IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NOS.46844-46857 OF 2013 (S-KAT) BETWEEN:
1. SRI SURESH P S SON OF.SHARANAPPA, AGED ABOUT 36 YEARS, INSPECTOR OF EXCISE, O/O. DEPUTY SUPERINTENDENT OF EXCISE, ANEKAL SUB-DIVISION, SURYANAGAR, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562 106.
2. SRI RAGHUNATHA V SON OF.SRI.VENKAT REDDY, AGED ABOUT 45 YEARS, WORKING AS EXCISE INSPECTOR, O/O THE SUPERINTENDENT OF EXCISE, VIJAYANAGAR EIB, K.R.CIRCLE, BENGALURU-560 001.
3. SRI AKASH DEEP D SON OF. SRI. DEVENDRAPPA H, AGED ABOUT 34 YEARS, WORKING AS INSPECTOR OF EXCISE, GOVINDARAJNAGAR, 22ND CROSS, BENGALURU-560 070.
4. SRI ASHOK H J SON OF.SRI.JAYAPPA H, AGED ABOUT 36 YEARS, WORKING AS INSPECTOR OF EXCISE, O/O. THE DEPUTY SUPERINTENDENT OF EXCISE, DAVANGERE SUB-DIVISION, NIJALINGAPPA LAYOUT, DAVANGERE-577 001.
5. SRI SHIVAPPA H S SON OF.SRI.SANNAIAH, AGED ABOUT 39 YEARS, WORKING AS DEPUTY SUPERINTENDENT OF EXCISE, TUMAKURU DISTRICT, TUMAKURU-572101.
6. SRI RAGHU M H SON OF.LATE HALAPPA, AGED ABOUT 34 YEARS, WORKING AS SUB-INSPECTOR OF EXCISE, O/O. INSPECTOR OF EXCISE, AUDUGODI RANGE, POORNIMA BUILIDING, J.C.ROAD, BENGALURU-560001.
7. SRI VIKRAM L B SON OF.SRI.LAKSHMINARAYANARAO, AGED ABOUT 35 YEARS, WORKING AS INSPECTOR OF EXCISE, O/O. DEPUTY COMMISSIONER OF EXCISE, KUVEMPUNAGAR, MYSURU-570 001.
8. SRI SIDDALINGA SWAMY K C SON OF K.R CHANDRASHEKARAIAH, AGED ABOUT 37 YEARS, WORKING AS INSPECTOR OF EXCISE, TUMAKURU RANGE, TUMAKURU-572101.
9. SRI DHARANI KUMAR S SON OF SIDDARAME GOWDA K, AGED ABOUT 38 YEARS, WORKING AS INSPECTOR OF EXCISE, HUNSUR RANGE, HUNSUR-571105.
10. SRI UMASHANKAR B SON OF LATE BASAPPA, AGED ABOUT 35 YEARS, WORKING AS INSPECTOR OF EXCISE, O/O.THE DEPUTY COMMISSIONER OF EXCISE, DAVANGERE POST, DAVANGERE-572 101.
11. SRI MURUDESH S R SON OF SANNA RANGAPPA T AGED ABOUT 39 YEARS, WORKING AS INSPECTOR OF EXCISE, HONNALI RANGE, DAVANGERE DISTRICT-577 217.
12. SMT. JAYAPRADHA N.R DAUGHTER OF N.T RAMA REDDY, AGED ABOUT 32 YEARS, WORKING AS INSPECTOR OF EXCISE, CHITRADURGA RANGE, CHITRADURGA-577 501.
13. SMT. DIVYA SHREE B H DAUGHTER OF. HANUMANTHAPPA, AGED ABOUT 32 YEARS, WORKING AS INSPECTOR OF EXCISE, O/O.SUPERINTENDENT OF EXCISE, JAYANAGAR EIB, K.R.C. CIRCLE, BENGALURU-560 001.
14. SRI KRISHNE GOWDA SON OF.LATE VENKATEGOWDA, AGED ABOUT 55 YEARS, WORKING AS INSPECTOR OF EXCISE, O/O.DEPUTY COMMISSIONER OF EXCISE, BTM LAYOUT RANGE, BENGALURU-560 027.
... PETITIONERS (BY SRI. VIJAYA KUMAR V.B. FOR M/S. B.B.BAJENTRI & ASSOCIATES, ADVOCATES) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE COMMISSIONER OF EXCISE GOVERNMENT OF KARNATAKA, 2nd FLOOR, VAKKALIGARA BHAVAN, K.R.CIRCLE, BENGALURU-560 002.
