IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.303 OF 2018 (S-RES) BETWEEN:
SMT. SUCHITHRA P.J W/O LATE LOLAKSHA AGED 28 YEARS OCC:DATA ENTRY OPERATOR KOLTHIGE GRAMA PANCHAYATH PUTTUR TALUK R/AT KALPADA POLAJE HOUSE KODIYALA VILLAGE & POST BELLARE HOBLI, SULLIA TALUK D.K DISTRICT-574 212 … PETITIONER (BY SHRI. V.R. PRASANNA, ADVOCATE) AND:
1. D.K. ZILLA PANCHAYATH REP. BY ITS CHIEF EXECUTIVE OFFICER MANGALURU D.K.DISTRICT-575 001 2. KOLTHIGE GRAMA PANCHAYATH REP. BY ITS PANCHAYATH DEVELOPMET OFFICER, KOLTHIGE VILLAGE PERLAMPADI POST PUTTUR TALUK D.K DISTRICT-574 212 3. SRI. SUNIL H.T. MAJOR OCC:PANCHAYATH DEVELOPMENT OFFICER KOLTHIGE GRAMA PANCHAYATH KOLTHIGE VILLAGE PERLAMPADI POST, PUTTUR TALUK D.K DISTRICT-574 212 4. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPT. OF RURAL DEVELOPMENT & PANCHAYATH RAJ M.S.BUILDING BENGALURU-560 001 ... RESPONDENTS (BY SHRI. M.V. RAMESH JOIS, AGA FOR R-4;
SHRI. D. KRISHNAMOORTHY, ADVOCATE FOR R-2 & R-3; R1-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 GRAMA PANCHAYATH TO FORWARD THE PROPOSAL FOR APPOINTMENT OF PETITIONER ON COMPASSIONATE GROUND PURSUANT TO THE RESOLUTION DATED 28.11.2017 IN NO.11/2017-18, VIDE ANNX-A, BASED ON THE APPLICATION DATED 30.11.2015 FILED BY HER, VIDE ANNX-B SEEKING APPOINTMENT ON COMPASSIONATE GROUND AS PROVIDED BY THE R-4 STATE GOVT. IN ITS CIRCULAR DATED 05.09.2017 VIDE ANNX-C AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Shri V.R.Prasanna, learned advocate for the petitioner submits that petitioner has been appointed as peon on compassionate ground by Kolthige Grama Panchayath in Puttur Taluk. But the proposal has not been sent to the Zilla Panchayath. Therefore, petitioner has filed this petition seeking direction to Grama Panchayath to forward her proposal to Zilla Panchayath.
2. Shri D. Krishnamoorthy, learned advocate for respondent No.2 – Grama Panchayath submits that petitioner has not been appointed. However, a resolution dated 28.11.2017 was passed. But, petitioner has not furnished required documents. Therefore, proposal could not be sent to the Zilla Panchayath. He further submits that if, petitioner furnishes all required documents, the same will be forwarded to the Zilla Panchayath for its consideration.
3. Learned advocate for petitioner submits that petitioner has already submitted a set of documents. However, she shall furnish one more set of documents to the Grama Panchayath.
4. If petitioner submits one more set of documents, the Grama Panchayath, shall forward the same to the Zilla Panchayath for its consideration within two weeks from the date of receipt of such documents.
5. Petition is accordingly disposed of.
6. In view of disposal of the petition, I.A.No.1/2019 for impleading is dismissed as having become unnecessary and I.A.No.2/2019 for vacating stay does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV