Allowed

Sri Chaluvaraju C v. the State of Karnataka

Karnataka HC10 Apr 2024WP/7472/2024

Case brief

AI extract

What is this about?

A dismissed social welfare department employee, whose earlier writ petition was withdrawn with a direction to the authority to consider his representation, again petitioned over non-compliance and unpaid salary. The Court allowed the petition, directing the authority to consider the representation per the earlier order.

What did the court decide?

Respondent No.2 directed to consider petitioner's representation and pass appropriate orders bearing in mind directions issued in W.P.No.20079/2023.

Sri Chaluvaraju C Vs the State of Karnataka — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:14586 WP No. 7472 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.7472 OF 2024 (S-RES)

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BETWEEN:

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SRI.CHALUVARAJU C S/O CHALUVAIAH AGED ABOUT 37 YEARS R/AT LAKKSANDRA KASABA OPP SRI.SIDDARAMESHWARA NILAYA 2^ND CROSS, VIDYANAGARA RAMANAGARA TALUK RAMANAGARA DIST – 562159

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…PETITIONER

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(BY SRI. AJAY PRABHU M, ADVOCATE)

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AND:

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT M S BUILDING AMBEDKAR VEEDHI BENGALURU – 560001

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THE DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT RAMANAGARA DISTRICT RAMANAGARA - 562 159

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…RESPONDENTS

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(BY SMT.B.SUKANYA BALIGA, AGA)

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2 - NC: 2024:KHC:14586 WP No. 7472 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT FOR CONTINUATION OF SERVICE OF PETITIONER IN RESPONDENT OFFICE IN TERMS OF DIRECTION OF THIS HONBLE COURT IN WP NO.20079/2023 ANNX-D AND FURTHER PETITIONER IS SEEKING FOR DIRECTION TO RESPONDENTS FOR PAYMENT OF DUE SALARY OF PETITIONER FROM THE MONTH OF AUGUST, 2023 BY CONSIDERING THE REPRESENTATION DTD 20.10.2023, 24.11.2023 AND 01.01.2024 AS PER ANNEXURE-A, A1, AND A2 AND ETC.

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

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ORDER

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The captioned writ petition is filed by the petitioner feeling aggrieved by inaction of respondents in not considering the representation submitted by the petitioner pursuant to the directions issued by this Court in W.P.No.20079/2023.

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On examining the records, it is evident that

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petitioner assailing order of dismissal filed a writ petition before this Court. Simultaneously, representation was

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3 - NC: 2024:KHC:14586 WP No. 7472 of 2024

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submitted by the petitioner. It is, in this background, the petitioner sought to withdraw the writ petition seeking liberty to pursue his representation pending consideration before the Authority.

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In the light of the submission made by the learned counsel appearing for the petitioner, this Court dismissed the writ petition as withdrawn and a direction was issued to respondent No.2 to consider the representation and pass appropriate orders in accordance with law. This order is dated 25.09.2023.

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This is a clear case of inaction on the part of respondent No.2 in not complying the direction issued by this Court. On account of complete laxness on the part of respondent No.2, the petitioner is again compelled to knock the doors of this Court. The conduct of the authority in disregarding the explicit directives of the court constitutes a grave violation of the rule of law and undermines the fundamental principles of justice and

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NC: 2024:KHC:14586 WP No. 7472 of 2024

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fairness. The Court, as the highest arbiter of legal disputes, issued clear and specific instructions directing the authority to consider the petitioner's representation. The authority's failure to adhere to the court's directives demonstrates a blatant disregard for the legal process and undermines the authority of the judiciary. Therefore, it is imperative for the authorities to accord due respect to court orders and diligently implement the directions therein, thereby upholding the rule of law and ensuring the protection of individual rights and interests.

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For the foregoing reasons, this Court proceeds

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to pass the following;

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ORDER

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(i) The writ petition is allowed.

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(ii) Respondent No.2 is hereby directed to consider the representation submitted by the petitioner and pass appropriate orders bearing in mind the

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5 - NC: 2024:KHC:14586 WP No. 7472 of 2024

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directions issued by this Court in W.P.No.20079/2023.

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(iii) Pending applications, if any, are also disposed off.

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Sd/JUDGE

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NBM

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List No.: 1 Sl No.: 4

Sri Chaluvaraju C v. the State of Karnataka

Case brief

What is this about?

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Sri Chaluvaraju C v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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