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2025 DAILYLAW 72042 (KAR)

SRI MANJUNATH SABALLI v. THE STATE OF KARNATAKA

WP/6471/2025 · 2025-08-06

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30541 WP No. 6471 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6471 OF 2025 (S-RES) BETWEEN: SRI MANJUNATH SABALLI S/O ANNAPPA SABALLI AGED ABOUT 35 YEARS WORKING AS JAWANA GROUOP-D EMPLOYEE AT BACK WARD CLASSES WELFARE DEPARTMENT HARIHARA, 4TH MAIN ROAD J. C. EXTENSION. D.R.M. PU COLLAGE GROUND HARIHARA, DAVANAGERE DIST-577002 …PETITIONER (BY SRI. MADHUKAR NADIG., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY IT'S SECRETARY DEPARTMENT OF BACK WARD CLASSES WELFARE VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU- 560001. 2. THE BACK WARD CLASSES WELFARE DEPARTMENT NO. 16/D, DEVRAJ URS BHAVAN 3RD FLOOR, MILLERS TANK BED AREA VASANTH NAGAR, BANGALORE-560 052 REP. BY IT'S COMMISSIONER. 3. THE BACK WARD CLASSES WELFARE DEPARTMENT INDUSTRIAL AREA, ROOM NO.46 DC OFFICE, P.B.ROAD Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30541 WP No. 6471 of 2025 DAVANAGERE -577002 REP. BY DISTRICT WELFARE OFFICER DAVANAGERE. 4. THE TALUK BACK WARD WELFARE OFFICER THE BACK WARD CLASS WELFARE DEPARTMENT 4TH MAIN ROAD, J.C. EXTENSION D.R.M. PU COLLAGE GROUND HARIHARA DAVANAGERE DISTRICT-577002. …RESPONDENTS (BY SRI.VIKAS R AGA, FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE RESPONDENTS TO TAKE NECESSARY MEASURES THROUGH POLICY DECISION OF SCHEME TO REGULARIZE THE PETITIONER IN TO THE SERVICE HELD BY HIM AS GROUP-D IN THE FOURTH RESPONDENT BY PASSING NECESSARY ORDERS OR DIRECTIONS IN THIS REGARD BY CONSIDERING THE LENGTH OF SERVICE WORKED AS GROUP- D EMPLOYEE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER At the outset, learned AGA raised a preliminary objection regarding maintainability of the writ petition on the ground that since the petitioner is working *at Backward classes Welfare Department, he is a Civil Servant and he has *Corrected vide Court order dated: 22.08.2025 - 3 - HC-KAR NC: 2025:KHC:30541 WP No. 6471 of 2025 to approach the Karnataka State 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) 3 SCC 261. 3. In view of the above, the writ petition is disposed of, reserving liberty to the petitioner to approach the appropriate legal forum. All contentions of the parties are left open. Registry is directed to return the original or certified copies of the documents, if any, to the - 4 - HC-KAR NC: 2025:KHC:30541 WP No. 6471 of 2025 petitioner, after retaining the Xerox copies of the same. The interim order granted by this Court on 06.03.2025 is extended for a further period of two weeks. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 43