Karnataka High Court
Smt Susheela N vs The Union Of India on 16 February, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
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WA No.950 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A PATIL
WRIT APPEAL NO.950 OF 2021 (S-RES)
BETWEEN:
1. SHRI. B. ANIL KUMAR
S/O B. CHANNA SHETTY
R/AT TYPE 4, OFFICERS LANE
STC, B.S.F. CAMPUS, YELAHANKA
A.F.STATION, BANGALORE-560 063.
Digitally
signed by 2. SHRI. NAGARAJU .B.P.
RUPA V S/O PUTTANNAYYACHAR
Location: High AGED ABOUT 55 YEARS
Court of R/AT NO.48, 7TH CROSS, 8TH MAIN
Karnataka
NEXT TO RELIANCE TOWER COFFEE BOARD
LAYOUT, HEBBAL KEMPAPURA
BENGLAURU-560 024.
3. SHRI. MADHU GOPINATH
S/O V. GOPINATH
AGED ABOUT 48 YEARS
R/AT FLAT NO.F101,
SHRIAM SAHANA COMPLEX
OPP. BMSIT COLLEGE, YELAHANKA
DODDABALLAPUR ROAD, BENGALURU-560 064.
4. SHRI. S. NATARAJAN
S/O SENGOTTAIYAN .A
AGED ABOUT 55 YEARS
R/AT NO.162, B3 BLOCK, KENDRIYAVIHAR
YELAHANKA, BANGALORE NORTH
BENGALURU-560 064.
5. MRS. USHA SHAJAN .C
W/O S.I. SHAJAN
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WA No.950 of 2021
AGED ABOUT 54 YEARS
R/AT NO.260, 1ST A MAIN ROAD
SFS-407, KHB YELAHANKA NEW TOWN
BANGALORE NORTH, BANGALORE-560 064.
6. SHRI. ASHWATH REDDY N
S/O NARASIMHAPPA O
AGED ABOUT 56 YEARS
R/AT MUDUGERE, HALE UPPARAHALLI
HALEUPPARAHALLI, GAURIBIDANUR
CHIKKABALLAPUR, KARNATAKA-561 210.
7. MRS. POORNIMA B
W/O DR. DHANANJAYA M.V.
AGED ABOUT 43 YEARS
R/AT NO.24 1ST MAIN ROAD
SAMBHRAM COLLEGE, BEST COUNTY-3
BANGALORE NORTH, VIDYARANYAPURA
BANGALORE-560 097.
8. SHRI. KUNJUMON M Y
S/O O. YOHANAN
AGED ABOUT 50 YEARS
R/AT D. 10, KOGILU LAYOUT
SRINIVASAPURA
NEAR SHIRDI SAI BABA TEMPLE
BENGALURU NORTH, YELAHANKA
BANGALORE 560064.
9. SHRI. R. BALAMURUGAN
S/O SRI. V. RAMASWAMY
R/AT NO. 931, CHAMUNDINAGAR
MAIN ROAD, CHOLANAYAKANAHALLI
MADESHWARA LAYOUT
BENGALURU 560032.
10. SHRI. S.S. INAMDAR
S/O SAMDANI SAB
AGED ABOUT 50 YEARS
R/AT NO.36, 1ST MAIN ROAD
1ST CROSS, VINAYAKANAGAR
BENGALURU NORTH, AF STATION
YELAHANKA, BENGALURU 560063.
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WA No.950 of 2021
11. SHRI. S. ASHOK KUMAR
S/O SUBRAMANYAM
AGED ABOUT 41 YEARS
R/AT NO.87, SHIVAPURA DWARAKA NAGAR
BANGALORE A.F.STATION, YELAHANKA
BANGALORE-560 063.
12. SHRI. K. PRASANNA KUMAR
S/O K. APPUKUTTAN PILLAI
AGED ABOUT 49 YEARS
R/AT NO.120, 1ST MAIN, 2ND CROSS
NEAR VINAYAKA TEMPLE, VINAYAKA NAGAR,
BANGALORE NORTH, A.F.STATION
YELAHANKA, BANGALORE-560 063.
13. SHRI. SELVARAJ
S/O MUNIYAPPAN
R/AT NO. 6/2, SEETHARAMA TEMPLE ROAD
NEAR BAGALURU CROSS, YELAHANKA
BANGALORE 560064.
14. MRS. P. JAGATHEESWASRI
W/O V. REBIN, AGE 38 YEARS
R/AT NO. 88/A, SHIVAPURA
KATTIGENAHALLI, BENGALURU SOUTH
AF STATION, YELAHANKA
BANGALORE 560063.
