Dismissed

Sri Devaraju Arasu v. the Under Secretary to the Government

Karnataka HC1 Aug 2024WP/5019/2024

Case brief

AI extract

What is this about?

A public interest litigation challenged the endorsement dated 02.01.2024 refusing action against authorities who regularised services of contract employees of the Institute of Animal Health and Veterinary Biologicals. The court held the regularisation followed a prior court direction in contempt proceedings, found the PIL to be a misuse of process by a busybody, and dismissed the petition.

What the court decided

AI extract

Sri Devaraju Arasu Vs the Under Secretary to the… — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:30780-DB WP No. 5019 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF AUGUST, 2024 PRESENT

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THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE K V ARAVIND

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WRIT PETITION NO. 5019 OF 2024 (GM-RES) PIL

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BETWEEN :

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SRI DEVARAJU ARASU S/O SRI. NARAYANA ARAS AGED ABOUT 53 YEARS R/AT ALAMBAGIRI NILAYA 5^TH CROSS SHAMBULINGESHWARA LAYOUT CHOLANAYAKANAHALLI R T NAGAR BENGALURU - 560 032

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…PETITIONER

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Digitally signed by AMBIKA H B

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Location: High Court of Karnataka

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(BY SRI. SATHEESHA K N, ADVOCATE)

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AND :

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THE UNDER SECRETARY TO THE GOVERNMENT DEPARTMENT OF KARNATAKA VETERINARY ANIMAL AND FISHERIES DEPARTMENT 4^TH FLOOR, VIKASA SOUDHA BENGALURU - 560 001

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THE COMMISSIONER KARNATAKA VETERINARY ANIMAL AND FISHERIES SCIENCES UNIVERSITY PASHUPALANA BHAVAN

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2 - NC: 2024:KHC:30780-DB WP No. 5019 of 2024

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HEBBAL

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BENGALURU – 560 024

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THE VICE CHANCELLOR KARNATAKA VETERINARY ANIMAL AND FISHERIES SCIENCES UNIVERSITY NANDI NAGAR P B NO.6, BIDAR - 585 401 KARNATAKA

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THE REGISTRAR KARNATAKA VETERINARY ANIMAL AND FISHERIES SCIENCES UNIVERSITY NANDI NAGAR P B NO.6, BIDAR - 585 401 KARNATAKA

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THE DEAN VETERINARY COLLEGE HEBBAL BENGALURU - 560 024 KARNATAKA

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THE DIRECTOR THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. R NARAYANA S/O N RAMAIAH MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. M SRIRAMAIAH S/O MUNIYAPPA MAJOR

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3 - NC: 2024:KHC:30780-DB WP No. 5019 of 2024

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WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. SOMASHEKARA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SMT. HEMAVATHI W/O LATE L SHANKARALINGE GOWDA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. N MUKUNDA S/O H M NARAYANAPPA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. NISSAR AHMED S/O M D FACKRODDIN MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. K K RAMAKRISHNA S/O KRISHNAIAH MAJOR

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WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. G LAKSHMINARAYANA S/O MUNIYAPPA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. H N RAMESH S/O NINGE GOWDA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. H SIDDAGANGAPPA S/O HANUMANTHAPPA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. WALLI HAZRATH S/O MOHAMMED KHALEEL MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. M SURESH S/O J MADAIAH

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MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. P KUMAR S/O PUTTAGANGAPPA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SMT. BHAGYAMMA D/O MUNIVENKATAPPA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. SANJEEVAPPA S/O LATE MUTTAPPA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. M KUMAR S/O KRISHNAMMA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. M SRINIVASA S/O LATE MUNIYAPPA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. SRINIVASAMURTHY S/O MUNIYAPPA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. C SHIVAKUMAR S/O CHANNAVEERAIAH MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. M RAJU S/O MUNIHUCHAPPA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. SHIVEGOWDA S/O CHIKKEGOWDA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD)

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HEBBAL BENGALURU - 560 024

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SRI. KARI GOWDA S/O KARIYAPPA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. B ANANDA S/O BYLAPPA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. B MURTHY S/O BALU MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. THIMMARAJ S/O LATE H MUNIRAJ MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SMT. S DEVAMMA D/O SONNAPPA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY

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BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. K SRIDHAR S/O LATE S THIMMAKRISHNA RAO MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. T RAMESH S/O THIMMAIAH MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SYED FAIQ MUDASAR ULLA S/O SYED HABEEBULLA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024 36. SRI. C THIMMEGOWDA S/O CHANNAPPA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024 37. SRI. V MANAGALAGOWRAMMA D/O T VENKATAPPA MAJOR WORKING AT THE INSTITUTE OF

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9 - NC: 2024:KHC:30780-DB WP No. 5019 of 2024

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ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. K VIJAYAKUMAR S/O KALLAPPA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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MRS. KAMALA W/O H M SRINIVASAIAH MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. R VENUGOPALA S/O N RAMAIAH MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. R JAGADEESHA S/O RAMAIAH MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. G SRINIVAS S/O GOVINDAIAH MAJOR

