IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 :PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R.DEVDAS WRIT PETITION NO.62048 OF 2016(S-KAT) BETWEEN SMT. M. PARVATHI AGED 46 YEARS, W/O SRI A. SHIVARAM BHAT, WORKING AS SECOND DIVISION ASSISTANT, CITY CENTRAL LIBRARY, MYSORE-570 004.
... PETITIONER (BY SRI K. C. SHANTHAKUMAR, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, EDUCATION DEPARTMENT, M. S. BUILDING, BANGALORE-560 001.
2. THE DIRECTOR KARNATAKA STATE VOCATIONAL EDUCATION, PRE-UNIVERSITY BOARD, 3RD FLOOR, 18TH CROSS, MALLESHWARAM, BANGALORE-560 003.
3. THE DIRECTOR OF LIBRARIES IN KARNATAKA PUBLIC LIBRARY DEPARTMENT, VISHVESHWARAIAH MINI TOWER, 4TH FLOOR, DR.AMBEDKAR ROAD, BANGALORE-560 001.
... RESPONDENTS (BY SMT. ANITHA N, HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO CONCERNING AND CONNECTED WITH THE APPLICATION NO.404/2014 FROM THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE, PERUSE THE SAME AND DECLARE AND STRIKE DOWN THE FINAL ORDER DTD.20.09.2016, PASSED THEREIN VIDE ANNEXURE-A AS ERRONEOUS AND UNSUSTAINABLE, IN LAW AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, NARAYANA SWAMY J., MADE THE FOLLOWING:
ORDER The petitioner is before this Court assailing the order dated 20.09.2016, passed by the Karnataka State Administrative Tribunal (hereinafter referred to as ‘the Tribunal’) in Application No.404 of 2014.
2. The prayer made by the petitioner/applicant in the said Application before the Tribunal is that the absorption of the petitioner as Second Division Clerk, is contrary and ultra vires and prays for absorption of the petitioner as ‘Library Assistant’, for which she has been working ever since from the date of her appointment. It is further case of the petitioner that she had prescribed qualification for the post of Library Assistant as on the date of absorption. When case of the petitioner has been absorbed to the post of Library Assistant, the posting also should have been as such. But, quite contrary to the absorption as Library Assistant, the petitioner had been posted as Second Division Clerk as per the order dated 13.02.2013. The prayer made by the petitioner has been considered by the Tribunal and directed the respondents to provide posting to the applicant as Library Assistant within one month. This writ petition has been filed against the order of the Tribunal on the ground that no specific time limit has been fixed and no specific direction has been issued to the respondents to absorb the petitioner as Library Assistant.
3. We have heard the learned counsel for the petitioner and learned High Court Government Pleader for respondents and perused the materials on record.
4. It is undisputed fact that the Tribunal has issued direction to the respondents to provide posting to the petitioner as Library Assistant within one month. Earlier the writ petition was dismissed for non- prosecution and thereafter, the recall application filed by the petitioner has been allowed by this Court and the writ petition is restored to its original file. When the application has been allowed, the petitioner could have made an application seeking clarification of the order before the concerned authorities for absorption.
5. Having heard the learned counsel for the petitioner and prayer made in the writ petition for absorbing her as Library Assistant as she has been qualified for the post of Library Assistant, this Court is of the opinion that the appointment of the petitioner by the respondents should have been as Library Assistant, but not as Second Division Clerk. It is seen from the order passed by the Tribunal that from the date of appointment of the petitioner till absorption, she has been working as Library Assistant, when such being the case, the posting of the petitioner as Second Division Clerk is contrary to the order of absorption. Under these circumstances, this Court is of the considered opinion that the order passed by the Tribunal is sound and proper and direction issued to the respondents to provide posting to the petitioner as Library Assistant, it is to be understood that on the basis of the discussion made therein. It is further directed that the respondents shall absorb the petitioner as Library Assistant with effect from the date of absorption.
With these observations, the writ petition is disposed of.
SD/- JUDGE SD/- JUDGE DL