15. SHRI. MURUGAN .J
S/O S. JAYARAMAN
AGED ABOUT 36 YEARS
R/AT BSF CAMPUS, BSF IT
YELAHANKA, AF STATION
BENGALURU 560063
...APPELLANTS
(BY SRI. VIJAYA KUMAR, ADV.,)
AND:
1. UNION OF INDIA
MINISTRY OF HOME AFFAIRS
NORTH BLOCK, NEW DELHI 110001
REP BY HOME SECRETARY.
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WA No.950 of 2021
2. THE DIRECTOR GENERAL
BORDER SECURITY FORCE
NO 10, CGO COMPLEX, LODHI ROAD
NEW DELHI 110001.
3. THE INSPECTOR GENERAL (ADM)
BORDER SECURITY FORCE
NO 10, CGO COMPLEX, LODHI ROAD
NEW DELHI 110001.
4. THE DEPUTY INSPECTOR GENERAL (ADM)
BORDER SECURITY FORCE
NO 10, CGO COMPLEX, LODHI ROAD
NEW DELHI 110001.
5. STATE OF KARNATAKA
DEPARTMENT OF TECHNICAL EDUCATION
TANTRIKA SHIKSHANA BHAVANA
PALACE ROAD, BENGALURU 560001
REP BY ITS DIRECTOR.
6. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
NELSON MANDELA MARG
VASANT KUNJ, NEW DELHI 110070
REP BY ITS CHAIRMAN.
7. THE CHAIRMAN / INSPECTOR GENERAL
LOCAL MANAGEMENT COMMITTEE
BORDER SECURITY FORCE
INSTITUTE OF TECHNOLOGY, STC
BORDER SECURITY FORCE CAMPUS
YELAHANKA, BENGALURU 560063
REP. BY ITS ADMINISTRATIVE OFFICER.
8. BORDER SECURITY FORCE
INSTITUTE OF TECHNOLOGY
STC, BORDER SECURITY FORCE CAMPUS
YELAHANKA, BENGALURU 560063
REP BY ITS ADMINISTRATIVE OFFICER.
9. SHRI. SHREEDHARAN N
S/O KRISHNAYYA N
AGED ABOUT 53 YEARS
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WA No.950 of 2021
R/AT NO. 53, BAGALUR MAIN ROAD
NEAR REVA UNIVERSITY
DURGAMBHA LAYOUT
KATTIGENAHALLI
BENGALURU NOURTH
BENGALURU 560064.
10. MRS.V. JAYANTHI VENKATESH
W/O S. MANOHAR NAIDU
AGED ABOUT 53 YEARS
R/AT NO.53, MADHU KRISHNA NILAYA
1ST MAIN GANGAMMA TEMPLE STREET
BEHIND CHURCH, GANGANAGAR
R.T.NAGAR, BANGALORE-560 032.
11. MRS. JAISY JOHNSON
W/O K.A. JOHNSON, AGE 56 YEARS
R/AT NO.610, 10TH A MAIN
FACING RAJEEV GANDHI PARK
A SECTOR, YELAHANKA NEW TOWN
BANGALORE NORTH, YELAHANKA
BENGALURU-560 064.
12. MRS. SHAHAZAMA SIDDIQA
W/O REHAN PASHA, AGE 45 YEARS
R/AT O. 118/B, 4TH CROSS, TRIVENI ROAD
NEAR IYENGAR BAKERY
YESHWANTHPUR, BENGALURU NORTH
BENGALURU 560022.
13. MRS. SADGUNACHANDRAKALA
W/O T V SREERAMA REDDY
AGED ABOUT 53 YEARS
R/AT NO.36, 2ND MAIN
HEBBAL BINNY MILL ROAD
GANGANAGAR EXTENSION
RT NAGAR, BENGALURU NORTH.
14. MRS. RAMALAKSHMI SINGANAMALA
W/O K. NANDA KISHORE
AGED ABOUT 37 YEARS
R/AT NO. 28/1, GROUND FLOOR
NANDA GOKULANILAYA
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WA No.950 of 2021
OPP. JAKKUR AERODRUM
YASHODHA NAGAR, YELAHANKA
BENGALURU 560064.
15. MRS. VANI .U
W/O P. MURALI, AGE 48 YEARS
R/AT NO.A2, SHREYA APARTMENTS
6TH CROSS ATHMANANDA COLONY
SULTANPALYA R.T.NAGAR
BANGALORE NORTH, BANGALORE-560 032.
