Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1131 WP No. 31897 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 31897 OF 2024 (S-RES) BETWEEN:
SMT S BHARATHI W/O LATE KRISHNAMURTHY AGED ABOUT 42 YEARS R/AT HEJJIGE VILLAGE, K S HUNDI POST NANJANGUD TALUK MYSURU DISTRICT-571301 …PETITIONER (BY SRI. KUMARA K G, ADVOCATE) AND:
1.
THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU-570001
2.
THE COMMISSIONER HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT CHARANJEET, A V ROAD, SRI MINTO ANJANEYA BHAVAN BENGALURU-560018
3.
THE SECRETARY SRI SRIKANTHESHWARA SWAMY TEMPLE NANJANGUD-571301 …RESPONDENTS (BY SRI.N.SHIVAREDDY, AGA)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO CONSIDER REPRESENTATION DATED 08/07/2016 (ANN-B) AND
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:1131 WP No. 31897 of 2024
DIRECT THE RESPONDENTS TO APPOINT THE PETITIONER ON THE BASIS OF CONTRACTUAL IN THE R3 TEMPLE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT
ORAL ORDER
Petitioner is before this Court under Article 226 of the Constitution of India with a prayer for mandamus directing the respondent No.1 to consider representation dated 08.07.2016 (Annexure-B) and appoint her on contractual basis in the third respondent – Temple.
2. Heard the learned counsel Sri.Kumara.K.G., for petitioner and learned Additional Government Advocate Sri.V.Shivareddy for respondent Nos.1 and 2, who has taken notice at the instance of the Court. Perused the writ petition papers.
3.
Learned counsel for the petitioner would submit that petitioner is the daughter of one Late Krishnamurthy who was working as ‘D’ group employee at third respondent-Temple. It is submitted that father of the
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NC: 2025:KHC:1131 WP No. 31897 of 2024
petitioner died on 29.05.2016 and on his death, petitioner is working in third respondent-Temple on contract basis.
Learned counsel for the petitioner would submit that the petitioner has submitted representation at Annexure-B to the third respondent to consider and appoint her on compassionate ground, taking note of her qualification, which is pending consideration.
4. Per contra, learned Additional Government Advocate for respondent Nos.1 and 2 would submit that there is no provision for the employees who are working in the Temples under the second respondent Department in terms of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997, (for short, ‘1997 Act’). Further, learned Additional Government Advocate would bring to the notice of this Court judgment dated 31.01.2024 in W.A.No.100427/2022, wherein this Court has specifically held that no scheme or Rule is available for compassionate appointment to the employees of notified temple in the second respondent-Department.
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NC: 2025:KHC:1131 WP No. 31897 of 2024
5. Having heard the learned counsel appearing for the parties and on perusal of the writ petition papers, I am of the view that the petitioner would not be entitled for any relief.
6. The petitioner’s father was admittedly working as Group-D employee in third respondent-Temple. The Division Bench of this Court in W.A.No.100427/2022 by its
judgment a 31.01.2024 has held that there is no provision either under the 1997 Act or under the Karnataka Hindu Religious Institutions and Charitable Endowment Rules 2002 for appointment of legal representative of the Temple Servants and Archakas on compassionate ground.
7. Following the judgment in W.A.No.100427/2022 dated 31.01.2024, this writ petition stands dismissed.
Sd/- (S.G.PANDIT) JUDGE
NC List No.: 1 Sl No.: 27