IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NOs.19688-89/2014 (S-PRO) BETWEEN:
1. DR. P S PUTTASWAMY S/O SRINIVASAIAH AGED: 53 YEARS PROFESSOR DEPARTMENT OF ELECTRICAL & ELECTRONICS ENGINEERING PES COLLEGE OF ENGINEERING MANDYA – 571401.
2. DR. B.V. NARASIMHAN S/O B SUBBA RAO AGED: 57 YEARS PROFESSOR, DEPARTMENT OF ELECTRICL AND ELECTRONICS ENGINEERING, PES COLLEGE OF ENGINEERING MANDYA -571401. … PETITIONERS (BY SRI.C R PATIL, ADV. ABSENT) AND:
1. PRINCIPAL PES COLLEGE OF ENGINEERING MANDYA – 571 401.
2. THE DIRECTOR OF TECHNICAL EDUCATION IN KARNATAKA PALACE ROAD,BANGALORE -560 001.
3. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY EDUCATION DEPARTMENT M S BUILDING BANGALORE – 560 001. ... RESPONDENTS (BY SRI H B CHANDRASHEKHAR, ADV. FOR R.1 ABSENT, SRI M V RAMESH JOIS, AGA FOR R.2 & R.3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE MEMORANDUM DATED 26.3.14 VIDE ANNEXURE ‘F’ AND THE ENCLOSURES AT ANNEXURES F1, F2 AND F3 ON THE FILE OF THE 1ST RESPONDENT, PRINCIPAL, PES COLLEGE OF ENGINEERING, MANDYA.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Matters called twice. None appears.
2. Learned counsel for the petitioners has sought for the following reliefs:
(i) a writ of certiorari, quashing the Memorandum of dated 26.03.2014 vide Annexure ‘ F’ and the enclosures at ANNEXURES – F1, F2 & F3 on the file of Respondent No.1 – Principal P.E.S. College of Engineering, Mandya.
(ii) ISSUE a writ of mandamus directing the respondent No.1 to recall the order of reversion and to restore the petitioners to their original cadre of Professors.
(iii) Pass any other appropriate order or directions as deemed fit under the circumstance of the above writ petition in the interest of justice and equity.
3. A perusal of Annexures F, F1, F2 and F3 issued by the 1st respondent relating to Provisional Gradation List of teaching staff in the 1st respondent – institution. Writ is not maintainable against Provisional Gradation List of employees. In other words, employee has remedy of filing objections, if he is not satisfied with the issuance of Provisional Gradation List. Petitioners, instead of filing objections, have rushed to this Court. Therefore, Writ Petitions are premature.
4. Accordingly, petitions stand disposed of.
However, petitioners are permitted to file objections if any, to Annexure ‘F’ and enclosures at F1, F2 and F3 – Provisional Gradation List of Professor of Electrical and Electronics Engineering as on 01.01.2013. If petitioners file their objections to the Provisional Gradation List in accordance with law and if it is not already finalized, 1st respondent is hereby directed to entertain the petitioners objections and finalise the Gradation List. The above said exercise shall be completed within a period of three months from the date of receipt of this order.
Sd/-
JUDGE Brn