IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.SOMASHEKAR WRIT PETITION No. 53638/2017 (S-RES) Between:
Shri Nanjundaiah S/o Late Ningappa Aged about 58 years R/at No.508, Anugraha Bhogadhi 2nd Stage Judicial Layout Mysore – 570 008.
(By Mrs. Gowharunnisa, Advocate for Sri V Vishwanath Setty - Advocate) And:
1. State of Karnataka Rep. by its Secretary Department of Technical Education Vidhana Veedi Bengaluru – 560 001.
2. The Director of Technical Education Office of the Technical Education Palace Road Bengaluru – 560 001.
3. The Principal PVP Polytechnic Dr. Ambedkar Institute of Technology Campus ... Petitioner Mallathahalli Bengaluru – 560 056.
... Respondents (By Sri. T.S. Mahantesh , Advocate for R-1 and R-2; Sri Harish H .V – Advocate for R-3) ****** This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to, direct the Respondent No.3 to disburse the arrears salary / back wages amount of Rs.2,80,000/- (out of total amount of Rs.5,60,000/-) and 3 months salary of Rs.47,554/- totally amounting to Rs.3,27,554/- released by the Respondents No.1 and 2, so also arrears of 3 months salary for the months of September, October and November 2004, due from the Respondent No.3 to the Petitioner.
This Petition coming on for Orders this day, the Court made the following:
ORDER Heard learned counsel for the petitioner and learned counsel for the respondents.
2. In this writ petition the petitioner has sought for a direction to respondent No.3 to disburse the arrears salary/backwages of Rs.2,80,000/- ( out of total amount of Rs.5,60,000/-) and three months salary of Rs.47,554/- totally amounting to Rs.3,27,554/- released by respondents No.1 and 2 and so also, arrears of 3 months’ salary for the months of September, October and November, 2004 due from respondent No.3 and such other reliefs.
3. Annexure-C is the letter dated 28.1.2010 addressed by respondent No.3 – Principal to the petitioner stating that 50% of the backwages has been released by the government and orally and telephonically he has been informed several times and he has not turned up. If he do not turn up within 10.02.2010 to receive the backwages, the same shall be returned to the Government.
4. Further, learned counsel for respondent No.3 has filed a memo dated 4.7.2019 stating that the petitioner has not got himself relieved from the institution but remained absent unauthorisedly and had joined some other institution, without following necessary procedure of getting relieved and other necessary procedures. If the petitioner co- operates with the administration of the institution, the 3rd respondent will help in resolving the issue on hand by corresponding with the necessary authorities, as the institution is an aided institution.
5. Learned AGA for respondent Nos.1 and 2 fairly submits that if the petitioner files a representation before the concerned authorities and if it comes under the zone of consideration, the same shall be considered in accordance with law. The submission is placed on record.
6. In view of the submission made by learned AGA and the memo filed by learned counsel for respondent No.3, it is just and proper to direct the petitioner to give representation to the concerned authorities within one week from the date of receipt of a copy of this order and the same shall be considered by respondent Nos.1 and 2 within a period of three months thereafter, in accordance with law.
With the above observation, the writ petition is disposed of.
Consequent to the disposal of the writ petition, I.A.1/2019 does not survive for consideration, accordingly it is rejected.
Sd/- JUDGE DKB