED AS ANNX-F, AS THE SAME IS IN UTTER DISREGARD TO THE DIRECTIONS ISSUED BY THIS HON'BLE COURT IN W.P.NOS.28000/2003, 34019/2004, 12346/2004, 24998/2003 AND 22979/2003 (S-RES) AND AFFIRMED BY THE DIVISION BENCH IN WRIT APPEAL NO.5571/2013 & WA NOS.6450- 6500/2013 (S-RES).
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
Though these matters are coming up for hearing on Interlocutory Applications, with the consent of the learned counsels on both sides, these petitions are heard and disposed of finally.
2. The petitioners were erstwhile employees of the Mysore Lamp Works Limited, which when liquidated and the services of the employees of the Mysore Lamp Works Limited was assigned to various Government undertakings as well as Government departments. Later on, when the Government took a decision to absorb all such persons who were deputed to Government undertakings, but those employees who were assigned duties at Government departments were not absorbed, the aggrieved employees approached this Court in Writ Petition No.28000/2003 and connected matters. Those writ petitions were allowed and the order passed by the Government was quashed, by order dated 22.03.2012. The respondents herein were unsuccessful in the writ appeals preferred before the Division Bench of this Court. Writ Appeal Nos.5571/2013 & 6450-6500/2013 were dismissed on 07.01.2015, confirming the order passed by this Court in Writ Petition Nos.28000/2003 and connected matters.
3. Learned counsel for the petitioners submits that inspite of the quashment of the earlier notification issued by the Government with a specific direction to consider the case of the petitioners, the respondent-Government has issued impugned Government Order dated 09.12.2015 merging the Mysore Lamp Works Limited with Mysore Minerals Limited, thereby declining to absorb the services of the petitioners in the Government department. The very same order was challenged by some of the aggrieved persons, in W.P.Nos.10842-10851/2016. Those writ petitions were allowed by order dated 03.10.2018 and the impugned order dated 09.12.2015 has been quashed by the co-ordinate Bench of this Court. In the light of the above, learned counsel for the petitioners submits that the similar orders need to be issued in these petitions also.
4. Heard the learned counsels for the petitioners and the respondents.
5. This Court is in respectful agreement with the order dated 03.10.2018 passed in writ petitions No.10842- 10851/2016. As a consequence, these writ petitions are allowed and the impugned Government Order dated 09.12.2015 is hereby quashed. As a result, the consequential orders of posting issued to the petitioner at Annexure-K series are also quashed.
6. In terms of the order dated 03.10.2018, the respondents are directed to comply with the order passed in W.P.No.28000/2003 and connected matters and pass appropriate orders within a period of three months from the date of receipt of a certified copy of this order.
7. In view of the disposal of these writ petitions, all other interlocutory applications do not survive for consideration and are accordingly disposed of.
Sd/- JUDGE DL