Karnataka High Court

Sri Devaraju Arasu vs The Under Secretary To The Government on 1 August, 2024

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                                                  WP No. 5019 of 2024




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 1ST DAY OF AUGUST, 2024

                                     PRESENT

                    THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

                                       AND

                        THE HON'BLE MR JUSTICE K V ARAVIND

                    WRIT PETITION NO. 5019 OF 2024 (GM-RES) PIL

             BETWEEN:
             1.   SRI DEVARAJU ARASU
                  S/O SRI. NARAYANA ARAS
                  AGED ABOUT 53 YEARS
                  R/AT ALAMBAGIRI NILAYA
                  5TH CROSS
                  SHAMBULINGESHWARA LAYOUT
                  CHOLANAYAKANAHALLI
                  R T NAGAR
                  BENGALURU - 560 032
                                                         ...PETITIONER
             (BY SRI. SATHEESHA K N, ADVOCATE)
Digitally
signed by
AMBIKA H B AND:
Location:    1. THE UNDER SECRETARY
High Court      TO THE GOVERNMENT
of Karnataka    DEPARTMENT OF KARNATAKA
                  VETERINARY ANIMAL AND
                  FISHERIES DEPARTMENT
                  4TH FLOOR, VIKASA SOUDHA
                  BENGALURU - 560 001

             2.   THE COMMISSIONER
                  KARNATAKA VETERINARY
                  ANIMAL AND FISHERIES
                  SCIENCES UNIVERSITY
                  PASHUPALANA BHAVAN
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     HEBBAL
     BENGALURU - 560 024

3.   THE VICE CHANCELLOR
     KARNATAKA VETERINARY ANIMAL
     AND FISHERIES
     SCIENCES UNIVERSITY
     NANDI NAGAR
     P B NO.6, BIDAR - 585 401
     KARNATAKA

4.   THE REGISTRAR
     KARNATAKA VETERINARY
     ANIMAL AND FISHERIES
     SCIENCES UNIVERSITY
     NANDI NAGAR
     P B NO.6, BIDAR - 585 401
     KARNATAKA

5.   THE DEAN
     VETERINARY COLLEGE
     HEBBAL
     BENGALURU - 560 024
     KARNATAKA

6.   THE DIRECTOR
     THE INSTITUTE OF ANIMAL
     HEALTH AND VETERINARY
     BIOLOGICALS (REGD)
     HEBBAL
     BENGALURU - 560 024

7.   SRI. R NARAYANA
     S/O N RAMAIAH
     MAJOR
     WORKING AT THE INSTITUTE OF
     ANIMAL HEALTH AND VETERINARY
     BIOLOGICALS (REGD)
     HEBBAL
     BENGALURU - 560 024

8.   SRI. M SRIRAMAIAH
     S/O MUNIYAPPA
     MAJOR
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                                      WP No. 5019 of 2024




     WORKING AT THE INSTITUTE OF
     ANIMAL HEALTH AND
     VETERINARY BIOLOGICALS (REGD)
     HEBBAL
     BENGALURU - 560 024

9.   SRI. SOMASHEKARA
     MAJOR
     WORKING AT THE INSTITUTE OF
     ANIMAL HEALTH AND VETERINARY
     BIOLOGICALS (REGD)
     HEBBAL
     BENGALURU - 560 024

10. SMT. HEMAVATHI
    W/O LATE L SHANKARALINGE GOWDA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

11. SRI. N MUKUNDA
    S/O H M NARAYANAPPA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

12. SRI. NISSAR AHMED
    S/O M D FACKRODDIN
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

13. SRI. K K RAMAKRISHNA
    S/O KRISHNAIAH
    MAJOR
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                                    WP No. 5019 of 2024




   WORKING AT THE INSTITUTE OF
   ANIMAL HEALTH AND VETERINARY
   BIOLOGICALS (REGD)
   HEBBAL
   BENGALURU - 560 024

14. SRI. G LAKSHMINARAYANA
    S/O MUNIYAPPA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

15. SRI. H N RAMESH
    S/O NINGE GOWDA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

16. SRI. H SIDDAGANGAPPA
    S/O HANUMANTHAPPA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

17. SRI. WALLI HAZRATH
    S/O MOHAMMED KHALEEL
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

18. SRI. M SURESH
    S/O J MADAIAH
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   MAJOR
   WORKING AT THE INSTITUTE OF
   ANIMAL HEALTH AND VETERINARY
   BIOLOGICALS (REGD)
   HEBBAL
   BENGALURU - 560 024

