Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:33366 WP No. 44561 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 44561 OF 2016 (S-RES) BETWEEN:
1.
ANANDA A S/O MONAPPA GOWDA AGED 49 YEARS SECRETARY GRADE-I KADABA GRAMA PANCHAYATH PADNOOR VILLAGE AND POST PUTTUR TALUK,D.K.DISTRICT-571204.
2.
SHEKHARA GOWDA S/O RUKMAYYA GOWDA AGED 52 YEARS SECRETARY GRADE-I BANOORU GRAMA PANCHAYATH, PUTTUR TALUK,D.K.DISTRICT-571204.
3. K.M.SUBRAMANYA S/O MAMANNA GOWDA AGED 51 YEARS SECRETARY GRADE-I KEDAPADI GRAMA PANCHAYATH MANGALORE TALUK,D.K.DISTRICT-571204.
4.
JINAPPA GOWDA S/O MAMANNA GOWDA AGED 50 YEARS SECRETARY GRADE-I GUNJMATA GRAMA PANCHAYATH MANGALORE TALUK D.K.DISTRICT-571204. …PETITIONERS (BY SRI. B S SACHIN, ADVOCATE)
Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2025:KHC:33366 WP No. 44561 of 2016
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ M.S. BUILDING, BANGALORE-560 001.
2.
THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH MANGALORE,DK.DISTRICT-575001.
3.
THE DEPUTY COMMISSIONER (DEVELOPMENTS) ZILLA PANCHAYATH MANGALORE,D K.DISTRICT-575001.
4.
K. CHANDRAMATHI AGED ABOUT 50 SECRETARY GRADE-I KABAKA GRAM PANCHAYATH PUTTUR TALUK, D.K.DISTRICT-571204.
5. JAYAPRAKASH AGE MAJOR SECRETARY GRADE-I BELANDUR GRAM PANCHAYATH PUTTUR TALUK, D.K.DISTRICT-571204. …RESPONDENTS (BY SRI SIDHARTH BABU RAO, AGA. FOR R1 & R3:
SRI J MOHANDAS SHETTY, ADVOCATE FOR R2:
SRI A KESHAVA BHAT, ADVOCATE FOR R4 & R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED:9.10.2015 AS PER ANNEXURE-A COPY OF THE ENDORSEMENT DATED:9.10.2015 AS PER ANNEXURE-B PASSED BY THE R-2 QUASH THE IMPUGNED ENDORSEMENT/ORDER
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HC-KAR NC: 2025:KHC:33366 WP No. 44561 of 2016
DATED:23.12.2015 AS PER ANNEXURE-C PASSED BY THE R-2 ALONG WITH SENIORITY LIST PREPARED BY THE R-2 ON 1.1.2015 IN RESPECT OF THE POST OF SECRETARY GRADE-I AS PER ANNEXURE-D 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
1. At the outset, learned counsel for respondent No.2 raised a preliminary objection regarding the maintainability of the writ petition on the ground that the petitioner is a Secretary Grade I of Kadaba Grama Panchayath and holds a civil post. Therefore, he has 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(2) SCR 1186.
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HC-KAR NC: 2025:KHC:33366 WP No. 44561 of 2016
3. In view of the above, the writ petition is disposed of, reserving liberty for the petitioner to approach the appropriate legal forum.
4. All pending I.As. in this writ petition, if any, are
disposed of accordingly.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA LIST NO.: 1 SL NO.: 30