IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.49896/2018 (S-RES) BETWEEN:
SMT MUBEENA BEGUM D/O LATE MOHAMMED IBRAHIM SHERIFF, AGED ABOUT 59 YEARS, WORKING AS HEAD MISTRESS (NURSERY SECTION) SRI.SANGAMESHWARA URDU NURSERY & PRIMARY SCHOOL, MANGAMMANAPALYA, BENGALURU – 560 068. ... PETITIONER (BY SRI.NANJA REDDY P N, ADV. ) AND:
1. THE STATE OF KARNATAKA REPTD. BY PRINCIPAL SECRETARY, EDUCATION DEPARTMENT (PRIMARY EDUCATION), M.S. BUILDING, BENGALURU – 560 011.
2. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS EDUCATION DEPARTMENT, BENGALURU SOUTH DISTRICT, KALASIPALYAM, BENGALURU – 560 002.
3. THE BLOCK EDUCATION OFFICER BANGALORE SOUTH-III, B.T.M. LAYOUT, BENGALURU-560029.
4. THE MANAGEMENT OF SRI.SANGAMESHWARA URDU NURSERY & PRIMARY SCHOOL, MANGAMMANAPALYA, BENGALURU – 560 068. ... RESPONDENTS (BY SRI.S.H.PRASHANTH, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD:16.10.2018 [ANNEXURE-H] PASSED BY THE R-1 AS THE SAME IS ILLEGAL, ARBITRARY, CONTRARY TO ARTICLE 311 OF THE CONSTITUTION OF INDIA AND ALSO IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE. DIRECT THE RESPONDENTS TO GRANT ALL THE CONSEQUENTIAL BENEFITS CONSEQUENT UPON QUASHING THE ORDER AT ANNEXURE-H. DIRECT THE CONTENTING RESPONDENTS TO PAY THE COSTS OF THESE PROCEEDINGS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, NARAYANA SWAMY J, MADE THE FOLLOWING:
O R D E R The learned Additional Government Advocate submits that against the impugned order of compulsory retirement, an appeal lies before the Appellate Tribunal.
2. The learned counsel appearing for the petitioner submits that he may be permitted to avail of the alternative remedy available under the Statute.
3. Accordingly, petition stands disposed of to enable the petitioner to avail of alternative remedy. All contentions are kept open.
Sd/- JUDGE Sd/- JUDGE lnn