D NARAYANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT petition by a person who is presently working as a 'watermen' in the respondent 4-Honnudike Grama Panchayat, Gulur Hobli, Tumkur Taluk and District who is basically aggrieved by the appointment of respondent 5 to the post of 'bill collector' in terms of as many as three resolutions passed by the fourth respondent-Honnudike Grama Panchayat.

(2.) THE Panchayat in its meeting held on 4-7-2003 and as recorded on 21-7-2003 (copy at Annexure-R1) had resolved to appoint the fifth respondent as a bill collector at its office, as an incumbent in the office had retired. THE Panchayat had for such purpose invited applications from eligible persons by putting up a notification in this regard on its notice board.

(3.) IT appears, in the meanwhile, the fifth respondent filed W.P. No. 1416 of 2005 before this Court, praying for issue of a writ of mandamus to direct the Chief Executive Officer, Zilla Panchayat, Tumkur to accord approval to the resolution of the Panchayat appointing him as the bill collector, particularly when the Appellate Authority having vacated the order of stay against the resolution. The fifth respondent had also sought for payment of salary etc. Interestingly, the petitioner was not a party to this writ petition, and the writ petition came to be disposed of by this Court in terms of the order dated 23-9-2005 (copy at Annexure-F), inter alia, observing that the writ petitioner had the liberty to represent the approving authority and the approving authority, if such representation is made, to consider the same and pass appropriate orders thereon.