SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Anwar Husena Bammanali Vs. Uma Mahadevan [26/07/18]

Anwar Husena Bammanali Vs. Uma Mahadevan

In The Matter of:

Anwar Husena Bammanali Vs. State of Karnataka Ors.

[Contempt Petition(C) No(S). 834-847/2018 in SLP (C) No(S). 23757-23763/2016]

KURIAN, J.

1. We have heard learned counsel for the parties.

2. Pursuant to our order dated 6th July, 2018, Ms. Deepa M. Cholan, Director, Women and Child Development Department, Bengaluru, who as of now is discharging her duty as Deputy Commissioner, Dharwad, is present in the court in-person. She has also filed an affidavit on 23rd July, 2018 explaining the circumstances which led to the instruction given to the standing counsel.

3. Explanation offered in the said affidavit is accepted and further proceedings in the contempt petitions against Ms. Deepa M. Cholan are dropped.

4. We are informed that vacancies that there are 31 vacancies in the post of Superintendent Grade-I (Probation Officer Grade-I).

5. Having regard to the peculiar facts and circumstances of this case, we are of the view that interest of justice would be met and complete justice would be done in case the petitioner is appointed against one of the available vacancies since, as a matter of fact he stood selected pursuant to Notification dated 18.01.2012 and only because of non-availability of vacancies his case could not be considered.

6. Hence, we issue a direction to the Government of Karnataka to appoint the petitioner forthwith against one of the available vacancies as Superintendent Grade-I (Probation Officer Grade-I).

7. We make it clear that this order is made in the peculiar facts of the present case and shall not be treated as a precedent. To avoid any further dispute with regard to the future seniority of the petitioner, we clarify that the seniority of the petitioner will be only from the date of his appointment.

8. The contempt petitions are accordingly disposed of.

……………….J. (KURIAN JOSEPH)

……………….J. (SANJAY KISHAN KAUL)

NEW DELHI

JULY 26, 2018

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation