Disposed¶39

Sri Gurumurthy N B v. the State of Karnataka

Writ Petition (S-RES) – Service matter

Karnataka HC3 Feb 2025WP/25139/2024

Download

Case brief

AI extract

What is this about?

Karnataka High Court, S.G. Pandit J., 03.02.2025 — WP No. 25139 of 2024 (S-RES) disposed of; direction to respondent Nos. 1 to 3 to consider representation dated 25.07.2024 (Annexure-A); approved appointment of Clerk-cum-Typist; benefits under Government Order No. ED 152 UPC 2013 dated 26.05.2017 (Annexure-D); Articles 226 and 227, Constitution of India; three-month compliance period.

What did the court decide?

Respondent Nos. 1 to 3 directed to consider Annexure-A representation dated 25.07.2024 in light of Government Order No. ED 152 UPC 2013 dated 26.05.2017 and pass appropriate orders in accordance with law within three months. ¶39

Sri Gurumurthy N B Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

¶1

¶2

NC: 2025:KHC:4843 WP No. 25139 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 3^RD DAY OF FEBRUARY, 2025

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 25139 OF 2024 (S-RES)

¶7

BETWEEN:

¶8

SRI. GURUMURTHY N.B., S/O LATE BORAIAH N., AGED ABOUT 48 YEARS, WORKING AS CLERK-CUM-TYPIST, RAJARAJESHWARI FIRST GRADE COLLEGE, JAGALUR-577 528, DAVANAGERE DISTRICT.

¶9

…PETITIONER

¶10

(BY SRI. RAMACHANDRAIAH R., ADVOCATE)

¶11

AND:

¶12

Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA

¶13

THE STATE OF KARNATAKA, DEPARTMENT OF HIGHER EDUCATION (COLLEGE EDUCATION), M.S. BUILDING, BENGALURU-560 001, REP. BY ITS PRINCIPAL SECRETARY.

¶14

THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVT. OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001, REP. BY ITS SECRETARY.

¶15

THE COMMISSIONER/DIRECTOR, COLLEGIATE EDUCATION DEPARTMENT,

¶16

2 - NC: 2025:KHC:4843 WP No. 25139 of 2024

¶17

PALACE ROAD, BENGALURU-560 001.

¶18

SRI. BAPUI EDUCATIONAL SOCIETY (R) (SC/ST MANAGEMENT), KALLADEVARAPURA, JAGALURU, CHITRADURGA DISTRICT-577 533, REP. BY ITS PRESIDENT / SECRETARY.

¶19

THE PRINCIPAL

¶20

SRI. RAJARAJESHWARI FIRST GRADE COLLEGE, JAGALURU,

¶21

DAVANAGERE DISTRICT-577 528

¶22

…RESPONDENTS

¶23

(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 TO R3; V/O/D 14.10.2024, NOTICE TO R4 AND R5 IS D/W)

¶24

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF

¶25

THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS AUTHORITIES TO CONSIDER THE REPRESENTATION DATED. 25.07.2024 VIDE ANNEXURE-A AND THE APPROVAL BY THE GOVERNMENT BEARING NO. NO.ED 152 UPC 2013 DATED. 26.05.2017 VIDE ANNEXURE-D AND ETC.

¶26

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

¶27

CORAM: HON'BLE MR JUSTICE S.G.PANDIT

¶28

3 - NC: 2025:KHC:4843 WP No. 25139 of 2024

¶29

ORAL ORDER

¶30

The petitioner, a Clerk-cum-Typist in the 5^th respondentCollege, is before this Court under Article 226 of the Constitution of India, praying for a writ of mandamus directing the respondents-Authorities to consider the representation dated 25.07.2024 (Annexure-A) and grant all the benefits in the light of the Government Order Bearing No.ED 152 UPC 2013 dated 26.05.2017 (Annexure-D).

¶31

Heard Sri. R.Ramachandraiah, learned counsel for the petitioner and Sri. Shivaprabhu Hiremath, learned Additional Government Advocate for respondent Nos.1 to 3. Perused the writ petition papers.

¶32

Learned counsel for the petitioner would submit that in terms of Annexure-D, Government Order dated 26.05.2017, petitioner's appointment as Clerk-cum-Typist was approved and he would be entitled for all the benefits as per terms stated therein. It is the grievance of the petitioner that the benefits accrued under the said Government Order is not extended to the petitioner. Hence, in that regard, the petitioner submitted Annexure-A, representation to respondent Nos.1 to

¶33

¶34

NC: 2025:KHC:4843 WP No. 25139 of 2024

¶35

The said representation is not considered and the benefit of Government Order dated 26.05.2017 is not extended to the petitioner till this date.

¶36

Learned Additional Government Advocate would submit that the representation at Annexure-A dated 25.07.2024 would be considered in accordance with law within a reasonable time.

¶37

On hearing the learned counsel for the parties and on perusal of the writ petition papers, it is seen that the petitioner's appointment as Clerk-cum-Typist is approved under Order dated 26.05.2017 (Annexure-D). When his appointment is approved, the petitioner would be entitled for the benefits from such approval of appointment. In that regard, the petitioner submitted Annexure-A, representation dated 25.07.2024. The said representation needs to be considered in accordance with law. Hence, the following:

¶38

ORDER

¶39

(a) The writ petition stands disposed of by directing respondent Nos.1 to 3 to consider Annexure-A, representation dated 25.07.2024 in light of the Government Order Bearing No.ED 152 UPC 2013

¶40

¶41

NC: 2025:KHC:4843 WP No. 25139 of 2024

¶42

dated 26.05.2017 (Annexure-D) and pass appropriate orders in accordance with law within a period of three months from today.

¶43

Sd/(S.G.PANDIT) JUDGE

¶44

SMJ

¶45

List No.: 1 Sl No.: 20