MAITRA ADANANGOUDA EMMIYAVAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, petitioner has challenged the resolution dtd. 30/6/2021 passed by respondent No.4- Cholachagudda Gram Panchayat, Badami Taluk, Bagalkot District. It is the case of the petitioner that petitioner was appointed as Attender to the respondent No.4-Grama Panchayat by resolution dtd. 9/6/2014 and her appointment was approved by the respondent No.2 herein on 28/7/2014. It is further stated that one Shankrappa Karakikatti, who was working as a Bill Collector in respondent No.4 died on 12/8/2020 and therefore, the said post become vacant. It is the case of the petitioner that the son of the deceased-Shankarappa Karkikatti has been appointed on compassionate ground to the post of Bill collector, which is contrary to the Notification dtd. 29/9/2020 (Annexure-C), accordingly, the petitioner has presented this writ petition on the ground that the respondent-authorities ought to have considered the case of the petitioner for promotion to the post of Bill Collector and accordingly sought or interference of this Court.

(2.) Heard Sri Prakash N. Hosamane, learned counsel appearing for the petitioner; Sri Shivaprabhu S. Hiremath, learned Additional Government Advocate for the respondent- State and Sri Bhushan B. Kulkarni, learned counsel appearing for respondents 2 to 4; and Sri Sourabh A. Sondur, learned counsel appearing for the respondent No.5.

(3.) Sri Pakash N. Hosamane, learned counsel appearing for the petitioner invited the attention of the court to the notification dtd. 29/9/2020, particularly with regard to the mode of appointment to the post of Bill Collector and submitted that the appoint to the post of Bill Collector is by way of promotion and therefore, as the petitioner herein is qualified, she is to be promoted to the said post and non- consideration of the case of the petitioner for promotion disentitles his legal right to the post and accordingly, he argued that the case of the petitioner has to be considered to the post of Bill Collector in the respondent No.4-Panchayat.