19. SRI. P KUMAR
    S/O PUTTAGANGAPPA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

20. SMT. BHAGYAMMA
    D/O MUNIVENKATAPPA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

21. SRI. SANJEEVAPPA
    S/O LATE MUTTAPPA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

22. SRI. M KUMAR
    S/O KRISHNAMMA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024
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23. SRI. M SRINIVASA
    S/O LATE MUNIYAPPA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

24. SRI. SRINIVASAMURTHY
    S/O MUNIYAPPA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

25. SRI. C SHIVAKUMAR
    S/O CHANNAVEERAIAH
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

26. SRI. M RAJU
    S/O MUNIHUCHAPPA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

27. SRI. SHIVEGOWDA
    S/O CHIKKEGOWDA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
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   HEBBAL
   BENGALURU - 560 024

28. SRI. KARI GOWDA
    S/O KARIYAPPA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

29. SRI. B ANANDA
    S/O BYLAPPA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

30. SRI. B MURTHY
    S/O BALU
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

31. SRI. THIMMARAJ
    S/O LATE H MUNIRAJ
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

32. SMT. S DEVAMMA
    D/O SONNAPPA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
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   BIOLOGICALS (REGD)
   HEBBAL
   BENGALURU - 560 024

33. SRI. K SRIDHAR
    S/O LATE S THIMMAKRISHNA RAO
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

34. SRI. T RAMESH
    S/O THIMMAIAH
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

35. SYED FAIQ MUDASAR ULLA
    S/O SYED HABEEBULLA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

36. SRI. C THIMMEGOWDA
    S/O CHANNAPPA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

37. SRI. V MANAGALAGOWRAMMA
    D/O T VENKATAPPA
    MAJOR
    WORKING AT THE INSTITUTE OF
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    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

38. SRI. K VIJAYAKUMAR
    S/O KALLAPPA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

39. MRS. KAMALA
    W/O H M SRINIVASAIAH
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

40. SRI. R VENUGOPALA
    S/O N RAMAIAH
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

41. SRI. R JAGADEESHA
    S/O RAMAIAH
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

42. SRI. G SRINIVAS
    S/O GOVINDAIAH
    MAJOR
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   WORKING AT THE INSTITUTE OF
   ANIMAL HEALTH AND VETERINARY
   BIOLOGICALS (REGD)
   HEBBAL
   BENGALURU - 560 024

43. SRI. N M VENUGOPAL
    S/O MUNIKRISHNAPPA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

44. SMT. RATHNAMMA
    W/O NARASAIAH
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

45. SRI. M BYREGOWDA
    S/O LATE MUNISWAMY
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

46. SRI. N MANJUNATHA
    S/O NARAYANAPPA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

47. SRI. KRISHNAMMA
    D/O PILLAPPA
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   MAJOR
   WORKING AT THE INSTITUTE OF
   ANIMAL HEALTH AND VETERINARY
   BIOLOGICALS (REGD)
   HEBBAL
   BENGALURU - 560 024

48. SMT. SAVITHRAMMA
    D/O NIGAMMA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

49. SRI. MUNIRAJ
    FATHER NAME NOT KNOWN
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

50. SMT. SWARNA KUMARI
    D/O LATE NARAYANA
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024

51. SRI. KEMPEGOWDA
    FATHER NAME NOT KNOWN
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND VETERINARY
    BIOLOGICALS (REGD)
    HEBBAL
    BENGALURU - 560 024
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52. SRI. C G VENKATESH
    FATHER NAME NOT KNOWN
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND
    VETERINARY BIOLOGICALS (REGD.)
    HEBBAL, BENGALURU - 560 024

53. SRI. B R RAMAKRISHNA
    FATHER NAME NOT KNOWN
    MAJOR
    WORKING AT THE INSTITUTE OF
    ANIMAL HEALTH AND
    VETERINARY BIOLOGICALS (REGD.)
    HEBBAL
    BENGALURU - 560 024

