IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NO.22714 OF 2019 (S-RES) & WRIT PETITION NO.30489/2019 Between:
1. Gnanodaya Vidhya Nidhi Education Society, Rahamath Nagar, C.B.Road, Kolar District-563 101, Rep. by its Secretary.
2. Asha Rani.S, W/o.Victor Binny.A, Aged about 40 years, Was working as Head Mistress, Gnanodaya Vidya Nidhi- Higher Primary School, Rahamath Nagar, Kolar-683 101. No.409, GVN Building, Rahamath Nagar, Kolar-583 101. …Petitioners (By Sri.Srikanth.M.P, Advocate) And:
1. The State of Karnataka, By its Secretary to Government, Primary & Secondary Education, M.S.Building, Dr.Ambedkar Veedhi, Bengaluru-560 001.
2. The Commissioner for Public Instructions, Primary & Secondary Education, New Public Offices, Nrupathunga Road, K.R.Circle, Bengaluru-560 001.
3. The Director of Public Instructions, Secondary Education, New Public Offices, Nrupathunga Road, K.R.Circle, Bengaluru-560 001.
4. The Deputy Director of Public Instructions, Kolar District, Fort, Kolar-563 101.
5. The Block Education Officer, Kolar Taluk, Old Government Middle School Building, Kolar-563 101.
6. Accountant General in Karnataka (A & E), P.B.No.5369, Part House Road, Bengaluru-560 001. …Respondents (By Smt.M.S.Prathima, AGA) These Writ Petitions are filed under Articles 226 and 227 of Constitution of India, praying to quash the order dated 08.03.2018 passed by the R-4 vide Annx-N and etc., These Writ Petitions coming on for Orders this day, the Court made the following:-
ORDER In the instant petitions, the petitioners have prayed for the following reliefs:
“a) Quash the order dated 08.03.2018 bearing No.Aa.Nu.2/2100/Kha.Sha.Shi.Nivruthi/2017-18 dated 08.03.2018 passed by the 4th respondent vide Annexure-N.
b) Quash the order dated 05.02.2019 bearing No.Aa,Nu.2/2100/Kha.Shi.Nivruthi/2017-18/286 of the 4th respondent vide Annexure-V.
c) Further direct the Respondents to release all the benefits including arrears of salary, leave, etc., to the 2nd petitioner considering the period from 01.12.2017 till she is reinstated into duties in furtherance of quashing of the orders dated 08.03.2018 and 05.02.2019 of the 4th Respondent.
d) Further also direct the Respondents No.1 to 6 to adjust the payment of pension, which is made to the Petitioner till date in pursuance of the order dated 14.02.2018 with the arrears of salary and other benefits, which are to be extended to the Petitioner in pursuance of quashing of the orders dated 08.03.2018 and 05.02.2019 vide Annexure-N and V.
e) Pass any order of consequential relief or any other appropriate order or direction as this Hon’ble court deems fit in the facts and circumstances of the case in the ends of justice and equity. “ 2. The undisputed facts are that, petitioner No.2, while she was in service submitted Voluntary Retirement application on 12.09.2017. While giving effect from 30.11.2017, petitioner No.2 filed an application for withdrawal of voluntary retirement on 24.11.2017. The said withdrawal of the voluntary retirement was the subject matter before various authorities including the management. The competent authority-Deputy Director of Public Instructions has taken a decision that, once voluntary retirement application of petitioner No.2 was accepted, there is no provision for reconsideration. Feeling aggrieved and dissatisfied with the decision of the Deputy Director of Public Instructions and consequential order at Annexure-N and Annexure-B, present petition is filed.
3. On the other hand, learned counsel for the respondents submitted that, petitioner No.2 has the remedy of appeal under the Karnataka Education Act, 1983. Without exhausting the remedy of statutory appeal, she has rushed to this Court.
4. In view of the above facts and circumstances, on the ground of non-exhausting the remedy of appeal, the petitions are not maintainable, in terms of the decision of the Hon’ble Supreme Court in the Case of State of Jammu & Kashmir Vs. R.K. Zalpuri & others, reported in AIR 2016, SC 3006, at para No.20, it has held that under what circumstances the writ petition filed under Article 226 can be entertained:
“20. Having stated thus, it is useful to refer to a passage from City and Industrial Development Corporation V. Dosu Aardeshir Bhiwandiwala and Others, wherein this Court while dwelling upon jurisdiction under Article 226 of the Constitution, has expressed thus: -
“The Court while exercising its jurisdiction under Article 226 is duty-bound to consider whether:
(a) adjudication of writ petition involves any complex and disputed questions of facts and whether they can be satisfactorily resolved;
b) the petition reveals all material facts;
c) the petitioner has any alternative or effective remedy for the resolution of the dispute;
d) person invoking the jurisdiction is guilty of unexplained delay and laches;
e) ex facie barred by any laws of limitation;
f) grant of relief is against public policy or barred by any valid law; and host of other factors.”
(Underline emphasized) Petitions are disposed of reserving liberty to petitioner No.2 to approach appropriate authority under the Karnataka Education Act, 1983 within a period of four weeks from the date of receipt of a copy of this order.
In the event, petitioner No.2 filed an appropriate appeal or revision before the competent authority, concerned authority is hereby directed to examine the petitioner’s grievance and decide the same within a period of three months from the date of receipt of the petitioner’s appeal or revision after due opportunity.
Sd/- JUDGE Psg*