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HIGH COURT OF KARNATAKA
S.G.PANDIT
SRI NIZAMUDDIN – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP/9474/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY 2021
BEFORE
THE HON’BLE MR.JUSTICE S.G.PANDIT
WRIT PETITION NO.9474/2018 (S-RES)
C/W
WRIT PETITION NO.7834/2016 (S-RES)
W.P.NO.9474/2018
BETWEEN:
1. SRI NIZAMUDDIN
S/O AZEEZ UDDIN,
AGED ABOUT 58 YEARS,
R/AT NO. 21/1, 3RD CROSS,
SEWAGE FARM ROAD,
BESTARA BLOCK,
VIDYARANYAPURAM,
MYSORE - 570 008.
2. SRI GURUNATHA
S/O LATE SHAMBAIAH,
AGED ABOUT 52 YEARS,
R/AT NO. 62,
D DEVERAJ URS COLONY,
VISHWESHWARA NAGAR II BLOCK,
MYSORE - 570 008.
...PETITIONERS
(BY SRI.K SATISH, ADV.)
2
AND:
1. THE STATE OF KARNATAKA
REPD. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS,
VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE DEPUTY DIRECTOR
MYSORE PALACE BOARD,
MYSORE - 570 001.
3. THE EXECUTIVE OFFICER
MYSORE PALACE BOARD,
MYSORE - 570 001.
…RESPONDENTS
(BY SRI.K R NITYANANDA, HCGP. FOR R1
SRI. B.S.SACHIN, ADV. FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS
FROM
R3
PERTAINING
TO
IMPUGNED
ORDER
DATED
30.01.2016 AT ANNEX-A AND QUASH THE IMPUGNED ORDER
DATED 30.01.2016 AT ANNEX-A ISSUED BY R3, IN SO FAR AS
THE PETITIONERS ARE CONCERNED.
W.P.NO.7834/2016
BETWEEN:
1. MR. RAMA CHANDRA
S/O LATE PAPAIAH,
AGED ABOUT 56 YEARS,
KALPARUKSHA NAGARA
KURIMANDI BLOCK,
2ND STAGE, KESHARE,
MYSORE-560068.
3
2. MR. SANTHARAJU
S/O LATE CHARAMARAJU,
AGED ABOUT 53 YEARS,
RESIDING AT NO.327,
6TH MAIN ROAD,
2ND STAGE, M BLOCK,
KUVEMPU NAGAR,
MYSORE-570008.
3. MR. MADA NAIK
S/O K MADA NAIK,
AGED ABOUT 59 YEARS,
NO.H:4, KALA MANDIRAS QUARTERS,
VINOBHA ROAD, V V MOHALLA
MYSORE-570020,
4. MR. R NAGARAJA
S/O LATE RANGAPPA,
AGED ABOUT 55 YEARS,
NO.43/1C, RAMANUJA ROAD
13TH CROSS, YELETHOTA
MYSORE-570004.
5. MR. GOWDAIAH
S/O LATE GOWDE GOWDA,
AGED ABOUT 57 YEARS,
DODDA KANYA,
JAYAPURA HOBLI,
MYSORE-570024.
...PETITIONERS
(BY SRI.A.S.PONNANNA, SENIOR COUNSEL FOR
SRI ARNAV A BAGALWADI & SRI. H.C.PRATEEK, ADVs.)
AND:
1. STATE OF KARNATAKA
REPD. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PERSONAL AND
ADMINISTRATIVE REFORMS,
4
VIDHANA SOUDHA,
BANGALORE-01.
2. UNDER SECRETARY TO GOVERNMENT
DEPARTMENT OF PERSONAL AND
ADMINISTRATIVE REFORMS,
VIDHANA SOUDHA,
BANGALORE-01.
3. THE DEPUTY DIRECTOR
MYSORE PALACE BOARD,
MYSORE-570001.
4. THE EXECUTIVE OFFICER
MYSORE PALACE BOARD
MYSORE-570001.
…RESPONDENTS
(BY SRI.K.R.NITHYANANDA, HCGP FOR R1 & R2
SRI. SACHIN B.S., ADV. FOR R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 30.01.2016 PASSED BY THE R4 (ANNEXURE-T).
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
ORDER
Since both the writ petitions arise out of common facts,
same impugned order and common prayer is sought, both the
writ petitions are taken up together for hearing with the
consent of learned counsel for the parties and disposed of by
this common order.
5
2.
Petitioners in both the writ petitions have prayed for a
writ of certiorari to quash the order dated 30.01.2016 bearing
No.EO/MPB/EST-1:Daily Wages/2008-09/368 (Annexures-A
and T respectively) issued by the Executive Officer, Mysore
Palace
Board,
Mysore,
where
under
regularization
of
petitioners’ services is cancelled and a decision is taken to
extend the benefit of Karnataka Daily Wage Employees
Welfare Act, 2012 (hereinafter referred to as ‘2012 Act’ for
short) to the petitioners.
3.
Heard the learned Senior counsel Sri.A.S.Ponnanna for
petitioners
in
W.P.No.7834/2016
and
learned
counsel
Sri.Satish for petitioners in W.P.No.9474/2015, learned
counsel
Sri.B.S.Sachin
for
Mysore
Palace
Board
and
Sri.K.R.Nityananda, learned High Court Government Plead
