Petitioner challenged termination of employment as Library Supervisor, claiming no notice was issued and seeking injunction against appointing another candidate. Court considered merits in light of twelve years of inaction and appointment of a specially abled incumbent.
None granted; petition disposed of.
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NC: 2024:KHC:24780 WP No. 20452 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 20452 OF 2013 (S-RES)
BETWEEN:
SRI B R PUTTARAJU S/O RAMAIAH AGED ABOUT 27 YEARS
LIBRARY SUPERVISOR BALAGANJI GRAMA PANCHAYATH BALAGANJI POST CHANNARAYANAPATNA TALUK HASSAN DISTRICT-573201
…PETITIONER
(BY SRI. NARAYAN MAYYAR, ADVOCATE)
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
AND:
DISTRICT CENTRAL LIBRARY HASSAN
HASSAN DISTRICT-573201
PUBLIC LIBRARY DEPARTMENT V V TOWER
BANGALORE-560001
NC: 2024:KHC:24780 WP No. 20452 of 2013
GRAMA PANCHAYATH
BALAGANJI POST CHANNARAYANAPATNA TALUK
HASSAN DISTRICT-573201
MISS TULASI B.S. 4. SUPERVISOR OF GRAMA PANCHAYATH BALAGANJI CHINNARAYANAPATNA TALUK HASSAN DISTRICT
…RESPONDENTS
(BY SRI. GOPALA KRISHNA SOODI, AGA FOR R1 AND R2; SRI. KANDEKAR MANJUNATH G., ADVOCATE FOR R4;
R3 SERVED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO TERMINATE THE PETITIONER FROM SERVICE, AND FURTHER DIRECT NOT TO APPOINT ANY 3RD PARTY TO THE POST OF LIBRARY SUPERVISOR BALAGANJI GRAMA PANCHAYATH, BY EXERCISING THE POWER OF WRIT OF MANDAMUS.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:24780 WP No. 20452 of 2013
ORDER
The petitioner was selected as a Library
Supervisor with the third respondent, but in the month of September 2012, fresh applications are invited and the fourth respondent is appointed. It is asserted on behalf of the fourth respondent that she is specially abled and has continued to discharge the work of Library Supervisor with the third respondent in all these twelve years.
Sri. Narayan Mayyar, the learned counsel for the petitioner, submits that the only reason for the petitioner's displacement with the fourth respondent’s appointment is because of the petitioner's alleged unauthorized absence but he is able to place on record the circumstances to justify that he was, during the relevant time, suffering from dengue and was advised by doctors to take bed rest. As regards the legal contention, the learned counsel for the petitioner submits that the third respondent
NC: 2024:KHC:24780 WP No. 20452 of 2013
could not have dispensed with the petitioner's services without even issuing a notice.
The merits of the submissions, as they are, must be considered in the light of what has prevailed in all these years without any intervention in favour of the petitioner and that the fourth respondent, who is specially abled, is working and at this stage, to displace her would be visiting her with difficulties. This Court must opine that there could be some force in the contentions advanced on behalf of the petitioner given the lapse of time, and in the peculiar circumstances, indulgence cannot be extended.
Hence, the petition stands disposed of
accordingly.
Sd/JUDGE
RB
2 issues framed by the court
Whether the petitioner be directed not to terminate services and to prevent appointment of a new third party.
Whether dispensation with services without notice be justified given the delay and peculiar circumstances.
1 provisions across 1 enactments
Sri B R Puttaraju S/o Ramiah
Chief Librarian, District Central Library Hassan
Director, Public Library Department
President, Grama Panchayath Balagangi
Miss Tulasi B.S.
B M Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