16. SHRI. G.C. PUTTASWAMY
S/O CHOWDAIAH, AGE 54 YEARS
R/AT NO.843, 12TH CROSS, 3RD MAIN
OPP. GOVERNMENT SCHOOL
CHANDRALAYOUT, NAGARABAVI 1ST STAGE
BANGALORE-560 072.
17. SMT. S. PADMA PRIYA
W/O M. SATHYAN, AGE 44 YEARS
R/AT NO.3, SRI VARI NILAYAM
24TH A CROSS, IST MAIN ROAD
MARUTHI NAGAR, YELAHANKA
BENGALURU-560 064.
18. SHRI. RAMESH KUMAR .S
S/O C. SAKTHIVEL, AGE 32 YEARS
R/AT C/O PARVATHINATHAN ILLAM
PONNANDI NAGAR, FIRST STREET
MUTHIANPURAM
BEHIND KARUPPA SWAMY TEMPLE
MULLAKADU, THOOTHUKKUDI
TAMIL NADU-628 005.
19. MRS. PREETHA SIVAN
W/O S.K.PILLAI, AGE 46 YEARS
R/AT QUARTERS 2, TYPE 2
STC CAMPUS, A.F.S. YELAHANKA
BENGALURU-560 063.
20. SHRI. MURTHY H.S.
S/O SEENAPPA, AGE 41 YEARS
R/AT E-244, KEMPANNA HOUSE
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WA No.950 of 2021
B.B.ROAD, MAHESHWARI NAGAR
YELAHANKA, BANGALORE-560 064.
21. SHRI. ARPUTHA RAJ .S
S/O S. SUVIKKIAN, AGE 37 YEARS
R/AT 99/1, 2ND MAIN, DWARAKANAGAR,
BANGALORE NORTH, A.F.STATION
YELAHANKA, BANGALORE-560 063.
22. SHRI. H.R. ANANDA
S/O LATE RAMAPPA, AGE 51 YEARS
NO.352, 5TH CROSS, BSK 1ST STAGE
NEAR SMS COLLEGE, BENGALURU-50.
23. SHRI. SRINIVASA .G.R.
S/O MR.RAMAKRISHNAIAH
AGED ABOUT 47 YEARS
NO.3, 8TH CROSS, GANGAMMA LAYOUT
GUDDADAHALLI, BENGALURU-32.
24. SHRI. MADHAIAH
S/O. SIDDAPPA, AGE 51 YEARS
R/AT NO.70, AMBEDKAR NAGAR
KATTIGENAHALLI, IAF POST
BANGALORE NORTH, YELAHANKA
BANGALORE 560063.
25. SHRI. K. DHANA SINGHA
S/O M. KANNAN, AGE 47 YEARS
R/A NO.131, DWARAKANAGAR
NEAR SEETHA RAMA TEMPLE
YELAHANKA, BANGALORE 560064.
26. SHRI. VENUGOPAL S
S/O A. SAMIKANNU, AGE 53 YEARS
R/AT NO.56, THANTHAIPERIYAR
TIRUVANNAMALAI, TAMIL NADU 606903.
27. SHRI. BHAGIRATH RAM
S/O BALARAM, AGE 33 YEARS
R/AT BSF IT, STC BSF, AF STATION
YELAHANKA,
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WA No.950 of 2021
BANGALORE NORTH
BENGALURU 560063.
...RESPONDENTS
(BY SRI. MADHUKAR DESHPANDE, ADV., FOR C/R8
SRI. B. RAJENDRA PRASAD, HCGP FOR R5
ASG SERVED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.16440/2019 AND
22920/2019 DATED 24.05.2021.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra Court appeal has been filed by the
appellants against an order dated 24.05.2021 passed by
the learned Single Judge in W.P.Nos.16440/2019 and
22920/2019 by which the writ petitions preferred by the
appellants had been dismissed. In order to appreciate
the grievance of the appellants, relevant facts need
mention which are stated infra.
