Karnataka High Court
Smt.Nandini vs The State Of Karnataka on 1 July, 2022
Bench: G.Narendar, P.N.Desai
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01ST DAY OF JULY, 2022
PRESENT
THE HON'BLE MR. JUSTICE G.NARENDAR
AND
THE HON'BLE MR. JUSTICE P.N.DESAI
WRIT PETITION NO.9025/2022 (S-KSAT)
c/w
WRIT PETITION NO.11096/2022 (S-KSAT)
IN WP NO.9025/2022
BETWEEN:
SRI B LAKSHMIKANTH
S/O B BASAVAIAH
AGED ABOUT 47 YEARS
WORKING AS JOINT CONTROLLER,
STATE HIGHWAYS DEVELOPMENT PROJECT,
BANGALORE-560022.
... PETITIONER
(BY SRI PAWAN KUMAR M.N., ADV.)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF
PUBLIC WORKS DEPARTMENT
VIKASA SOUDHA
DR. B R AMBEDKAR VEEDHI
BANGALORE-560001
REPRESENTED BY ITS
SECRETARY TO GOVERNMENT.
2
2. THE STATE OF KARNATAKA
DEPARTMENT OF FINANCE
VIKASASOUDHA, DR B R AMBEDKAR VEEDHI
BANGALORE-560001
REPT. BY ITS ADDITIONAL CHIEF SECRETARY
3. PRINCIPAL DIRECTOR OF KARNATAKA
STATE AUDIT AND
ACCOUNTS DEPARTMENT,
3RD FLOOR, TTMC A BLCOK
BMTC, SHANTHINAGARA
BENGALURU-560027
4. DEPARTMENT OF PERSONNEL
ADMINISTRATION AND REFORMS SERVICES
REPRESENTED BY ITS
SECRETARY,
VIDHANASOUDHA
DR. B R AMBEDKAR VEEDHI
BENGALURU-560001
5. SRI V SRINIVAS MURTHY
S/O LATE VENKATARAMANA
AGED ABOUT 49 YEARS
WORKING AS AUDIT OFFICER
OFFICE OF THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT DIVISION
RAMANAGARA-562159
R/A NO.6, 10TH BLOCK
S B M LAYOUT, SRIRAMPURA
MYSORE-560023
6. SRI C S NAGARAJU
S/O LATE B SRIRAMAIAH
AGED ABOUT 59 YEARS
WORKING AS AUDIT OFFICER
OFFICE OF THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT DIVISION
BANGALORE-560001
R/A NO.712, 1ST E CROSS
3RD STAGE, 4TH BLOCK,
BASAVESHWARANAGAR
BANGALORE-560079
3
7. SRI R S KULKARNI
S/O LATE SRIPADARAO KULKARNI
AGED ABOUT 53 YEAS
WORKING AS AUDIT OFFICER
OFFICE OF THE EXECUTIVE OFFICER,
PUBLIC WORKS DEPARTMENT DIVISION
HAVERI-581110
R/AT NO.44, RAJNAGAR,
RAGHAVENDRA KRUPA,
HUBLI-580032
8. SMT NANDINI
W/O SATHISKUMAR D M
AGED ABOUT 37 YEARS
WORKING AS CHIEF ACCOUNTS OFICER
OFFICE OF THE CHIEF ENGINEER
COMMUNICATIONS AND BUILDING
PWD, K R CIRCLE,
BANGALORE-560040
9. SMT DEVAKI N K
W/O DORESWAMY H T
AGED ABOUT 36 YEARS
WORKING AS CHIEF FINANCE OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD.,
BANGALORE-560071
... RESPONDENTS
(BY SRI SUBRAMANYA .N, AAG ALONG WITH
SMT. SHILPA S.GOGI, HCGP. FOR R1 TO R4,
SRI SATHISH.K, ADV. FOR R5,R6 & R7,
NOTICE TO R8 & R9 ARE DISPENSED WITH
V/O DATED 24/5/22.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF APPROPRIATE NATURE TO QUASH THE ORDER OF
TRIBUNAL DATED 22.04.2022 DEFERRING THE MATTER ON
22.06.2022 VIDE IN APPLICATION NO. 1447-1449/2022 AT
ANNEXURE - C ETC.
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IN WP NO.11096/2022
BETWEEN:
1. SMT.NANDINI
W/O SATHISKUMAR D M
AGED ABOUT 37 YEARS
WORKING AS
CHIEF ACCOUNTS OFFICER,
OFFICE OF THE CHIEF ENGINEER,
COMMUNICATIONS AND BUILDING,
PWD, KR CIRCLE,
BANGALORE - 560040,
R/AT 03, SAMRUDI NILAYA,
MARENAHALLI 1ST MAON
VIJAYANAGAR,
BANGALORE 560 040
2. SMT. DEVAKI N K
W/O DORESWAMY H T
AGED ABOUT 36 YEARS
WORKING AS CHIEF FINANCE OFFICER
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD.,
BANGALORE - 560071,
R/AT #108, 2ND CROSS,
10TH MAIN, NAGARABHAVI,
BANGALORE - 560 072.