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WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. N M VENUGOPAL S/O MUNIKRISHNAPPA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SMT. RATHNAMMA W/O NARASAIAH MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024 45. SRI. M BYREGOWDA S/O LATE MUNISWAMY MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. N MANJUNATHA S/O NARAYANAPPA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. KRISHNAMMA D/O PILLAPPA

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MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SMT. SAVITHRAMMA D/O NIGAMMA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. MUNIRAJ FATHER NAME NOT KNOWN MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SMT. SWARNA KUMARI D/O LATE NARAYANA MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. KEMPEGOWDA FATHER NAME NOT KNOWN MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD) HEBBAL BENGALURU - 560 024

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SRI. C G VENKATESH FATHER NAME NOT KNOWN MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD.) HEBBAL, BENGALURU – 560 024

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SRI. B R RAMAKRISHNA FATHER NAME NOT KNOWN MAJOR WORKING AT THE INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS (REGD.) HEBBAL BENGALURU – 560 024

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…RESPONDENTS

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(SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 5)

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THE WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES, 2018 PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ENDORSEMENT DATED 02.01.2024 ISSUED BY 1^ST RESPONDENT, PRODUCED AS ANNEXURE-A AS THE SAID ENDORSEMENT ISSUED BY THE UNDER SECRETARY TO THE GOVERNMENT, DEPARTMENT OF KARNATAKA VETERINARY ANIMAL & FISHERIES DEPARTMENT IS ILELGAL, UNJUST, ARBITRARY AND A CLEAR CASE OF FAILURE TO EXERCISE THE JURISDICITION VESTED IN THE AUTHORITIES WHO ARE REQUIRED TO TAKE ACTION ON THE ENQUIRY REPORT SUBMITTED BY THE CONCERNED OFFICERS AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K V ARAVIND

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ORAL ORDER

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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Heard learned advocate Mr. K.N. Sateesha for the petitioner

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and learned Additional Government Advocate Ms. Niloufer Akbar

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for respondent Nos.1 to 5, who appeared upon service of copy of the petition in advance.

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Claiming to be a Right to Information activist and further claiming that no personal interest is involved, the petitioner, one named Sri Devaraju Arasu has filed the present petition in the nature of public interest litigation in which prayer is advanced to set aside the endorsement/order dated 02.01.2024 passed by respondent No.1–the Under Secretary to the Government, Veterinary Animal and Fisheries Department.

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2.1 Further prayer is made to direct respondent Nos.1 to 5 to take action against respondent No.6 who is the Director of Institute of Animal Health and Veterinary Biologicals on the ground that the

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said authorities had illegally regularised the services of private respondent Nos.7 to 53.

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2.2 The petitioner wants Departmental Enquiry to be instituted against the said officers and further seeks direction against respondent Nos.1 to 6-authorities to terminate the services of respondent Nos.7 to 13 whose services are regularised.

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2.3 Thus, the basic grievance of the petitioner is about regularisation of the services of respondent Nos.7 to 53 by the respondent-authorities.

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The facts in the background are that respondent Nos.7 to 53 were employed on contract basis since July 2004 under respondent No.6-Institute of Animal Health and Veterinary. The said respondents along with others filed Writ Petition Nos.1762117670 of 2003 seeking regularisation which was disposed of by the order dated 23.07.2004. The court directed the respondents to consider the representations of the said employees. Individual representations were submitted by the employees. On 26.10.2004, respondent No.6 rejected the representations.

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3.1 While disposing of Writ Petition Nos.17621-17670 of 2003, following order was passed by the Court requiring the case of the petitioners to be considered in light of the Hon’ble Supreme Court’s decision,

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“All the petitioners are directed to submit the applications giving requisite particulars to the respondents within 30 days from today. On such applications being filed, respondents1 and 2 shall consider the said applications in accordance with law and on merits keeping in mind the law on the point, in particulars, the judgment of the Supreme court in GUJARAT AGRICULTURAL UNIVERSITY VS. RATHOD LABHU BECHAR reported in 2001 (3) SCC 574 within three months from the date of receipt of the applications. Writ Petitions disposed of.”

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3.2 It appears that at that time, Civil Appeal Nos.1861-2063 of 2001 were pending before the Supreme Court. Subsequently, the contempt application was filed and pursuant to the order of the Court requiring the compliance from the authorities, 52 contract employees were regularilised in service. The above facts are stated in the impugned endorsement dated 02.01.2024 as well as are part of the pleadings of the petition.

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Thus, regularisation of the private respondents is based on the order passed in the contempt proceedings. They are litigated for seeking the relief of regularisation.

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The petitioner appears to be a busybody. The public interest litigation smacks to be with an oblique motive. The mere allegation is that the regularisation was illegal, which has no factual foundation. On the contrary, it was pursuant to the Court’s order that the regularisation was effected. The public interest petition is

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misuse of the process of law. The same is hereby dismissed.

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Sd/(N. V. ANJARIA) CHIEF JUSTICE

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Sd/(K V ARAVIND) JUDGE

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AHB List No.: 1 Sl No.: 5

Sri Devaraju Arasu v. the Under Secretary to the Government

Case brief

What is this about?

What the court decided

Sri Devaraju Arasu v. the Under Secretary to the Government

Case brief

What is this about?

What the court decided

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