SHRIDHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners who were the employees of the 7th respondent Pattan Panchayat have approached this Court in this writ petition with a prayer to quash the order Annexure - L dtd. 2/4/2019 passed by the 7th respondent and direct the said respondent to reinstate the petitioners with all consequential benefits. The petitioners have also sought a direction to the 5TH respondent to consider the claim of the petitioners to approve their appointment as similar employees claim has been approved vide Annexure - M and to extend the similar benefits even to the petitioners.

(2.) Heard the learned counsel for the petitioners and the learned counsels for the respondents and also perused the material on record.

(3.) The petitioners were appointed to the post of Bill Collectors of Amingad Gram Panchayat on temporary basis. Subsequently, the said Gram Panchayat was upgraded as Pattan Panchayat and the employees of the Gram Panchayat including the petitioners were continued in service of Pattan Panchayat. On the allegation that the petitioners were unauthorisedly absent from duty, the 7th respondent had issued notices as per Annexures - G, H and J series calling upon the petitioners to report to duty failing which appropriate legal action would be taken against them. Inspite of service of the said notices, the petitioners allegedly had not reported to duty nor had they replied to the notices which were issued to them by the 7th respondent. The 7th respondent therefore had sought opinion / clarification from the 4th respondent, who in turn had issued a communication to the 7th respondent to discharge the petitioners from duty in accordance with law. Thereafter, the 7th respondent has issued the impugned order at Annexure - L dtd. 2/4/2019 dismissing the petitioners from service on the ground of unauthorized absence. It is under these circumstances, the petitioners are before this Court.