...PETITIONERS
(BY SRI PIYUSH KUMAR JAIN.D, ADV.)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF PUBLIC WORKS
DEPARTMENT
VIKASA SOUDHA,
BANGALORE 560001
REPRESENTED BY ITS
SECRETARY TO GOVERNMENT.
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2. THE STATE OF KARNATAKA
DEPARTMENT OF FINANCE
VIKASA SOUDHA,
BANGALORE 560001
REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETARY.
3. PRINCIPAL DIRECTOR
KARNATAKA STATE AUDIT AND
ACCOUNTS DEPARTMENT
3RD FLOOR, TTMC A-BLOCK
BMTC, SHANTHINAGAR
BENGALURU - 560027
4. DEPARTMENT OF PERSONNEL
ADMINISTRATION AND REFORMS
VIDHANA SOUDHA
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560001
REPRESENTED BY ITS SECRETARY
5. V SRINIVAS MURTHY
S/O LATE VENKATARAMANA
AGED ABOUT 49 YEARS
WORKING AS AUDIT OFFICER
OFFICE OF THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT DIVISION
RAMANAGARA - 562159
R/AT NO.6, 10TH BLOCK,
S.B. M LAYOUT, SRIRAMPURA
MYSORE 560 023
6. C S NAGARAJU
S/O LATE B SRIRAMAIAH
AGED ABOUT 59 YEARS
WORKING AS AUDIT OFFICER
OFFICE OF THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT DIVISION
BANGALORE 560 001
R/AT NO. 712, 1ST E CROSS, 3RD STAGE,
4TH BLOCK, BASAVESHWARANAGAR,
BANGALORE - 560079.
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7. R.S. KULKARNI
S/O LATE SRIPADRAO KULKARNI
AGED ABOUT 53 YEARS
WORKING AS AUDIT OFFICER
OFFICE OF THE EXECUTIVE OFFICER
PUBLIC WORKS DEPARTMENT DIVISION
HAVERI 581110
R/AT NO.44, RAJNAGAR,
RAGHAVENDRA KRUPA,
HUBLI - 580032
8. B. LAKSHMIKANTH
S/O B BASAVAIAH
AGED ABOUT 47 YEARS
WORKING AS JOINT CONTROLLER
STATE HIGHWAYS
DEVELOPMENT PROJECT
BANGALORE - 560 022
R/AT #T3,
INCLOVER MAGNUM APARTMENTS
BANASWADI MAIN ROAD,
BANASWADI, BANGALORE - 560 043.
...RESPONDENTS
(BY SRI SUBRAMANYA.N, AAG ALONG WITH
SMT. SHILPA S.GOGI, HCGP FOR R1-R4.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF APPROPRIATE NATURE TO QUASH THE ORDER DATED
22.04.2022 IN APPLICATION NO. 1447-1449/2022 PASSED BY
THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL VIDE
ANNEXURE - B, IN DEFERRING THE MATTER TO 20.06.2022,
WITHOUT CONSIDERING THE INTERIM PRAYER SOUGHT IN THE
SAID A. NOS. 1447-1449/2022 ETC.
THESE WRIT PETITIONS COMING ON FOR "HEARING ON
INTERLOCUTORY APPLICATION" THIS DAY, G.NARENDAR J,
MADE THE FOLLOWING:
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ORDER
Heard the learned counsel for the petitioner, the
learned Additional Advocate General and the learned
counsel Sri. Satish on behalf of the private respondents.
2. The petitioner had approached this Court being
aggrieved by the order of the tribunal refusing to grant an
interim order of stay of the creation and abolition of post by
way of an execution order. This Court appreciating the
prayer for interim relief and in the light of the settled
position as propounded by this Court in the case of M.V.
Dixit Vs. State of Karnataka, reported in ILR 2004 KAR Pg
3802 was pleased to grant an interim order. It is submitted
by the learned counsel that the matter has been finally
heard and tribunal has been pleased to reserve the matter
for pronouncement of judgment.
3. In that view of the matter, allowing continuation
of the interim order till the disposal of the petition would
serve the ends of justice. Accordingly, the interim order
shall subsist till the pronouncement of final order in the
pending application.
4. Writ petition stands disposed off accordingly.
5. The petitioners in the connected writ petition i.e.
W.P. No.11096/2022 being similarly situated, W.P.
No.11096/2022 is also disposed off in terms of the order in
the lead petition i.e. W.P. No.9025/2022.
In view of disposal of the writ petitions, pending I.As.
do not survive for consideration and is accordingly disposed
off.
Sd/-
JUDGE
Sd/-
JUDGE
Chs
CT-HR
