IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.31325 OF 2019 (S RES) BETWEEN:
SMT.HEMAMALINI S.V, AGED ABOUT 49 YEARS, W/O RAMESH.K, R/AT : ‘SRIPRADA’, 4TH MAIN, 1ST LEFT CROSS, JAYANAGAR WEST, SHETTIHALLI MAIN ROAD, TUMMAKURU – 572 102.
... PETITIONER (BY SRI.VIJAYA KRISHNA BHAT.M, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BENGALURU – 560 001.
2. THE COMMISSIONER (SECONDARY EDUCATION), DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU – 560 001.
3. THE DIRECTOR (SECONDARY EDUCATION), DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU – 560 001.
4. THE DEPUTY DIRECTOR (SECONDARY EDUCATION), DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU – 560 001.
5. THE BLOCK EDUCATION OFFICER (SECONDARY EDUCATION), DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU – 560 001.
6. ARYAN HIGH SCHOOL ASSOCIATION (R), B.H.ROAD, TUMAKURU – 572 101, REPRESENTED BY ITS SECRETARY … RESPONDENTS (BY SRI.M.V.RAMESH JOIS, AGA FOR R1 TO R5;
NOTICE TO R6 IS D/W V/O DATED 26.11.2019) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT / ORDER DATED 04.05.2019 ISSUED BY RESPONDENT NO.5 VIDE ANNEXURE – H AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Regardless of text of the pleadings and prayer, both the sides having argued the matter are now broadly in agreement with the suggestion of this Court that the petitioner should give a representation containing all material particulars for counting the abeyance period for the purpose of monetary benefits as has been done in respect of similarly circumstanced teachers of the same institution covered under the order dated 31.05.2011 at Annexure-B and that the said representation shall be considered by respondents No.2 & 3 regardless of impugned Endorsement dated 04.05.2019, in accordance with law.
Ordered accordingly.
Time for compliance is eight weeks from the date the representation is made.
It is needless to mention that respondent No.6 – School would also furnish necessary inputs for facilitating such consideration. While considering the said representation answering respondents shall keep in view the factum of dismissal of challenge to the appointment of the petitioner.
All contentions of the parties are kept open.
Writ petition is disposed of. No costs.
Sd/- JUDGE UN