                                        ...RESPONDENTS
(SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT ADVOCATE
 FOR RESPONDENT NOS.1 TO 5)

     THE WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF THE
HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION)
RULES, 2018 PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ENDORSEMENT DATED 02.01.2024 ISSUED BY 1ST
RESPONDENT, PRODUCED AS ANNEXURE-A AS THE SAID
ENDORSEMENT ISSUED BY THE UNDER SECRETARY TO THE
GOVERNMENT,       DEPARTMENT        OF     KARNATAKA     VETERINARY
ANIMAL   &   FISHERIES     DEPARTMENT         IS   ILELGAL,   UNJUST,
ARBITRARY AND A CLEAR CASE OF FAILURE TO EXERCISE THE
JURISDICITION     VESTED    IN    THE      AUTHORITIES    WHO    ARE
REQUIRED     TO   TAKE   ACTION       ON    THE    ENQUIRY    REPORT
SUBMITTED BY THE CONCERNED OFFICERS AND ETC.

     THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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                                              WP No. 5019 of 2024




CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
       N. V. ANJARIA
       and
       HON'BLE MR JUSTICE K V ARAVIND

                           ORAL ORDER

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

Heard learned advocate Mr. K.N. Sateesha for the petitioner

and learned Additional Government Advocate Ms. Niloufer Akbar

for respondent Nos.1 to 5, who appeared upon service of copy of

the petition in advance.

2. Claiming to be a Right to Information activist and further

claiming that no personal interest is involved, the petitioner, one

named Sri Devaraju Arasu has filed the present petition in the

nature of public interest litigation in which prayer is advanced to set

aside the endorsement/order dated 02.01.2024 passed by

respondent No.1-the Under Secretary to the Government,

Veterinary Animal and Fisheries Department.

2.1 Further prayer is made to direct respondent Nos.1 to 5 to

take action against respondent No.6 who is the Director of Institute

of Animal Health and Veterinary Biologicals on the ground that the

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said authorities had illegally regularised the services of private

respondent Nos.7 to 53.

2.2 The petitioner wants Departmental Enquiry to be instituted

against the said officers and further seeks direction against

respondent Nos.1 to 6-authorities to terminate the services of

respondent Nos.7 to 13 whose services are regularised.

2.3 Thus, the basic grievance of the petitioner is about

regularisation of the services of respondent Nos.7 to 53 by the

respondent-authorities.

3. The facts in the background are that respondent Nos.7 to 53

were employed on contract basis since July 2004 under

respondent No.6-Institute of Animal Health and Veterinary. The

said respondents along with others filed Writ Petition Nos.17621-

17670 of 2003 seeking regularisation which was disposed of by the

order dated 23.07.2004. The court directed the respondents to

consider the representations of the said employees. Individual

representations were submitted by the employees. On 26.10.2004,

respondent No.6 rejected the representations.

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3.1 While disposing of Writ Petition Nos.17621-17670 of 2003,

following order was passed by the Court requiring the case of the

petitioners to be considered in light of the Hon'ble Supreme Court's

decision,

"All the petitioners are directed to submit the applications giving requisite particulars to the respondents within 30 days from today. On such applications being filed, respondents- 1 and 2 shall consider the said applications in accordance with law and on merits keeping in mind the law on the point, in particulars, the judgment of the Supreme court in GUJARAT AGRICULTURAL UNIVERSITY VS. RATHOD LABHU BECHAR reported in 2001 (3) SCC 574 within three months from the date of receipt of the applications. Writ Petitions disposed of."

3.2 It appears that at that time, Civil Appeal Nos.1861-2063 of

2001 were pending before the Supreme Court. Subsequently, the

contempt application was filed and pursuant to the order of the

Court requiring the compliance from the authorities, 52 contract

employees were regularilised in service. The above facts are

stated in the impugned endorsement dated 02.01.2024 as well as

are part of the pleadings of the petition.

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4. Thus, regularisation of the private respondents is based on

the order passed in the contempt proceedings. They are litigated

for seeking the relief of regularisation.