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CDJ 2025 Kar HC 1858 print Preview print print
Court : High Court of Karnataka (Circuit Bench At Dharwad)
Case No : Writ Petition No. 111127 of 2017 (S-RES)
Judges: THE HONOURABLE MR. JUSTICE M. NAGAPRASANNA
Parties : Manjula & Others Versus The Cxhief Executive Officer, Zilla Panchayat, Haveri & Others
Appearing Advocates : For the Petitioners: S. G. Kadadakatti, Advocate. For the Respondents: R4 & R8, Girija S. Hiremath, HCGP, R5 & R7, V.S. Bichagatti, Advocate.
Date of Judgment : 15-12-2025
Head Note :-
Constitution of India – Articles 226 & 227 – Writ of Mandamus – Service Law – Assistant Cooks in Government Higher Primary School – Threat of Termination – No Adverse Order – Maintainability – Writ Petition – Petitioners sought direction to restrain respondents from terminating their services; Held, no termination, discharge or adverse order passed; writ not maintainable in absence of enforceable cause of action; petitioners continuing in service shall not be disturbed except in accordance with law; if already terminated, remedy lies elsewhere.

Court Held – Writ Petition disposed of (directions issued; relief substantially declined) – Petitioners’ service to continue if not already terminated; future action against petitioners must conform to law; if termination has occurred during pendency, petitioners may pursue appropriate statutory remedies.


[Paras 2, 3, 4, 5]

Keywords Mandamus – No Adverse Order – Threatened Termination – Maintainability – Service Continuation – Assistant Cooks – Government Primary School – Liberty to Avail Remedy.


Comparative Citation:
2025 KHC-D 16861,
Judgment :-

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the Respondents not terminate the petitioners from service by allowing this writ petition.)

Oral Order:

1. The petitioners are before this Court seeking the following prayer:

                  “WHEREFORE, the petitioners most humbly prayed that this Hon'ble Court may kindly be pleased to:

                  i. Issue a writ in the nature mandamus by directing the respondents not terminate the petitioners from service allowing this writ petition in the ends of justice and equity. by

                  ii. Issue any other appropriate writ/s, order/s or direction, as this Hon'ble Court deems fit in the facts and circumstances of the case in the ends of justice.”

2. The petitioners are said to have been appointed as Assistant Cooks in Government Higher Primary School at Medur in HIrekerur Taluka and have been serving since 2002-03 without any break. The petition is preferred on the score that the respondents No.5 and 7 on collision with the Members of the Panchayat are harassing the petitioners that they would terminate their services and therefore, the petition had been preferred. There is no order that is detrimental to the interests of the petitioners that the petitioners have knocked at the doors of this Court. It is on a plea that the respondents No.5 to 7 are harassing these petitioners without permitting them to cook properly.

3. Learned HCGP submits that there is no warrant of interference, no order is passed against these petitioners, terminating them, discharging them or any order against their interests.

4. In the light of the aforesaid circumstance, if the petitioners are continuing as on today, their services shall be continued and shall not be dispensed except in accordance with law. If the services of the petitioners are already terminated, as the petition itself is nine years old, the petitioners shall avail the remedy as is available in law.

5. Reserving such liberty, the petition stands disposed.
 
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