Partly allowed

M S Jagannath v. State of Karnataka

Karnataka HC15 Sept 2021WP/16593/2021

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking to quash an endorsement regarding the transfer of authorization on compassionate grounds. Relying on prior judgments and the principle of treating like cases alike, the Court granted relief.

What did the court decide?

Impugned endorsement quashed and set aside; direction to second respondent to consider application for transfer of authorization on compassionate ground within two months.

M S Jagannath Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.16593 OF 2021 (GM-PDS)

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BETWEEN:

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M. S. JAGANNATH, AGED ABOUT 45 YEARS, S/O LATE M.R.SRINIVASA MURTHY, R/AT MAKARAHALLI VILLAGE, MALUR TALUK, KOLAR DISTRICT-563 130.

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…PETITIONER

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(BY SRI. SHIVARAMU H C, ADVOCATE)

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AND:

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STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDHA, DR. B.R.AMBEDKAR VEEDHI, BENGALURU-560 001.

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THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES, KOLAR DISTRICT. KOLAR-517 247.

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…RESPONDENTS

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(BY SRI. SHRIDHAR HEGDE, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

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IMPUGNED ENDORSEMENT DATED 30.08.2021 ISSUED BY THE R2 AT ANNEXURE-B AND ETC.,

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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The subject matter of this Writ Petition is substantially

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similar to the one in W.P.No.17131/2018, disposed off by a learned Co-ordinate Judge of this Court on 8.2.2019; the operative portion of the order at para Nos.9 & 10 read as under:

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“ 9. From close scrutiny of the aforesaid paragraph, it is evident that in W.P.No.22448/2015 which was decided by an order dated 21.09.2016, it has been held that the requirement with regard to having passed SSLC and restriction of age is not applicable when the transfer of authorization is sought on compassionate ground. The aforesaid finding has admittedly attained finality and is binding on the respondents as they have not challenged the same either by filing a review petition or by filing a writ appeal. Therefore this Court finds no reason to take a different view.

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10. In the result, the impugned endorsement dated 23.03.2018 is hereby quashed and set aside and a direction is issued to respondent No.1 to take note of the application filed by the petitioner and to consider the same for transfer of the authorization on compassionate ground as expeditiously as possible, but not later than eight weeks from the date on which a copy of this order is furnished.”

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The Division Bench of this Court in W.A.Nos.932-

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933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed of on 11.12.1974, has held that the Court should treat like-cases alike and if relief is granted to a litigant, similar relief cannot be denied to other similarly circumstanced litigant as well, there being no derogatory circumstances.

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In the above circumstances, this Writ Petition succeeds; impugned endorsement at Annexure-B is quashed; second respondent is directed to consider the subject application of the petitioner for transfer of the authorization on compassionate ground within an outer limit of two months.

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No costs.

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Sd/JUDGE

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cbc

M S Jagannath v. State of Karnataka

Case brief

What is this about?

What did the court decide?

M S Jagannath v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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