2. The appellants are the employees who were
appointed in Border Security Force Institute of
Technology, Bangalore established by the Border
WA No.950 of 2021
Security Force, Yelahanka, Bangalore (hereinafter
referred to as 'the Institution') against teaching as well
as non-teaching posts. The General Body Committee
which runs the Institution passed a resolution by which
it was decided that no fresh admissions to any streams
for the academic year 2018-19 shall be done. The
General Body also took a decision to issue notices for
termination of the services of all the surplus staff of first
year and second year of diploma in the Institutes at
Tigri and Bangalore. In pursuance of the aforesaid
regulations, orders dated 28.05.2018 and 05.03.2019
were passed by which services of the appellants were
dispensed with on account of closure of the Institution
run by the Border Security Force, Institute of
Technology. The appellants challenged the aforesaid
orders in writ petitions. The learned Single Judge, by
an order dated 24.05.2021, inter alia took note of an
order passed by the Division Bench of this Court in case
of similarly situated employees in W.A.No.2741/2005
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WA No.950 of 2021
and held that the appellants are not entitled to relief of
continuance in service. However, the learned Single
Judge granted liberty to the respondents to consider the
case of the appellants in accordance with law subject to
availability of vacancies. It was clarified that dismissal
of the petition shall not come in the way of Union of
India and the BSF in taking any decision in respect of
the grievances of the appellants. Accordingly, the writ
petitions preferred by the appellants were dismissed. In
the aforesaid factual background, this appeal has been
filed.
3. Learned counsel for the appellants submitted
that the appellants are qualified and the vacancies are
available. It is further submitted that clause 8 of the
orders of appointment of the appellants contain a
stipulation that they are liable to be transferred to any
of the Institutes in India and therefore, in the event of
closure of the Institute where the appellants were
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WA No.950 of 2021
employed inspite of termination of services of the
appellants, they ought to have been transferred. It is
also submitted that a Committee was constituted by the
Inspector General, Border Security Force which
recommended that the appellants are entitled to be
continued in services and the Institution should not be
closed. It is further submitted that without approval of
AICTE, the Institution could not have been closed.
4. On the other hand, learned counsel for the
respondents has submitted that the Institution runs by
the contributions made by the Officers and employees of
the Border Security Force. It is further submitted that
similarly situated employees whose services were
terminated on account of closure of the Institution, had
approached this Court by filing a writ petition. The
learned Single Judge of this Court declined to grant any
relief to the employees who are similarly situated like
that of the petitioners and the order passed by the
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WA No.950 of 2021
learned Single Judge was affirmed in an appeal by an
order dated 21.09.2005. It was contended that
executive policy decision has been taken to close the
Institution with which no interference is called for. It is
also pointed out that no employment is available which
suits the qualification of the appellants.
5. We have considered the submissions made on
both sides and have perused the record. The Institution
was established in the year 1982 with the object to
promote the welfare of the BSF employees and their
wards by encouraging education in general and in
particular in the fields of Science, Medicine and
Technology. The appellants were appointed in different
capacities and orders of appointment were issued to
them. The relevant extract of an order of appointment
dated 12.08.2000 is reproduced below:
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WA No.950 of 2021
"Your appointment will be on probation for 2
years which may be extended where considered
necessary. During the probation, your services are
terminable by serving one month's notice on either
side without any reasons being assigned thereof.
However, after completion of probation and
confirmation, your services are terminable with
three months notice or three months salary in lieu
thereof from either side and without prejudice to
para 9 below. The appointing authority, however,
reserve the right to terminate your services before
expiry of the stipulated period of notice by making
payment of sum to the pay and allowances for the
unexpired portion of notice by making payment of
sum to the pay and allowances for the unexpired
portion of notice thereof or without any payment
for any gross misconduct so established by the
management including the cases of the type
referred in para 10 below."
6. Admittedly, similarly situated employees were
terminated by the Institution on account of its closure.
Similarly situated employees like that of the appellants
approached this Court by filing a writ petition namely
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WA No.950 of 2021
W.P.No.33884/1998 which was dismissed by the
learned Single Judge of this Court inter alia on the
ground that the Committee has taken a decision in its
full wisdom as a matter of policy decision and therefore,
no interference with the same is called for. Accordingly,
the writ petition was dismissed. The aforesaid order
was assailed by the similarly situated employees in
W.A.No.2741/2005. A Division Bench of this Court by
an order dated 21.09.2005, dismissed the appeal.
7. We have carefully perused the order passed by
the Division Bench of this Court and we are in
agreement with the conclusions arrived at by the
learned Single Judge. The learned Single Judge has
granted liberty to the respondents to consider the case
of the appellants for their re-habilitation subject to
availability of the vacancy. It has further been clarified
that the Union of India and Border Security Force shall
be at liberty to take any decision with regard to
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WA No.950 of 2021
grievances of the appellants. On the principles of parity
and in the facts of the case, we are not inclined to differ
with the view already taken by the Division Bench of
this Court. The learned Single Judge is bound by the
order passed by the Division Bench of this Court and
therefore, has rightly decided the writ petition.
For the aforementioned reasons, we do not find
any ground to differ with the conclusion arrived at by
the learned Single Judge.
In the result, the appeal fails and is hereby
dismissed.
Consequently, the pending interlocutory
application is also dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
RV
