Single judge of the High Court of Karnataka dismissed a writ petition challenging the Karnataka Administrative Tribunal's order allowing compassionate appointment. The court held the petition was superseded by a previous judgement affirmed by the Supreme Court.
Writ petition dismissed with no relief granted.
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WP No. 200234 of 2022
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 04TH DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 200234 OF 2022 (S-KAT)
BETWEEN:
…PETITIONER'S
Digitally signed by VIJAYKUMAR METI Location: HIGH COURT OF KARNATAKA
(BY SRI MALLIKARJUN C.BASAREDDY, HCGP)
AND:
WP No. 200234 of 2022
SIRASGI MADDI ROAD, KALABURAGI-585103.
…RESPONDENT
(BY SRI VIJAY KUMAR BAJENTRI, ADVOCATE FOR SRI PRASHANT WAJANTRI, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION TO QUASH THE ORDER PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT KALABURAGI IN APPLICATION NO.20454/2020 DATED 04.02.2021 VIDE ANNEXURE-C AND DISMISS THE APPLICATION NO.20454/2020.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ANANT RAMANATH HEGDE J., MADE THE FOLLOWING :
ORDER
The State has filed the instant writ petition challenging the order dated 04.02.2021 passed in Application No.20454/2020 by the Karnataka Administrative Tribunal (for short, ‘the KAT’). Wherein the application filed by the respondent herein is allowed vide order dated 04.02.2021 by issuing a direction which reads as under :-
"(i) The application is allowed.
WP No. 200234 of 2022
(ii) The Respondents are directed to consider the application filed by the applicant on the basis of the rules that were existed on 13.10.2011 and issued appointment order on compassionate ground within a period of three months from the date of receipt of certified copy of this order."
submit that the Division Bench of this court in Writ Petition No.204853/2018 (S-KAT) vide order dated 10.01.2019 has dismissed the petition filed by the State which answered the same question of law which is raised in the present petition.
WP No. 200234 of 2022
Petition No.15994/2019. The said Special leave petition is dismissed vide order dated 27.08.2021 in terms of the order passed in W.P.No.204843/2018 dated 10.01.2019.
Accordingly, writ petition is dismissed.
Sd/JUDGE
Sd/JUDGE
SN
1 issue framed by the court
Whether the present writ petition survives for consideration when the underlying question is covered by the order passed in Writ Petition No.204853/2018 as affirmed by the Apex Court.
THE STATE OF KARNATAKA AND OTHERS
SRI BANDAPPA HANUMANTRAYA
K.SOMASHEKAR
ANANT RAMANATH HEGDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
