IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE 2017 BEFORE THE HON' BLE MR. JUSTICE L. NARAYANA SWAMY WRIT PETITION No.16320/2016 (EDN-GIA) BETWEEN:
Nehru Kennedy High School, Rep. by its Secretary, Beyrakuru at and Post, Mulbagal Taluk, Kolar District.
...Petitioner (By Smt. Pushpaveni Ajith, Adv.) AND 1. State of Karnataka, Rep. by its Secretary, Department of Secondary Education, M.S. Buildings, Bengaluru-560 001.
2. The Commissioner of Public Instructions, New Public Offices, K.R. Circle, Bengaluru-560 001.
3. The Director of Public Instructions, New Public Offices, K.R. Circle, Bengaluru-560 001.
4. The Joint Director of Public Instructions, New Public Offices, K.R. Circle, Bengaluru-560 001.
5. The Deputy Director of Public Instructions, Kolar District.
K.R. Circle, Bengaluru-560 101.
6. The Block Education Officer, Mulbagal Taluk, Mulbagal, Kolar District-563 131.
...Respondents (By Sri. R.B. Sathyanarayana, AGA for R1 to R6.) This Writ Petition is filed under Article 226 of Constitution of India praying to call for records pertaining to the case of the petitioner and etc., This Writ petition coming on for Preliminary hearing in ‘B’ group on this day, the Court made the following, ORDER The petitioner-school has appointed one Sri. K.V. Bhaskar Babu as a Second Division Assistant in their institution and his appointment was forwarded to the Government for its approval and the said proposal was returned on the ground of economic measures. Again the same was re-forwarded to the Government for approval.
2. In the meanwhile the respondent-Government appointed one Sri. Venkata Muni setty to the post for which Sri. K.V. Bhaskar Babu was appointed. The Government-respondent has rejected the appointment of Venkata Muni setty in the place of Sri. K.V. Bhaskar Babu. Since the appointment made by the Government appointing Venkata Muni setty in place of Sri. K.V. Bhaskar Babu and since the appointment of the petitioner was not approved as per its request, the impugned order came to be passed. The fact of the said order is to with hold the salary of the staff of institution and grant was cancelled permanently. The said order is impugned herein. In the mean while Venkata Muni setty who was appointed to the place of Sri. K.V. Bhaskar Babu by the petitioner approached this Court in writ petition No.4130/2015 and he made a prayer for direction to the respondents No.1 to 6 to admit the petitioner for job on permanent basis as per the Government order dated 20.01.2014. The petition filed by the Venkata Muni setty is dismissed as per order dated 21.04.2017.
3. The petition filed by the present petitioner along with Sri. K.V. Bhaskar Babu-second petitioner in writ petition No.2431/2015 came to be allowed and directed the respondent No.2-The Commissioner of Public Instructions, Bengaluru to consider the representation made by the petitioner No.2-K.V. Bhaskar Babu. From the petitioner No.1-Institution for approval of his appointment and it is further observed that the proposal forwarded by the petitioner No.1-Institution to the respondent No.2, the same to be considered within six months from the said date.
4. In view of the order passed in the above writ petitions No.4130/2015 and 2431/2015, the learned counsel for the petitioners submits that the impugned order dated 17.11.2015 passed by the respondents is to be set aside.
5. The learned counsel for the respondents- Government has not disputed the facts. However it is submitted that the initial appointment of Sri. Venkata Muni setty made by the Government was not considered by the petitioner herein. Hence the Government rightly withheld the salary and also re-recognized the order issued previously.
6. Learned counsel for the respondent sought to dismiss the petition.
7. Heard the learned counsels for both the parties.
8. The appointment of Venkata Muni setty made by the Government was subject to the matter of writ petitions and writ petitions rejected and it observed that Venkata Muni setty has to work out his remedy otherwise and other petition filed by the Institution along with Sri. K.V. Bhaskar Babu has been allowed and directed the respondent No.1-Institution to forward the appointment for approval by respondent No.2 and respondent No.2 further directed to consider the same within six months.
9. In view of the facts that the orders passed in earlier writ petitions virtually it is in favour of the petitioner, the order passed by the Government to withhold the salary of the employees, staff of the Institutions is set aside. It is observed that recognition is to be made as a last chance. Hence writ petition is allowed.
LL/VBS Sd/- JUDGE