- 1 - NC: 2025:KHC-D:1775 WP No. 105704 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105704 OF 2024 (S-RES) BETWEEN: RAVIRAJ S/O. DURAGAPPA NEELAMMANAVAR, AGE. 44 YEARS, OCC. NIL, R/O. 97, HARJANGALLI, AT PO. KYALKONDA- 581126, TQ AND DIST. HAVERI. …PETITIONER (BY SRI MALLIKARJUN S. HIREMATH, ADVOCATE) AND: THE TAHASILDAR, SHIGGAON, OFFICE OF THE TAHASILDAR, SHIGGAON- 581205, DIST. HAVERI. …RESPONDENT (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER NO.TAHSGN- LRMOVATA/3/2024-KLR, DT. 01.06.2024 PASSED BY THE RESPONDENT (ANNEXURE-D). ISSUE WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT, IN THE ALTERNATIVE, TO ACCOMMODATE THE PETITIONER SUITABLY IN ANY OF THE VACANT POST UNDER HIS JURISDICTION BY CONSIDERING HIS REPRESENTATION AT ANNEXURE-F, DT. 22.07.2024. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:1775 WP No. 105704 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) Heard Sri Mallikarjun S. Hiremath, learned counsel for petitioner and Sri Sharad V. Magadum, learned AGA for respondent. 2. The petitioner was appointed as Grama Sahayak on honorarium on 13.12.2012. His appointment comes about on account of the termination of the incumbent from his appointment. 3. It transpires that the person who was terminated, approaches the Labour Court, challenging the order of termination/dismissal. The Labour Court sets aside the order of dismissal and directs reinstatement of the said employee. His reinstatement leads to termination of the employment of the petitioner. 4. The learned counsel for petitioner submits that there are still vacancies in the respondent-office and he could be accommodated in any post, in the light of the fact - 3 - NC: 2025:KHC-D:1775 WP No. 105704 of 2024 that he has worked for 12 years as Grama Sahayak. Learned counsel would also submit that in identical circumstance, the Coordinate Bench has passed the following order: “Though, this Writ Petition is listed for preliminary hearing, with the consent of learned counsel on both the sides, it is heard finally. 2. In this petition, the petitioner has assailed the order dated 25.06.2010 (Annexure ‘G’) and has sought a direction to the respondent to consider the representation dated 03.03/2010 (Annexure 'F') for the post of Grama Sevak. 3. It is the case of the petitioner that he had made an application dated 18.07.2008 for being considered for appointment to the post of Gram Sevak, however, the said application was considered not and instead one Sri.Chandrakant S/o. Neelappa Kammar was appointed as Grama Sevak by order dated 08.08.2008 passed by the respondent herein. Being aggrieved by the same, the petitioner had filed a Writ Petition No.30840/2008 [S-RES]. The said Writ Petition was dismissed on 17.02.2010 observing that since the 3rd respondent in the said writ petition i.e.. Sri. Chandrakant S/o. Neelappa Kammar was working as a Village Assistant [Grama Sevak] and the petitioner's application be considered, if he was found eligible in accordance with law. 4. Pursuant to the said direction, the respondent has passed the order dated 25.06.2010 stating that there is no vacancy in the post of Gram Sevak. Being aggrieved by the said order, this Writ Petition has been filed. 5. I have heard the learned counsel appearing for the petitioner and the learned Government Pleader for the respondent and perused the material on record. - 4 - NC: 2025:KHC-D:1775 WP No. 105704 of 2024 6. Since, presently, there is no vacancy in the post of Grama Sevak, the application filed by the petitioner dated 18.07.2008 and the subsequent representation made by him has to be considered by the respondent as and when a vacancy arises. The reasons for issuing such a direction is on account of the fact that, ignoring the application filed by the petitioner herein dated 18.07.2008, the respondent has passed an order on 08.08.2008 appointing Sri. Chandrakant S/o. Neelappa Kammar as a Grama Sevak. Further, in view of the order dated 17.02.2010 passed in the Writ Petition No.30840/2008 and having regard to the fact that presently. there is no vacancy in the post of Grama Sevak, the only direction that can be issued is to consider the application dated 18.07.2008 and the subsequent representation made by the petitioner as and when a vacancy arises anywhere in Shiggoan Taluk in the post of Grama Sevak, in accordance with law.” 5. In that light, I deem it appropriate to follow suit by directing the respondent to consider the case of the petitioner, in terms of his representation and as and when vacancy arises anywhere in Haveri Taluk, in the post of Grama Sahayak, in accordance with law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA List No.: 1 Sl No.: 73