Back
2023 Supreme(Online)(KAR) 1698
HIGH COURT OF KARNATAKA
E.S.INDIRESH, J
AYYAPPA K – Appellant
Versus
THE STATE OF KARNATAKA SOCIAL WELFARE DEPARTMENT – Respondent
WRIT PETITION NO.138141 OF 2020
For the Appellants/Petitioners: SRI. LAXMAN T MANTAGANI
For the Respondents: SRI SHIVAPRABHU S. HIREMATH, AGA FOR R1 TO R5, SRI RAGHUVEER R. SATTIGERI
The court determined that the petitioner must seek redress through the Karnataka Administrative Tribunal, as he is a government servant.
Headnote:This judgment concerns the writ petition filed under Articles 226 and 227 of the Constitution of India. The petitioner sought to quash an order dated 11.12.2019 from the 4th respondent authorities, providing an interim order till review. The Court found that the petitioner, being a government servant, must approach the Karnataka Administrative Tribunal as established in a prior ruling. The Court extended the interim order for a limited period.
| Table of Content |
|---|
| 1. approach the appropriate tribunal for redress (Para 1) |
| 2. nature of employment dictates legal recourse (Para 2) |
ORDER
Heard learned counsel appearing for the parties.
2. Sri Raghuveer R. Sattigeri, learned Counsel appearing for respondent No.6 submitted that the petitioner is a Government servant and therefore, has to approach the Karnataka Administrative Tribunal for redressal of his grievance. In this regard, he places reliance on the Division Bench judgment of this Court rendered in writ petition No.10487 of 2021 decided on 07th March, 2022, wherein the Division Bench of this Court has held that the employees of the Central Relief Committee, Bangalore are the Government servants and therefore, I am of the opinion that the petitioner is to be relegated to approach the Karnataka Administrative Tribunal for redressal of their grievance. It is also made clear that all contentions of the petitioner is kept open. At this juncture, the learned counsel appearing for the petitioner submitted that the petitioner will approach the Karnataka Administrative Tribunal at the earliest and within a period of two weeks from the date of receipt of certified copy of this order and till that date the interim order dated 14th January, 2022 be extended. I find force in the submission made by the learned counsel appearing for the petitioner. Accordingly, the interim order dated 14th January, 2022 is extended till 08th February, 2023. Petition accordingly disposed of.
