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2025 DAILYLAW 29288 (KAR)

MR PAVAN S V v. THE SECRETARY

WP/18130/2025 · 2025-06-24

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21930 WP No. 18130 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.18130 OF 2025 (S-RES) BETWEEN: MR. PAVAN S.V. AGED ABOUT 29 YEARS, S/O. LATE R. VIJAY KUMAR, R/AT. NO.218, TATTVA NILAYA, 8TH MAIN ROAD, DWARAKANAGARA, CHANNASANDRA, UTTARAHALLI MAIN ROAD, BANGALORE-560098. …PETITIONER (BY SRI C.V. SRINIVASA, ADVOCATE) AND: 1. THE SECRETARY, PUBLIC WORKS DEPARTMENT, ROOM NO.334, 3RD FLOOR, VIKASA SOUDHA, BANGALORE 560001. 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, COMMUNICATIONS & BUILDINGS SOUTH ZONE, NRUPATHUNGA ROAD, AMBEDKAR VEEDI, SAMPANGI RAMANAGARA, BANGALORE - 560 001. 3. THE REGIONAL COMMISSIONER BENGALURU DIVISION, 2ND FLOOR, B.M.T.C. BUILDING, Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21930 WP No. 18130 of 2025 SHANTI NAGAR, BENGALURU-560027. 4. THE COMMISSIONER BACKWARD CLASS WELFARE DEPARTMENT, NO.16/D, 3RD FLOOR, D. DEVRAJ URS BHAVAN, MILLERS TANK BED ARES, VASANTHANAGARA, BANGALURU-560052. …RESPONDENTS (BY SRI BHOJEGOWDA T. KOLLER, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE GENERAL ORDER ISSUED BY THE 2ND RESPONDENT AND CONSEQUENTLY QUASH THE ALLOCATION ORDER DATED 19/04/2025, ISSUED BY THE 3RD RESPONDENT PRODUCED AS (ANNEXURE - V AND Y RESPECTIVELY) AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN THE EYE OF LAW IN SO FAR AS PETITIONER HEREIN; ISSUE A WRIT OF MANDAMUS DIRECTING 2ND RESPONDENT TO ISSUE ORDER OF EMPLOYMENT ON COMPASSIONATE GROUNDS IN SO FAR AS PETITONER HEREIN CONCERNED IN PUBLIC WORKS DEPARTMENT BY CONSIDERING THE VACANCIES AVAILABLE IN THE PUBLIC WORKS DEPARTMENT. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - HC-KAR NC: 2025:KHC:21930 WP No. 18130 of 2025 ORAL ORDER At the outset, learned AGA raised objection with regard to maintainability of the writ petition on the ground that the matter related to the civil service and petitioner has to approach the Karnataka Administrative Tribunal. 2. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the hands of a writ Court, as the Court of first instance, in the light of the decision of the Apex Court in the case of L.Chandra Kumar vs. Union of India and others reported in 1997(2) SCR 1186. 3. In view of the above, the writ petition is disposed of, reserving liberty to the petitioner to approach the Karnataka Administrative Tribunal. Sd/- (H.T. NARENDRA PRASAD) JUDGE MBM List No.: 1 Sl No.: 10