1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 31 ST DAY OF JULY 2014 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY WRIT PETITIONS NO.8588-8601 OF 2010 (S-RES) C/W WRIT PETITIONS NO. 17191-211 OF 2010 AND WRIT PETITIONS NO.1077-491 OF 2011 WP NOS.8588-8601/10 BETWEEN: 1. KARNATAKA RAJYA RASTREEYA GRAMEENA UDYOG KHATRI YOJANE NOUKARARA SANGHA (REGD) REPTD BY ITS GENERAL SECRETARY HAVING ITS OFFICE AT NO.20/2, V.G. GOPAL BUILDING, LALBAGH, FORT ROAD, BANGALORE-560004 2. SRI ASHOK KUMAR S/O SRI SHREEKANTAPPA AGED ABOUT 37 YEARS, WORKING AS ACCOUNTANT-CUM-DATE ENTRY OPERATOR, GRAM PANCHAYAT, KANAKATTE, ARASIKERE TQ. HASSAN DIST. 3. SRI RANGACHARY S/O BALACHARY AGED ABOUT 42 YEARS, WORKING AS ACCOUNTANT-CUM-DATE ENTRY OPERATOR, GRAM PANCHAYAT GUNDOOR, BASAVAKALYAN Q. BIDAR DIST. 2 4. SRI BHEEMASEN S/O PRAHLADACHARY AGED ABOUT 32 YEARS, WORKING AS ACCOUNTANT-CUM-DATE ENTRY OPERATOR, GRAM PANCHAYAT KEMBHAVI, SHORAPUR TQ. GULBARGA DIST 5. SRI SURESH S/O SRI NINGAPPA AGED ABOUT 37 YEARS, WORKING AS ACCOUNTANT-CUM-DATE ENTRY OPERATOR, GRAM PANCHAYAT MATTAHALLI, HARAPANAHALLI TQ. DAVANAGERE DIST. 6. SRI MARALING S/O SRI BHIMSHA AGED ABOUT 32 YEARS, WORKING AS ACCOUNTANT-CUM-DATA ENTRY OPERATOR, GRAMA PANCHAYAT KARDAL TQ & DIST. GULBARGA 7. SRI NAGARAJ S/O SRI BHEEMANNA30 AGED ABOUT 32 YEARS, WORKING AS ACCOUNTANT-CUM-DATA ENTRY OPERATOR, GRAMA PANCHAYAT HAYYAL, SHAHAPURA TQ. GULBARGA DIST. 8. SRI FAREED S/O MAHEBOOB SAB AGED ABOUT 42 YEARS, WORKING AS ACCOUNTANT-CUM-DATA ENTRY OPERATOR, GRAMA PANCHAYAT BALABATTI, JEWARGI TQ. GULBARGA DIST. 9. SRI NAGARAJ M MELAGIREPPA S/O MELAGIREPPA AGED ABOUT 37 YEARS, WORKING AS ACCOUNTANT-CUM-DATA ENTRY OPERATOR, GRAMA PANCHAYAT GOGI (P), TALUK SHAHPURA,DIST. YADGIR 3 10.SRI YALLAPPA B GURJAL S/O BASANNA AGED ABOUT 42 YEARS, WORKING AS ACCOUNTANT-CUM-DATA ENTRY OPERATOR, GRAMA PANCHAYAT KAKKASAGERE, TQ SHAHAPUR, DIST. YADGIR 11.SRI SHIVALINGAPPA S/O REVANASIDDAPPA AGED ABOUT 42 YEARS, WORKING AS ACCOUNTANT-CUM-DATA ENTRY OPERATOR, GRAMA PANCHAYAT HEBBAL, CHITTAPURA TQ. GULBARGA DIST. 12.AMRUT S/O SIDRAMAPPA AGED ABOUT 38 YEARS, WORKING AS ACCOUNTANT-CUM-DATA ENTRY OPERATOR, GRAMA PANCHAYAT BEEMANALLI, TQ & DIST.GULBARGA 13.SRI NAZEERUDDIN S/O HUSUNADDIN AGED ABOUT 31 YEARS, WORKING AS ACCOUNTANT-CUM-DATA ENTRY OPERATOR, GRAMA PANCHAYAT SANNUR, TQ & DIST.GULBARGA 14.SRI KOTREH S/O SRI PARASHAPPA AGED ABOUT 28 YEARS, WORKING AS ACCOUNTANT-CUM-DATA ENTRY OPERATOR, GRAMA PANCHAYAT TALAVAGOLA, TQ. HARAPPANAHALLI, DIST. DAVANAGERE …PETITIONERS (BY SRI SUBBARAO, SR. COUNSEL FOR M/S.SUBBARAO & CO.) 4 AND: 1. THE UNION OF INDIA REP BY THE SECRETARY TO GOVERNMENT MINISTRY OF RURAL DEVELOPMENT DEPARTMENT OF RURAL DEVELOPMENT NEW DELHI 2. THE STATE OF KARNATAKA REPTD BY THE SECRETARY TO GOVERNMENT RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, VIKAS SOUDHA BANGALORE-560001 3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, BIDAR 4. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, GULBARGA 5. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, RAICHUR 6. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, DAVANAGERE 7. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, CHITRADURGA 8. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, BELLARY 5 9. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, HASSAN 10.THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, SHIMOGA 11.THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, KODAGU 12.THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, CHICKMAGALUR 13.THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, BELGAUM 14.THE DEPUTY DIRECTOR, GOVERNMENT OF KARNATAKA MGNREGS CUM-TENDER INVITING AUTHORITY, RDPR DEPARTMENT 2ND FLOOR, 3 RD PHASE, M.S.BUILDING, BANGALORE-560 001. …RESPONDENTS (BY SMT.M.S.PRATHIMA, HCGP FOR R2, SRI.S.KALYAN BASAVARAJ, ADV. FOR R1 SRI.ASHOK N NAYAK, ADV. FOR R11 & 12 SRI.S.SHIVAKUMAR, ADV. FOR R3 & 7, SRI.K.G.SHANTHAPPA, ADV. FOR R8 & 9) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS OF THE CASE THE PETITIONERS THE FOLLOWING RELIEFS AND QUASH THE ORDER DT. 5.6.2009 6 ISSUED BY THE GOVERNMENT IN THE DEPARTMENT OF RURAL DEVELOPMENT & PANCHAYAT RAJ, VIDE ANX-L, AS THE SAID ORDER IS ARBITRARY, CAPRICIOUS, IRRATIONAL, UNJUST AND UNSUSTAINABLE AND, HENCE, VIOLATIVE OF ARTICLES 14, 16 AND 21 OF THE CONSTITUTION OF INDIA IN SO FAR AS PETITIONERS CONCERNED. WP NOS. 17191-211 OF 2010 BETWEEN : 1. PRAKASH K R AGED ABOUT 31 YEARS, S/O K.H RAJAPPAGOWDA PRESENTLY WORKING AS MNREGA ASST., KOLUR GRAM PANCHAYATH, TALUK: SAGAR, DIST: SHIMOGA 2. AMRUTHRAJ H M AGED ABOUT 23 YEARS, S/O MANJUNATH H R PRESENTLY WORKING AS MNREGA ASST. HOSANTHE VILLAGE, NICHADI OST, TALUK: SAGAR, DIST: SHIMOGA 3. SAVERI DESOZA AGED ABOUT 28 YEARS, S/O KASHMIR DESOZA PRESENTLY WORKING AS MNREGA ASST. YEDEHALLI VILLAGE, ANANDAPURAM POST, TALUK: SAGAR, DIST: SHIMOGA 4. RAJESH V AGED ABOUT 33 YEARS, S/O K VENKATAGIRI PRESENTLY WORKING AS MNREGA ASST. GENESINAKUNI POST TALUK: SAGAR, DIST: SHIMOGA 7 5. ROOPA M V AGED ABOUT 25 