IN THE HIGH COURT OF' KARNATAIQAEVV '
CIRCUIT BENCH ATv'JC'§AU'I'_.:'BI$II;<'C3A "
DATED THIS THE Ioffi DAIEIQII-I"
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THE HoN'BI,,I3..MR.IIUFfil'$'3Ei'-»a'.'s.PIfrI'L
WP
BETWEEN
1.
SR] TIIIRPANI§A«.w_ ~ _ _
3/ o SHARANAPPA. PUJ.AR'}
AGED ABO'U'i'.;;35 YEARVS " .
R] 0 G0w'13ANA'2HALL.I_ VILLAGE
TQ:.'cHINcH«f)LI -- -
DIST GULBARGA -
SR1 BEKAEPPAV N-_ 3
S19 NINGAPPA MANNALLI
AGED' ABOUT"29...YBARS
'F3./'O?-.ROLI,UR VILLAGE
'A '-'.r_Q CHJNCHOLI
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" BASAVAZRAJ
31.0 MALLAPPA HATTI
AGED 'ABOUT 27 YEARS
V' I I2/0 ALLAGI (B)
VTQAAFZALPUR
' I-:».Is'r GULBARGA
_ HESRI BASAYYA
s/0 SHIVARUDRAPPA PUJAR
AGED ABOUT 24 YEARS
R] 0 KODLAWADA
TQ KUNDHOL
DIST DHARWAD
5. SR] SIDDAPPA
s/0 MALAPPA PYATI _
AGED ABOUT 36 YEARS "
R /0 BALLURGI VILLAGE
TQ AFZALPUR
DIST GULBARGA
5. SR! TAJUDDIN
s/0 MODINSAB MULLA --
AGED ABOUT 35 Y_E'ARs{ E . ,
R/0 BALLURGI VILLAGE '
TQ AFZALPUR H " V
DIST GULBARGA " ' -
7. SR] ~
s/0 sHAN_KARA'RRA'B:RADAR '
AGED AE.oUTf_;29 Y_E'fi_RS " . ''
R/O'BAI,LEJRGT*i'WLLAGE .
TQ,AFZALP{;TR.._ * -
DIST GULEARGAV V.
3. SR1 SHARANAPPAV.
s;--o NEELA.PPA'G0tJDUR
AGED ABOUT"'26._.YEARS
"R/G.--.'r»1AT1"UR
. '-TQ LINGASUGUR
V Dl€~']f"RAiCH.LI.R
" * PETITIONERS
' A' '(By siii; DARARRA P PANIBHATE -- ADV. )
FTHE UNDER SECETARY
--GOVERNMENT OF KARNATAKA
AGRICULTURE 3:. HORTICULTURE
DEPARTMENT, M S BUILDING
BANGALORE
2. THE DIRECTOR OF HORTICULTURE
LALBAGH, BANGALORE-4
3. THE DEZWJTY COMMiSSI()NEiR'
RAECHUR
4. "FEE DEPUTY COMMISSIONER
GULBARGA ' 'T
0:31' GULBARGA
5. THE DEPUTY DIRECTOR é:?.:H»0RT1CaILTURE ',
ZILLA PANCHAYA'I'_
RAKEHUR .
6. THE DEPUTY DIRECTQR 'r}'r4"V:"I:io;2f:'I¢:,Ii_,*;?UR13
ZZJLLA PANCHAYATH V "
GULBARQA'-._, . .
2:. THE sB:_N'§RF£CER"«
AFZALPUR4 ' _ j I " V.
9:83": {EULBARGEL
REZSPGNDENTS
'{8}? )
Tfils .'.1"w-.161 FILED PRAYING TO QUASH THE
'4"' 75{'iEf§'§?x'£I£«IATiC}-fii ORDER mt 27.1:..2ov:}'? Issum BY R5 VIBE
ANjNgX--.:::..'AND ETC.
