This High Court disposed of a writ petition seeking directions to the Deputy Commissioner to consider the petitioner's representation for absorption in the Huliyaru Town Panchayath following its upgrade from a Grama Panchayath.
Orders the second respondent to consider the petitioner's representation dated 09.12.2022 and decide within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 1182 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 1182 OF 2023 (S-RES)
BETWEEN:
MISS D MANJULA D/O LATE K DURGAIAH AGED ABOUT 42 YEARS PRESENTLY WORKING AS JUNIOR WATER SUPPLIER HULIYARU TOWN PANCHAYATH CHIKKANAYAKANAHALLI TALUK TUMKUR DISTRICT -572218.
…PETITIONER
(BY SRI. BASAVARAJA PATEL G K.,ADVOCATE)
AND:
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
WP No. 1182 of 2023
9TH FLOOR V V TOWER BENGALURU -560 001.
…RESPONDENTS
(BY SRI.M.S. NAGARAJA., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTIONS TO THE R2 TO CONSIDER THE REPRESENTATION DATED 9.12.2022 VIDE ANNEXURED AND ABSORBED THE PETITIONER SERVICES IN THE HULIYAR TOWN PANCHAYATH WITHOUT FURTHER LOSS OF TIME.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner, who was working as ‘Junior Water Supplier’ with the Huliyaru Town Panchayath, has filed this petition, for directions to the Deputy Commissioner, Tumakuru District [ the second respondent ] to consider her representation dated 09.12.2022 [Annexure-D]. Sri Basavaraja Patel G K, the learned counsel for the petitioner, and Sri. M S Nagaraja, the learned Additional Government Advocate for the respondents, are heard for final disposal.
WP No. 1182 of 2023
2. The petitioner’s case is that she is
appointed as ‘Junior Water Supplier’ with the Huliyaru Grama Panchayath pursuant to appropriate Resolution by the Grama Panchayath on 07.06.2011 and another Sri. M Raghavendra is also accordingly appointed on 24.10.2011. The Huliyaru Grama Panchayath is upgraded as the Huliyaru Town Panchayath in the year 2018 and consequentially, about seventeen employees on the roles of the Huliyaru Grama Panchayath are absorbed including Sri. M Raghavendra but the petitioner is denied such benefit. She would also be entitled to absorption.
working against sanctioned posts have been absorbed and there is no order insofar as the petitioner
because she was not working as against a
‘sanctioned’ post.
WP No. 1182 of 2023
decide on the representation as aforesaid within four
[4] months from the date of receipt of representation.
Sd/JUDGE
AN/-
1 issue framed by the court
Whether the petitioner working as Junior Water Supplier is entitled to absorption after the upgrade of the Panchayat to Town Panchayat.
2 provisions across 1 enactments
Miss D Manjula
The State of Karnataka
The Deputy Commissioner, Tumakuru District
The Director, Directorate of Municipal Administration
B M Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
