Shri K Ramamurthy, Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Shri K Ramamurthy, Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of: impugned relieving order dated 23.02.2023 (Annexure-E) quashed for violation of natural justice; no reinstatement directed as petitioner already superannuated; liberty to submit additional representation within two weeks; respondents to consider regularization representations (including that dated 06.08.2015) within three months in accordance with law; contentions left open.

Issue for consideration

Whether the relieving order dated 23.02.2023 (Annexure-E), passed without giving any notice to a petitioner with over 30 years of service, violated principles of natural justice and required to be quashed. +2 more

Court's answer

On the ground of violation of principles of natural justice (relief from service without notice despite more than 30 years of work), the impugned order vide Annexure-E requires to be quashed.

Ratio / Principle

The impugned relieving order dated 23.02.2023 (Annexure-E) passed by the second respondent is quashed.

Key takeaways

Despite quashing of Annexure-E, the petitioner cannot be directed to be reinstated into service, since he has already retired on attaining the age of superannuation.ratio¶41
On regularization, liberty reserved to the petitioner to submit an additional representation enclosing relevant records within two weeks; respondents directed to consider that representation along with the representation dated 06.08.2015 (Annexure-D), in accordance with law, as expeditiously as possible, not later than three months from receipt of the additional representation, keeping in view the judgments of the Apex Court.ratio¶43

Detailed headnote1 paragraphs

Service Law - Relieving/termination order - Writ petition under Articles 226 & 227 of the Constitution of India by a Coordinating Officer of the Directorate of Pre Examination Coaching Centre, Bangalore University, appointed temporarily by order dated 15.06.1994 (Annexure-A) and relieved by order dated 23.02.2023 (Annexure-E) after more than 30 years of service: HELD, relieving the petitioner without giving any notice, despite over 30 years of work, violated principles of natural justice, and the impugned order (Annexure-E) was accordingly quashed; however, reinstatement could not be directed as the petitioner had already retired on attaining the age of superannuation; liberty reserved to submit an additional representation with relevant records within two weeks, and respondents directed to consider it together with the representation dated 06.08.2015 (Annexure-D) for regularization, in accordance with law, within three months, keeping in view the judgments of the Apex Court; all contentions of the parties left open. (H.T. Narendra Prasad, J.)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5611 OF 2023 (S-RES)

BETWEEN:

SHRI K RAMAMURTHY S/O LATE KARAGAPPA AGED ABOUT 59 YEARS WORKING AS COORDINATING OFFICER DIRECTORATE OF PRE EXAMINATION COACHING CENTER BANGALORE UNVERSITY GNANA BHARATHI, BANGALORE 560056 R/A.T NO 308, 4TH CROSS 4TH MAIN, VIDYAGIRI LAYOUT NAGARBHAVI, BANGALORE 560072

…PETITIONER

(BY SRI. VIJAYA KUMAR., ADVOCATE)

AND:

Digitally signed by HEMALATHA A 1. THE STATE OF KARNATAKA Location: HIGH REP BY PRINCIPAL SECRETARY COURTOF HIGHER EDUCATION DEPT KARNATAKA (COLLEGIATE) M S BUILDING BANGALORE 560001.

THE BANGALORE UNIVERSITY REP. BY ITS REGISTRAR GNANA BHARATI BANGALORE 560056.

THE DIRECTOR PRELIMANRY EXAMINATION COACHING CENTRE, BANGALORE UNIVERSITY

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GNANA BHARATHI BANGALORE 560056

…RESPONDENTS

(BY SRI.VIKAS R, AGA FOR R1: SRI B PRAMOD, ADVOCATE FOR R2 & R3 )

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS RELATING TO ISSUE OF THE IMPUGNED ORDER BEARING NO.EST-1/315/SRR/94 DATED: 23.02.2023 PASSED BY THE R-2 VIDE ANNEXURE-E AND AFTER PERUSAL SET ASIDE THE SAME AND DIRECT THE R- 2 AND 3 TO CONTINUE THE SERVICES OF THE PETITIONER TILL HE ATTAINS THE AGE OF SUPERANNUATION ON 31.05.2023 AND TO CONSIDER HIS CLAIM FOR REGULARIZATION WITHIN A TIME FRAME SPECIFIED BY THIS HON’BLE COURT AND TO EXTEND HIM ALL CONSEQUENTIAL BENEFITS THAT HE WOULD BE ENTITLED TO ON HIS REGULARIZATION IN THE CADRE OF COORDINATING OFFICER AND ETC.

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

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

This writ petition is filed under Articles 226 & 227 of

the Constitution of India, challenging the relieving order passed by the second respondent, vide Annexure-E dated 23.02.2023.

The case of the petitioner is that, he was appointed as a Coordinating Officer on a temporary basis

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by order dated 15.06.1994 vide Annexure-A. From that day, till the date of the impugned order, the petitioner has been working in the Bangalore University. By the impugned order vide Annexure-E, he has been relieved from the service, without giving any notice.

The petitioner also sought for regularization of his appointment since he has worked for more than 30 years.

The learned counsel for the respondents submits that since the work of the petitioner was not required, therefore, he was relieved from the service.

When the petitioner has worked for more than 30 years, without giving any notice to him, he has been relieved from the service. On the ground of violation of principles of natural justice itself, the impugned order vide Annexure-E requires to be quashed.

In view of above, the following order is passed:

(i) The writ petition stands disposed of.

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(ii) The impugned order dated 23.02.2023 vide

Annexure-E passed by the second respondent is quashed.

(iii) In view of quashing of Annexure-E, the petitioner cannot be directed to be reinstated into the service, since he is already retired from the service, on attaining the age of superannuation.

(iv) In respect of regularization is concerned, the petitioner has submitted a representation dated 06.08.2015 vide Annexure-D. Liberty is also reserved to the petitioner to submit an additional representation, enclosing all relevant records, within two weeks from the date of receipt of a copy of this order.

(v) If such a representation is submitted, the respondents are directed to consider the said representation and also representation dated 06.08.2015, in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of the

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additional representation, keeping in view the judgments

of the Apex Court.

(vi) All the contentions of the parties are left open.

Sd/(H.T. NARENDRA PRASAD) JUDGE

CM

LIST NO.: 1 SL NO.: 48