IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13th DAY OF AUGUST, 2019 :PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R.DEVDAS WRIT PETITION NOs.41094 OF 2018 AND 41095-96 OF 2018 (S-KAT) BETWEEN 1. SRI S NAGARAJ S/O K SANTHU RAMA RAO AGED 49 YEARS, WORKING AS VILLAGE ACCOUNTANT, KURAHATTI CIRCLE, NANJANGUD TALUK KASABA HOBLI, MYSORE DISTRICT – 571 302.
2. SRI YOGENDRA KUMAR M K S/O LATE KEMAIAH, AGED 33 YEARS WORKING AS VILLAGE ACCOUNTANT HULIMAVU CIRCLE, CHIKKAIANACHATRA HOBLI, NANJANGUD TALUK MYSORE DISTRICT - 571 302.
3. SRI LOHITHA C V S/O LATE VENKATESHA C T AGED 31 YEARS, WORKING AS VILLAGE ACCOUNTANT, MOSAMBHYNAHALLI CIRCLE VARUNA HOBLI, MYSORE TALUK AND DISTRICT – 570 001.
(BY SRI NITISH, FOR SRI K V NARASIMHAN, ADV.) …PETITIONERS AND 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S.BUILDING BANGALORE – 560 001.
2. THE REGIONAL COMMISSIONER MYSORE DIVISION HIGH VIEW VINOBHA ROAD MYSORE – 570 005.
3. THE DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE – 570 001.
4. SRI P SHIVANNA S/O PUTTANANJAPPA AGED 52 YEARS VILLAGE ACCOUNTANT TALUK OFFICE, NANJANGUD TALUK MYSORE DISTRICT – 571 301 R/A No.MIG 27, 2ND CROSS KHB COLONY, NANJANGUD MYSORE DISTRICT – 571 301.
…RESPONDENTS (BY SMT.M S PRATHIMA, AGA FOR R1 TO R3 SRI SATYANARAYANA.P.HEGADE, ADV. FOR R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION No.8781/2014 AT ANNEX-B DATED 24.09.2016.
THESE PETITIONS COMING ON FOR HEARING THIS DAY, DEVDAS J, DELIVERED THE FOLLOWING:
ORDER The petitioners herein have filed these writ petitions calling in question the impugned order dated 24.09.2016 passed by the Karnataka State Administrative Tribunal at Bangalore (for short ‘the Tribunal’).
2. The learned counsel for the petitioners, at the threshold would point out that in the application preferred by the respondent No.4 and many such applicants in Application No.7201 & 7202/2013 and connected matters, the petitioners herein were not arrayed as party respondents. It is submitted that since the matter pertains to inter se seniority between the parties before the Tribunal, it is incumbent upon the applicant to array the petitioners herein who would be affected, by any order passed by the Tribunal. It is therefore submitted that these petitions should be allowed only on that ground in order to enable the petitioners herein to have their say.
3. Having heard the learned counsels, this Court is convinced that the least that was required of the 4th respondent herein when he approached the Tribunal was to implead these writ petitioners herein who were affected parties, since the matter pertains to inter se seniority as between many of the employees who were similarly situated. On this ground alone, the writ petitions are allowed and the impugned order is set aside. The matter is remanded back to the Tribunal directing the 4th respondent herein to implead the petitioners and all other employees who would be affected by the order of the Tribunal, as party respondents before the Tribunal and the Tribunal may proceed after hearing all the parties. All contentions are left open. Writ petitions are accordingly allowed.
SD/- JUDGE KLY/ SD/- JUDGE