Mr Godwin Santhosh D Souza Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

Mr Godwin Santhosh D Souza Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:50835 WP No. 24888 of 2018

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 24888 OF 2018 (S-RES)

BETWEEN:

MR GODWIN SANTHOSH D'SOUZA

AGED 19 YEARS,

SON OF GABRIEL D SOUZA

C/O SOPHIA NAZARETH

HOSANNA VILLA

PERMUDE POST

MANGALURU TALUK-574509

…PETITIONER

Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA

(BY SRI. VENKATESH SOMAREDDY, ADV.)

AND:

THE STATE OF KARNATAKA

REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA

BENGALURU-1

DEPUTY COMMISSIONER

DAKSHINA KANNADA DISTRICT MANGALURU-575001

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NC: 2025:KHC:50835 WP No. 24888 of 2018

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MANGALURU SPECIAL ECONOMIC ZONE LTD 3RD FLOOR, MUDA BUILDING, URVA STORES MANGALURU-575006 REPRESENTED BY ITS MANAGING DIRECTOR AND CHIEF EXECUTIVE OFFICER-575006

MANGALURU REFINERY & PETRO CHEMICAL LTD PSOT: KUTHETHUR, VIA KATIPALLA MANGALURU TALUK-575030 REPRESENTED BY ITS MANAGING DIRECTOR

INDIAN STRATEGIC PETROLEUM RESERVE LTD KALAVARU PADAVU POST AND VILALGE: KALAVARU VIA BAJPE, MANGALURU-574142 REPRESENTED BY ITS MANAGING DIRECTOR

…RESPONDENTS

(BY SRI. B.J.ESHWARAPPA, AGA FOR R1 & R2, SRI. P.D.VISHWANATH, ADV. FOR R3, SRI. RAYAPPA Y. HADAGALI, ADV. FOR R4, SRI. VIJAYKRISHNA BHAT, ADV. FOR R3 R5 - SERVED)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.3 TO PROVIDE EMPLOYMENT TO THE

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PETITIONER EITHER IN M.R.P.L., OR O.M.P.L., OR I.S.P.R.L., AND EXTEND ALL THE RELIEFS TO THE PETITIONER UNDER THE REHABILITATION PACKAGE AS PER GOVERNMENT NOTIFICATION NO. RD 116/REH 2011 BENGALURU DATED 2ND DECEMBER, 2011 WHICH IS PRODUCED AT ANNEXUREA;DIRECT THE RESPONDENT NO.3 TO PAY THE PETITIONER THE SUBSISTENCE ALLOWANCE/STIPEND FOR THE PERIOD OF UNEMPLOYMENT (I.E., FROM FEBRUARY, 2017 TILL HE IS PROVIDED WITH JOB BY RESPONDENT NO.3) AT THE RATE OF RS.15,000/- PER MONTH.GRANT AN INTERIM ORDER TO DIRECT RESPONDENT NO.3 TO PAY THE PETITIONER THE SUBSISTENCE ALLOWANCE/STIPEND FOR THE PERIOD OF UNEMPLOYMENT (I.E, FROM FEBRUARY, 2017 TILL HE IS PROVIDED WITH EMPLOYMENT BY RESPONDENT NO.3) AT THE RATE OF RS.15,000/- PER MONTH.

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

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NC: 2025:KHC:50835 WP No. 24888 of 2018

HC-KAR

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

The petitioner has filed this petition seeking the following prayer:

"a) Issue a writ of mandamus, directing respondent No.3 to provide employment to the petitioner either in M.R.P.L., or O.M.P.L., or I.S.R.L., and extend all the reliefs to the petitioner under the Rehabilitation Package as per Government Notification No.RD 116/REH/ 2011 Bengaluru dated 2^nd December, 2011 which is produced at Annexure 'A';

b) Issue a writ of mandamus, directing the respondent No.3 to pay the petitioner the subsistence allowance/stipend for the period of unemployment (i.e., from February, 2017 till he is provided with job by respondent No.3) at the rate of Rs.15,000/- per month;

c) Grant such other and further reliefs as this Hon'ble Court deems fit to grant under the circumstances of the case; and

d) Allow this writ petition with costs in the interest of justice and equity.

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Brief facts leading rise to the filing of this writ

petition are as follows:

The petitioner and his family are displaced persons. The respondents promised to provide job to the petitioner's father and also provide other reliefs under the rehabilitation package. Since the petitioner's father is aged more than 50 years, he has nominated his son, the petitioner herein for the employment. Since the petitioner was a minor in 2012, respondent No.3 refused to wait and provide an employment to the petitioner till he attains majority. The petitioner has attained majority and he completed Pre-University Course. Even after the petitioner attaining the age of majority, the respondents have failed to provide employment. The respondents ought to have provided all the reliefs under the Rehabilitation Package as per Annexure-A to the petitioner. The petitioner is entitled for employment in MRPL/OMPL/ISPRL. Hence, this writ petition.

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Learned counsel for respondent No.4 filed a memo stating that the ONGC Mangalore Petrochemicals Ltd. (for short 'the OMPL') has been merged with respondent No.4, who vide order dated 14.04.2022, and the OMPL has provided 302 jobs for the PDF candidates as per the absorption plan in terms of the Government Order dated 02.12.2011.

4. It is also stated that the learned Government

Advocate produced the communication dated 12.03.2025 addressed to the Chief Executive Officer, GMPL Ltd., along with the list of the candidates, wherein the name of the petitioner is shown at Sl.No.5, wherein the petitioner has been appointed, and the candidates are given one month period for joining. In view of the communication dated 12.03.2025 clearly discloses that the petitioner has been appointed. In view of the same, nothing survives for consideration in this writ petition.

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Accordingly, the writ petition is disposed off .

Pending applications, if any, stand disposed off

accordingly.

Sd/(ASHOK S.KINAGI) JUDGE

SSB