1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF AUGUST, 2021

PRESENT

THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT APPEAL NO.57/2021(S-RES)

BETWEEN

1 . T.V. NEELAKANTAN

S/O LATE N.VENKATESHWARAN

AGED ABOUT 59 YEARS

# 17, SHREE KOUSTHUBHAM

2^ND FLOOR, 17^TH CROSS

SAMPIGE ROAD, SIDDASHRAMA ROAD

MALLESHWARAM

BENGALURU-560 003

2 . K SUBHASH S/O LATE KORAGA

AGED ABOUT 59 YEARS

DEPUTY SECRETARY

NO. 378, 5^TH MAIN,

COFFEE BOARD LAYOUT, HEBBAL

BENGALURU-560 024

3 . P. RANGASWAMY S/O LATE PAPANNA

AGED ABOUT 58 YEARS

ASST. SECRETARY

NO. 19, 5^TH MAIN ROAD,

MARUTHI EXTN, SRIRAMPURAM

BENGALURU-560 021

&APPELLANTS

(BY SRI.NAGENDRA NAIK.R., ADV.)

AND:

1 .

MINISTRY OF PERSONNEL,

PUBLIC GRIEVANCES AND PENSION

2

DEPARTMENT OF PERSONNEL AND TRAINING

ESTABLISHMENT A-III DESK,

GOVERNMENT OF INDIA,

NORTH BLOCK, CENTRAL SECRETARIAT,

NEW DELHI 110 001

2 .

COFFEE BOARD

A STATUTORY BOARD CREATED UNDER

THE COFFEE ACT, 1942,

NO 1, DR. AMBEDKAR VEEDHI,

BENGALURU 560 001,

KARNATAKA, INDIA,

REPRESENTED BY ITS SECRETARY

3.

G.RAVIKUMAR

S/O LATE GOPAL ACHARI

AGED ABOUT 54 YEARS

T-4, B.S.R. SOLITAIRE

VENKATA GOWDA LAYOUT,

KEMPAPURA,

BENGALURU-560 024.

4.

P.S.PREMAKUMARI

D/O LATE L.N.PRASAD

AGED ABOUT 50 YEARS

ASSISTANT SECRETARY

NO.1564, 1^ST FLOOR,

18^TH MAIN, 39^TH CROSS,

4^TH 'T' BLOCK, JAYANAGAR

BENGALURU-560 041.

... RESPONDENTS

(BY SRI. MADHUKAR M DESHPANDE, CGSC FOR R1

SMT.ANUPARNA BORDOLOI, ADV. FOR C/R2)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE

ORDER PASSED BY THE LEARNED SINGLE JUDGE OF THIS

HON'BLE COURT IN W.P.NO.10560/2020 DATED 15.12.2020 AND

ETC.

THIS WRIT APPEAL COMING ON FOR ORDERS AND HAVING

BEEN HEARD AND RESERVED FOR JUDGMENT ON 16.08.2021,

THIS DAY SATISH CHANDRA SHARMA, J., PRONOUNCED THE

FOLLOWING:

3

JUDGMENT

The present writ appeal is arising out of the order

dated 15.12.2020 passed by the learned Single Judge in

W.P.No.10560/2020 (T.V.Neelkantan and others v. Ministry

of Personnel and another).

2.

The facts of the case reveal that the appellants-1

to 3 before this Court are the employees of respondent No.23

Coffee Board. The statutory Service Rules of Central

Government

Employees

are

applicable

to

them

also.

The appellants are the members of the Coffee Board

Employees Co-operative Societies Housing Limited and they

submitted an application on 15.02.2020 for grant of

permission to participate in the election of the Coffee Board

Employees Co-operative Societies Housing Limited. The

contention of the petitioners is that permission was granted

to them by the Coffee Board by an order dated 14.02.2020

to participate in the process of election. However, the Coffee

Board, has issued a Memo dated 08.09.2020 withdrawing the

permission granted to them to participate in the election. The

petitioners have further stated that permission is required

keeping in view Rule 15 of the Central Civil Services

(Conduct) Rules, 1964, but it does not provide for a period

4

and therefore, the fixation of period of five years to hold the

office is bad in law. The learned Single Judge has dismissed

the writ petition. Paragraph-7 and 8 of the order passed by

the learned Single Judge reads as under:

=7. Having heard the learned counsels and on

perusing the petition papers, this Court finds that the

petitioners were aware of the requirement under the

OM dated 05.08.2019 which was holding the field as

on day when they made an application. Though it is

contended by the petitioners that they have brought

the fact of their serving as elected members of the

society previously, that by itself will not come to the

rescue of the petitioners in seeking continuation of

their term in the elected body contrary to the terms of

the OM dated 05.08.2019.

8. On consideration of the sub