3. SRI K V DINAKAR INSPECTOR OF EXCISE, STATE ENFORCEMENT AND INVESTIGATION BUREAU, O/O.JOINT COMMISSIONER OF EXCISE, NEW PUBLIC OFFICE BUILDINGS, K.R.CIRCLE, BENGALURU-560 002.
4. SRI C K MAHENDRA DEPUTY SUPERINTENDENT OF EXCISE, KOLAR SUB-DIVISION, MAJOR, ABAKARI BHAVAN, D C OFFICE COMPOUND, KOLAR-563 101.
5. SRI RANGEGOWDA L RETIRED INSPECTOR OF EXCISE, DR.LOHIYA ROAD, MAJOR, VIDYANAGAR, HASSAN-573 201.
6. MOHINUDDIN DEPUTY SUPERINTENDENT OF EXCISE, CHITTAPUR SUB DIVISION, NEAR BUS DEPOT, MALAKHED ROAD, CHITTAPUR, GULBARGA DISTRICT-585 211.
7. SRI BASAVARAJ N GADDI, DEPUTY SUPERINTENDENT OF EXCISE, O/O.THE DEPUTY COMMISSIONER OF EXCISE, ABAKARI BHAVAN, OPP. MINI VIDHANA SOUDHA, GULBARGA-585 101.
8. SMT. RAJAMMA P, INSPECTOR OF EXCISE (RETD), # 763, BANNIMANTAP, "B" LAYOUT, S S NAGAR, MYSURU-15.
9. SRI NIMBANNA KAMAGONDA DEPUTY SUPERINTENDENT OF EXCISE, O/O. DEPUTY COMMISSIONER OF EXCISE, ABAKARI BHAVAN, NEAR FIRE OFFICE, BIDAR, BIDAR DISTRICT-585 401.
10. MOHD ISMAIL INAMDAR, DEPUTY SUPERINTENDENT OF EXCISE, SHAHAPUR SUB-DIVISION, GULBARGA ROAD, SHAHAPUR, YADAGIR DISTRICT – 585 223.
11. AMANULLA KHAN A, DEPUTY SUPERINTENDENT OF EXCISE, O/O THE COMMISSIONER OF EXCISE, 2ND FLOOR, VOKKALIGARA BHAVAN, K.R.CIRCLE, BENGALURU-560 001 12. SMT. SHOBHA K INSPECTOR OF EXCISE, O/O.THE DEPUTY SUPERINTENDENT OF EXCISE, MANGALORE SUB-DIVISION-II, ABAKARI BHAVAN, MERRY HILL, KONCHADI POST, MANGALURU - 575 008.
13. SRI MANJEGOWDA H, DEPUTY SUPERINTENDENT OF EXCISE, MUDIGERE SUB-DIVISION, NEAR WATER TANK, MUDIGERE, CHIKKAMAGALUR DISTRICT – 577 132.
14. SRI VIRUPAKSHA H G, DEPUTY SUPERINTENDENT OF EXCISE, 3RD FLOOR, PODIUM BLOCK, V V TOWER, DR.AMBEDKAR VEEDHI, BENGALURU-560 001.
15. SRI NAGENDRA SINGH B N, SUB-INSPECTOR OF EXCISE, O/O.THE INSPECTOR OF EXCISE, GOWRIBIDANUR RANGE, GOWRIBIDANUR, CHIKKABALLAPURA DISTRICT-562 107.
16. SRI SURESH KUMAR, DEPUTY SUPERINTENDENT OF EXCISE, KHODEY DISTILLERY RCA, NEAR CITY RAILWAY STATION, KHODEY CIRCLE, BENGALURU-560 019.
17. SRI NATARAJ M DEPUTY SUPERINTENDENT OF EXCISE, HOSAKOTE SUB DIVISION, NAVIN BUILDING, KANNURAHALLI ROAD, NEAR KANAKA CIRCLE, HOSSAKOTE, BENGALURU RURAL DISTRICT – 562 114.
18. SRI CHANDRAPPA L M DEPUTY SUPERINTENDENT OF EXCISE, KGF SUB-DIVISION, PARANDAHALLI ROAD, NEAR JAIN CREMATORIUM, KGF TOWN, BANGARPET TALUK, KOLAR DISTRICT – 563 101.
