Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:33992 WP No. 4776 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4776 OF 2025 (S-RES) BETWEEN:
SMT.B. LATHA D/O. LATE BASAVARAJA REDDY AGED ABOUT 32 YEARS R/AT DODDASIDDAVANAHALLI VILLAGE & POST CHITRADURGA TALUK & DISTRICT-577501. …PETITIONER (BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE) AND:
1.
THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT CHITRADURGA TALUK & DISTRICT-577501.
2.
THE EXECUTIVE OFFICER TALUK PANCHAYAT CHITRADURGA TALUK & DISTRICT-577501.
3.
THE PANCHAYAT DEVELOPMENT OFFICER INGALADAL GRAMA PANCHAYAT CHITRADURGA TALUK & DISTRICT-577501.
4.
SRI. PRATHEEP M.S S/O SIDDAPPA.M.S AGED ABOUT 37 YEARS R/AT INGALADAHAL VILLAGE KASABA HOBLI CHITRADURGA TALUK & DISTRICT-577524. …RESPONDENTS
Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2025:KHC:33992 WP No. 4776 of 2025
(BY SRI. N PRAVEEN KUMAR., ADVOCATE FOR R1 TO R3:
SRI. VIJAYA SIMHA REDDY D.V, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RESOLUTION PASSED IN GENERAL BODY MEETING DATED: 30.11.2024 AT SL.NO.7 OUT OF THE PROCEEDINGS HELD IN SAID GRAMA PANCHAYATH IN RESPECT OF R-4 AS PER VIDE ANNEXURE-L CONSEQUENTLY ISSUE WRIT OF MANDAMUS DIRECTING THE R-1 TO INCLUDE NAME OF THE PETITIONER AS PER THE RECOMMENDATION OF THE R-3 HEREIN TO HRMS AS PER REPRESENTATION DATED:
01.10.2024 AS PER VIDE ANNEXURE-G 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 This writ petition is filed under Article 227 of the Constitution of India, challenging the resolution passed by the Grama Panchayat dated 30.11.2024 in respect of the fourth respondent as per Annexure-L.
2. The case of the petitioner is that she has joined the service of the third respondent – Grama Panchayat as a Computer Operator on 31.07.2007. The appointment was initially made for a period of 11 months. The appointment though was for a period of 11 months, was
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HC-KAR NC: 2025:KHC:33992 WP No. 4776 of 2025
continued from time to time. By the Government Order dated 08.08.2022 vide Annexure-M all the Grama Panchayats were directed to make payment only through HRMS of Grama Panchayat employees. Pursuant to that, the Panchayat, passed a resolution vide Annexure-L recommending the names of both the petitioner as well as the fourth respondent. Being aggrieved by the inclusion of the name of the fourth respondent, the petitioner is before this Court. 3. The learned counsel for the petitioner submits that the fourth respondent is not appointed as a Computer Operator in the third respondent – Grama Panchayat and he was not an employee of the third respondent – Grama Panchayat. He was working in the Grama Panchayat. To that effect, he has produced the attendance register vide Annexure-N. Therefore, he contended that only the petitioner’s name has to be recommended for inclusion in the HRMS for payment of salary. - 4 -
HC-KAR NC: 2025:KHC:33992 WP No. 4776 of 2025
4. The learned counsel for the fourth respondent submits that the fourth respondent is also an employee of the third respondent to include in HRMS for payment of salary. 5. The learned counsel for the third respondent – Grama Panchayat submits that, since both the employees’ name has been recommended to the Taluk Panchayat for entering their names in HRMS, in turn, the Executive Officer of the Taluk Panchayat written a letter to the Panchayat Development Officer on 03.02.2025, to send the name of one eligible person as a Clerk cum Computer Operator to enter the details in HRMS. The said communication dated 03.02.2025 has been placed along with the memo. 6. In view of the letter dated 03.02.2025, the impugned resolution vide Annexure-L needs to be quashed. 7.
Accordingly, the following order is passed:
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HC-KAR NC: 2025:KHC:33992 WP No. 4776 of 2025
(i) The writ petition stands deposed of. (ii) The impugned resolution dated 30.11.2024 vide Annexure-L is quashed. (iii) The third respondent – Grama Panchayat is
directed to consider the case of the parties as per the communication dated 03.02.2025 and recommend the eligible clerk cum data entry operator for HRMS. (iv) The third respondent is directed to complete this process as expeditiously as possible, not later than three months from the date of receipt of a copy of this order.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
CM LIST NO.: 1 SL NO.: 52