YEARS, D/O VEERAPPA K G PRESENTLY WORKING AS MNREGA ASST. MUNGARAVALLI VILLAGE, BHEEMANAKONE POST TALUK: SAGAR, DIST: SHIMOGA 6. GANAPATHI AGED ABOUT 26 YEARS, S/O KANNAPPA PRESENTLY WORKING AS MNREGA ASST. ATTISALE VILLAGE SAIDUR GRAM PANCHAYATH, TALUK: SAGAR, DIST: SHIMOGA 7. ESHWARAPPA A H AGED ABOUT 30 YEARS, S/O AJJAPPA PRESENTLY WORKING AS MNREGA ASST. HIRENALLUR GRAM PANCHAYATH TALUK: SAGAR, DIST: SHIMOGA 8. KALAVATHI N AGED ABOUT 24 YEARS, D/O NARAYANAPPA PRESENTLY WORKING AS MNREGA ASST. GADEMANE VILLAGE, KANALE POST TALUK: SAGAR, DIST: SHIMOGA 9. SUDHAKARA P M AGED ABOUT 22 YEARS, S/O PRABHAKARA PRESENTLY WORKING AS MNREGA ASST. MAKODU VILLAGE SASARAVALLI POST TALUK: SAGAR, DIST: SHIMOGA 10.NAGARAJ AGED ABOUT 24 YEARS, S/O THIPPANNA PRESENTLY WORKING AS MNREGA ASST. 8 KODASUR VILLAGE, KANDIKA POST TALUK: SAGAR, DIST: SHIMOGA 11.SMT SHOBHA G AGED ABOUT 31 YEARS, W/O NAGARAJ B L PRESENTLY WORKING AS MNREGA ASST. UPPALLI VILLAGE, M.L HALLI POST, TALUK: SAGAR, DIST: SHIMOGA 12.MALLIKA AGED ABOUT 23 YEARS, D/O BASAVARAJ PRESENTLY WORKING AS MNREGA ASST MALVE DIMBA, MALVE POST, TALUK: SAGAR, DIST: SHIMOGA 13.KRISHNAMURTHY H AGED ABOUT 27 YEARS, S/O HANUMANTHAPPA PRESENTLY WORKING AS MNREGA ASST JIGALEMANE VILLAGE, HULLUR POST TALUK: SAGAR, DIST: SHIMOGA 14.SMT NAGARATHNA AGED ABOUT 32 YEARS, W/O BASAVARAJ PRESENTLY WORKING AS MNREGA ASST JEDISARA VILLAGE, ANANDAPURA POST TALUK: SAGAR, DIST: SHIMOGA 15.PRASANNA KUMAR K S AGED ABOUT 32 YEARS, S/O SHANKARAPPA PRESENTLY WORKING AS MNREGA ASST BHEEMANAKONE POST TALUK: SAGAR, DIST: SHIMOGA 9 16.LOKESH S AGED ABOUT 25 YEARS, S/O SRIDHARA PRESENTLY WORKING AS MNREGA ASST JADAGADDE VILLAGE, HAMSAGAR POST TALUK: SAGAR, DIST: SHIMOGA 17.J B LOKESHA AGED ABOUT 37 YEARS, S/O BANGARAPPA JANNEHAKKALU VILLAGE, SIRAVANTHE POST TALUK: SAGAR, DIST: SHIMOGA 18.KUM. LOLAKSHI AGED ABOUT 30 YEARS, D/O ADARANTHE KARIYAPPA JANNEKALLU VILLAGE, SIRAVANTHE POST TALUK: SAGAR, DIST: SHIMOGA 19.PRASHANTHKUMAR H AGED ABOUT 27 YEARS, SO VRUSHABARAJ HARIGE VILLAGE, BYAKOD POST TALUK: SAGAR, DIST: SHIMOGA 20.SMT SOUMYA AGED ABOUT 26 YEARS, W/O SRIKANTH S.P AMATEKOPPA VILALGE, BHEEMANAKONE POST TALUK: SAGAR, DIST: SHIMOGA 21.S CHANDRASHEKAR AGED ABOUT 28 YEARS, S/O SHIVAPPA TYAGARTHI VILLAGE & POST TALUK: SAGAR, DIST: SHIMOGA …PETITIONERS (BY SRI.AJAY KUMAR PATIL, ADV.) 10 AND 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPT OF PANCHAYATRAJ & RURAL DEVELOPMENT , M S BUILDING, DR B R AMBEDKAR ROAD, BANGALORE-560001 2. CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH