IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.62588 OF 2016 (S-RES) BETWEEN:
K THIMMARAJU S/O KONDAPPA, AGED ABOUT 56 YEARS, OCC:ASST. TEACHER, W/AT :SIR.M.V.MEMORIAL HIGH SCHOOL, CHIKKABALLAPUR TOWN-562 101 (BY SRI. G M CHANDRASHEKAR, ADVOCATE) AND:
... PETITIONER 1 . THE STATE OF KARNATAKA DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.
2 . THE COMMISSIONER PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BANGALORE-560 001.
3 . THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR-562 101 4 . BLOCK EDUCATION OFFICER CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR-562 101 5 . THE SECRETARY SIR.M.V.MEMORIAL HIGH SCHOOL, CHIKKABALLAPUR TOWN-562 101 6 . NARASIMHAMURTHY S/O UGRAPPA, AGED ABOUT 42 YEARS, OCC:ASST TEACHER, W/A SIR. M.V. MEMORIAL HIGH SCHOOL, CHIKABALLAPUR TOWN-562 101.
7. KARNATAKA STATE SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION , REP BY ITS COMMISSIONER/SECRETARY, BANGALORE.
AMENDED V.C.O DATED 31.07.2019.
... RESPONDENTS (BY SRI. M V RAMESH JOIS, AGA FOR R1 TO R4;
SRI. RANGANATH S JOIS, ADVOCATE FOR R6; SRI. C JAGADEESH, ADVOCATE FOR R7;
R5 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 28.10.2016 PASSED BY THE KARNATAKA STATE SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IN CASE NO.16/2014 (SERVICE) PRODUCED AT ANNX-C AND ALSO QUAHS THE IMPUGNED PROMOTION ORDER DATED 18.11.2016 ISSUED BY THE R-4 PRODUCED AT ANNX-D AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The short question of law which arises for consideration in this case is:
“In preparing the seniority list whether the pre Grant in Aid service should be reckoned or not?”
This question having fallen for consideration in W.P.No.24910/2002, a Co-ordinate Bench of this Court vide judgment dated 01.12.2006 has answered the same in the affirmative as under:
“4. On these rival contentions, having regard to the settled position of law that notwithstanding the condition sought to be imposed of restricting the obligation of the respondents to pay the salary of the petitioner only from the date of approval, the appointment of the petitioner having been approved, it would necessarily date back to the date of his appointment…… 6. Hence, the petition is allowed. The respondents are directed to reckon the service of the petitioner from the date of initial appointment up to the date of approval, for the purposes of fixation of pay scale, seniority and all consequential benefits…..”
In the above circumstances, this writ petition succeed; the respondent Nos. 2 , 3 & 4 are directed to count pre Grant- In-Aid service of the petitioner for the purpose of grant of seniority & promotion; a direction also issues to review the promotion granted to the respondent No.6 on the basis of altered ranking of the petitioner and said respondent.
In doing this exercise, the instructions of the 7th respondent-Karnataka State Schedule Caste & Schedule Tribes Commission shall be ignored.
Time for compliance is three months.
No costs.
Sd/- JUDGE DS