19. SRI THIPPESWAMY D N DEPUTY SUPERINTENDENT OF EXCISE, TIPATUR SUB-DIVISION, GANGADHARAPAP COMPOUND, NEXT TO SBM, RAILWAY STATION ROAD, TIPATUR, TUMAKURU DISTRICT – 572 201.
20. SRI MAHADEVA M DEPUTY SUPERINTENDENT OF EXCISE, CHIKKAMAGALUR SUB DIVISION, D C EXCISE OFFICE COMPOUND, K M ROAD, CHIKKAMAGALORE – 577 101.
21. SRI VINOD KUMAR DEPUTY SUPERINTENDENT OF EXCISE, UDUPI SUB DIVISION, ABAKARI BHAVAN, AJJARKODU, UDUPI, UDUPI DISTRICT – 576 101.
22. SRI ANIL KUMAR DEPUTY SUPERINTENDENT OF EXCISE, O/O. DEPUTY COMMISSIONER OF EXCISE, SHIKHAR KHANA, BEHIND GOLGUMBAZ, BIJAPUR, BIJAPUR DISTRICT – 586 101.
23. SRI THAMANNA K M DEPUTY SUPERINTENDENT OF EXCISE, MYSURU SUB DIVISION, NAZARABAD, NEAR MINI VIDHANA SOUDHA, MYSURU – 570 001.
24. SRI KRISHNA SWAMY INSPECTOR OF EXCISE, O/O.DEPUTY SUPERINTENDENT OF EXCISE, HIRIYUR SUB-DIVISION, KENGENDYAPPA BUILDING, BABBUR ROAD, VEDANTHANAGAR, HIRIYUR, CHITRADURGA DISTRICT – 577 501.
25. SRI RAMESH G C INSPECTOR OF EXCISE, O/O.THE INSPECTOR OF EXCISE, NAGAMANGALA RANGE, NAGAMANGALA, MANDYA DISTRICT – 571 432.
26. SRI NATARAJ M INSPECTOR OF EXCISE, O/O.INSPECTOR OF EXCISE, CHINTAMANI RANGE, CHIKKABALLAPURA DISTRICT – 563 125.
... RESPONDENTS (BY SRI I. THARANATH POOJARY, AGA FOR R1 & R2; SRI JAVID HUSSAIN & SRI M.SRINIVAS KUMAR, ADVOCATES FOR R4, R16, R17, R23 to R26;
SRI VIGHNESWAR S.SHASTRI,ADVOCATE FOR R13& R21; R3, R5, R6, R7, R8, R9, R10, R11, R12, R14, R15, R18, R19, R20 & R22 ARE SERVED&UNREPRESENTED) *********** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL,DATED 07.01.2010 IN APPLICATION NO.5230 OF 2007 VIDE ANNEXURE-A AND ALLOW THE APPLICATION AS PRAYED FOR IN SO FAR AS THE FREEZING OF THE 26 DIRECT RECRUITMENT VACANCIES IN THE CADRE OF SUB- INSPECTOR OF EXCISE IS CONCERNED; TO REVIEW THE PROMOTION GRANTED TO RESPONDENT NOS. 3 TO 26 ETC. ETC.
THESE WRIT PETITIONS COMING ON FOR FINAL HEARING, THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
O R D E R Aggrieved by the order passed by the Tribunal dated 07.01.2010 in Application No. 5230 of 2007, the applicants therein have filed these writ petitions.
2. Learned counsel for the respondents has placed on record a copy of the Order dated 28.02.2012 passed in Writ Petition Nos.6658-6662 of 2010 and 8979- 9068 of 2010. These writ petitions were filed aggrieved by the common order which is impugned herein with reference to application No.5230 of 2007. The petitions were disposed off keeping in view the observations made in para 16 of the impugned order. However, liberty was granted to the petitioners to take appropriate remedy if they were denied promotion, in terms of para 3 therein, which reads as follows:
“ 3. Keeping the aforesaid observations in view, we dispose of these writ petitions with liberty to the petitioners to take appropriate remedy if they are denied promotion, as they being direct recruits.”
3. Therefore, we are of the view that it is inappropriate for this Court to grant a different relief than which is already granted by a Co-ordinate Bench of this Court against the very same impugned order. Hence, these petitions too are disposed off in terms of the order dated 28.02.2012, passed in Writ Petition Nos.6658-6662 of 2010 and 8979-9068 of 2010.
Rule discharged.
Sd/- Sd/-
JUDGE JUDGE sac*