SHIMOGA DISTRICT - 577201 3. EXECUTIVE OFFICER & PROGRAMME OFFICER M G N R E G A TALUK PANCHAYATH SAGAR, DIST SHIMOGA - 577401 4. THE SECRETARY KOLUR GRAM PANCHAYATH TALUK SAGAR DIST SHIMOGA - 577401 5. THE SECRETARY HIREBALAGUNJI GRAM PANCHAYATH TALUK SAGAR, DIST SHIMOGA - 577401 6. THE SECRETARY YEDEHALLI GRAM PANCHAYATH TALUK SAGAR, DIST SHIMOGA - 577401 7. THE SECRETARY HAVINAHALLI GRAM PANCHAYATH TALUK SAGAR DIST SHIMOGA - 577401 8. THE SECRETARY KALMANE GRAM PANCHAYATH TALUK SAGAR, DIST SHIMOGA - 577401 11 9. THE SECRETARY SAIDUR GRAA PANCHAYATH TALUK SAGAR, DIST SHIMOGA - 577401 10. THE SECRETARY HIRENALLUR GRAM PANCHAYATH TALUK SAGAR DIST SHIMOGA - 577401 11. THE SECRETARY KANALE GRAM PANCHAYATH TALUK SAGAR DIST SHIMOGA - 577401 12. THE SECRETARY YEDAJIGALEMANE GRAM PANCHAYATH TALUK SAGAR DIST SHIMOGA - 577401 13. THE SECRETARY KANDIKA GRAM PANCHAYATH TALUK SAGAR DIST SHIMOGA - 577401 14. THE SECRETARY PADAVAGODU GRAM PANCHAYATH TALUK SAGAR DIST SHIMOGA - 577401 15. THE SECRETARY MALVE GRAM PANCHAYATH TALUK SAGAR DIST SHIMOGA - 577401 16. THE SECRETARY ULLUR GRAM PANCHAYATH TALUK SAGAR DIST SHIMOGA - 577401 17. THE SECRETARY ANANDAPURA GRAM PANCHAYATH TALUK SAGAR DIST SHIMOGA - 577401 18. THE SECRETARY MASURU GRAM PANCHAYATH TALUK SAGAR DIST SHIMOGA - 577401 12 19. THE SECRETARY MARATHUR GRAM PANCHAYATH TALUK: SAGAR, DIST: SHIMOGA 20. THE SECRETARY SHIRAVANTHE GRAM PANCHAYATH TALUK: SAGAR, DIST: SHIMOGA 21. THE SECRETARY HOSUR GRAM PANCHAYATH TALUK: SAGAR, DIST: SHIMOGA 22. THE SECRETARY HUDARURU GRAM PANCHAYATH TALUK: SAGAR, DIST: SHIMOGA 23. THE SECRETARY BHEEMAKONE GRAM PANCHAYATH TALUK: SAGAR, DIST: SHIMOGA 24. THE SECRETARY THYAGARTHI GRAM PANCHAYATH TALUK: SAGAR, DIST: SHIMOGA ... RESPONDENTS (BY SMT.PRATHIMA, HCGP FOR R1) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE GOVERNMENT ORDER DATED 05.06.2009 ISSUED WHICH IS PRODUCED AS ANNEXURE D IN SO FAR AS IT RELATES TO OUTSOURCING THE SERVICES OF STAFF OF GRAM PANCHAYATHS ENGAGED IN THE IMPLEMENTATION OF NREGA SCHEME & DIRECT THE RESPONDENTS NOT TO TERMINATE THE SERVICES OF THE PETITIONERS FROM THE POST OF NREGA ASSISTANTS. 13 WP NOS.1077-491 OF 2011 BETWEEN 1. KARNATAKA RAJYA RASTREEYA GRAMEENA UDYOGA KHATRI YOJANE NOUKARARA SANGHA (R), HAVING ITS REGD., OFFICE AT NO. 20/2, V.G.GOPAL BUILDG., LALBAGH FORT ROAD, BANGALORE REP. BY ITS GEN. SECY., 2. SMT. SAHANA W/O MALLESH AGED ABOUT 26 YEARS, ACCOUNTANT CUM DATE ENTRY OPERATOR MADALU GRAMA PANCHAYAT ARASIKERE TALUK HASSAN DIST.