THIS PETITION COMING ON F0}? PRELEMENARY HEARING
zzsz '£3' GROUPTHIS am', 'E'HE'. COURT MADE THE FOLLOWING:
ORDER
In this writ petition, petitioners”ea.re
orders dated 27.11.2007 produced F. * it
They are also seeking to to
reinstate them into is that, they
were appointed as Horticulturei.vAssisianits:iV«.h3i’i”respondents-5
and 6 on issued by the
Director of herein.
1. Eiorticuiture thin the éitiate, urgent action was taken for
for different posts such as Senior
Assistant of Horticulture, Assistant Directors of
ifluorticuiture-, Assistant Horticultme Officers, Horticulture
and Horticulturists. It is their further case that
per the Government Order dated 24.1.07, these positions
. V hwere required to be filled up for a period of one year or until
alternative arrangement was made by way of recruitment
made thmugh KPSC. They contend that though period of
one wear is not expired», let alone filling the vacancies bav
it
making regular recruitment thn:-ugh 2
Annexures-C and D, the sexvices ofllthe “.pe’it1tione;’s_L
terminated on the ground that thegtfhazre
six months of service. Henee,””v.pefitionefs’V.}iaveV_pnefened
this writ petition.
3. submits that
in terms of the made, petitioners
were rof a period of one year
or through the KPSC
wlfichexiég is submits that termination
of service six months from the date of
appoin:tmentVv vio]ates….the conditions of appointment apart
I A’=_ being’ and illegal.
l’ V. earlier occasion, this Couxt had passed
_ order” on§- 23.3.2009 dizecting the Government Advocate to
‘s_ec1ize”instructions as to whether steps have been taken to
tap the vacancies and whether respondents-2 to 6 have
u steps to renew the term of any of the candidates who
were similarly placed and also as to whether any of those
persons who were taken on tempoiaty basis are absorbed on
regular basis.
5%
5. Learned Government Advocate has it
stating that so far as the posts of Senior’
of Horticulture, Assistant D1’reetorstp llortie1.iltu,1e
Assistant Horticulture cohncernedtvf
have been filled up through regular
recruitment. In so far posts are
concerned, it is order of
stay of the toitiiiapplications, the
posts have * further stated in the
memo appointed on contract
basis of six months pursuant
to the Government VO’IidC.Iii” vide Annexure-A and all of them
Shave ‘b.ee11.A”nelieyed posts after completion of six
ii1on’ths’ It is further stated in the memo that
D0345 appointed candidates have been
_ in service.
it Having heard the learned counsel for the parties
i andon careful perusal of the materials on record, I find from
it AnI1exures–A and C that, the Government had decided to fill
up some of these posts on an adhoc measure, to meet the
contingency. There was a proposal for filling up of dijfenent
posts for a period of one year or for six monttia
the vacancies were regularly
could be seen from Annexlue-A–theAhG_oiiernment_ L»
dated 24.1.2007 it is stjptilt-ite-tirat :~;mc_i.= the V
posts are to be filled upon con.t1nc.-.t:’hasis fora of six
months and para-6a mentions to be filled up
only for a perioci _of_six yndfitfig. stated in the
Government. in iiIos.5, 6 and 8 make
it clear for a period of six
monthsiand _ ‘ i
7. Government order, An_nexu1es–
C _apnoini:inent.__o1de13 are issued to the petitioners.
.”r Ho:weve1′,., and D do not stipulate any period for
an: appointed on Contract basis, but it
on the decision taken by the competent
aiitiioritir. The letter of the Deputy Director of Horticulture
i 7.6.2007 addressed to the Senior Assistant Director of
Horticulture shows the appointment is pursuant to the
Government Order Annexure-A. If that is so, the
appointment is only for a period of six months and not
~@
beyond that. Temporaiy appointment for a not; V’
months will not clothe the petitioners with to
continue. After expiry of the oif-._six months,
of the petitioners have stood ‘ — V
8. It is also
that nobody appointed for a period
of six and similar
txeatment appointed candidates. In
these be found with the
impugned ‘
d’iszI1is”sed. * ~ ,
9. 5 ‘ » _ Hence,’ writ petition being devoid of merit is
Sd/–
JUDGE
Tbilisi i i