IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION NO.58093/2016 (S- RES) BETWEEN:
SRI. VINOD KABADAGI, SON OF SIDDALINGAPPA, AGED ABOUT 24 YEARS, RESIDING AT No.210, SHIVAPUR, GOKAK TALUK, BELGAUM DISTRICT-591 231.
(BY SRI. SIDDHARTHA H M, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF LAW AND JUSTICE, VIDHANA SOUDHA, BENGALURU - 560 001.
2. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA-19, REP. BY CHIEF ADMINISTRATIVE OFFICER.
3. SRI. SAGAR BANDOLKAR SON OF HANUMANTHA BANDOLKAR, AGED MAJOR, NEAR MAHATHMA GANDHI SCHOOL, …PETITIONER BEHIND S.B.PAWAR’S HOUSE, GYANGABAWDI, VIJAYAPURA-577101.
... RESPONDENTS (BY SRI. SREEDHAR N HEGDE, HCGP FOR R1 & R2; SRI. P. RAJASHEKAR, ADVOCATE & SRI. R.NAVEEN KUMAR, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO THE RECRUITMENT PROCESS INITIATED VIDE NOTIFICATION DATED 28.09.2013 (ANNEXURE-A) AND ETC.
THIS WRIT PETITION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Pursuant to the order dated 19.06.2019, respondent No.2 was directed to verify whether petitioner could be accommodated as a Process Server without disturbing respondent No.3.
2. Today, the learned counsel for respondent No.2 on instructions, submitted that suggestion made by this Court on 19.06.2019 is acceptable and number of vacancies are available so as to accommodate the petitioner.
3. In view of the said submission, the petition stands disposed of directing respondent No.2 to issue necessary order of appointment to the petitioner within a period of two months from the date of receipt of this order. It is made clear that the petitioner is entitled to all service benefits which has been extended to respondent No.3 except arrears of salary and it is restricted to 50% of the salary which shall be calculated and disbursed to the petitioner within a period of eight weeks. For the reasons that for no fault of the petitioner, he has been denied appointment to the post of Process Server. Due to lapse of selecting and appointing Authority, petitioner shall not be penalized.
Accordingly, I.A.No.1/2019 filed for amendment of writ petition stands disposed of.
Sd/- JUDGE SJK