IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.SOMASHEKAR WRIT PETITION NO.15871 OF 2016 (S-DE) BETWEEN:
PROF. ANITA MATHIAS ENOS, WIFE OF SHRI MARCEL ENOS, AGED ABOUT 59 YEARS, RESIDENT OF “GOLDEN HARVEST” VIJAYANAGAR, 4TH STAGE, 2ND PHASE, HINKAL POST, MYSORE-570 017.
(BY SRI X M JOSEPH, ADVOCATE) ...PETITIONER AND:
1. STATE OF KARNATAKA, DEPARTMENT OF COLLEGIATE EDUCATION, 2ND FLOOR, DTE BUILDING, PALACE ROAD BANGALORE-560 001, REPRESENTED BY ITS COMMISSIONER.
2. REGIONAL JOINT DIRECTOR, DEPARTMENT OF COLLEGIATE EDUCATION VINOBHA ROAD, MYSORE-570005.
3. MYSORE DIOCESAN EDUCATION SOCIETY, REGISTERED OFFICE:BISHOP’S HOUSE MYSORE-OOTY ROAD, LASHKAR MOHALLA, MYSORE - 570001 BY ITS SECRETARY.
4. ST.JOSEPH’S COLLEGE OF EDUCATION, HUNSUR ROAD, JAYALAKSHMIPURAM, MYSORE-570012, BY ITS PRINCIPAL IN-CHARGE.
…RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R1 & R2, R3 AND R4 SERVED) - - -
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.1 AND 2 THE AUTHORITY PAYING SALARY TO THE PETITIONER, TO EXERCISE THEIR SUPERVISORY POWER OVER R-3 INSTITUTION, TO ENQUIRE INTO PETITIONER’S APPLICATION WHOSE COPIES ARE SUBMITTED TO R-2 VIDE ANNEX-B2 DATED 15.02.2016 AND ANNEX-C1 DATED 01.03.2016 FOR AVAILING EARNED LEAVE OF 33 DAYS FROM OUT OF 62 DAYS AT CREDIT AND PASS ORDERS INCLUDING IF NEED BE AN ORDER THAT PETITIONER ABSENCE FROM DUTY FROM 29.03.2016 TO 30.04.2016 TO ATTEND HER DAUGHTER’S MARRIAGE AT LONDON, U.K., NOT TO BE TREATED AS “MISCONDUCT” BUT OPEN FOR REGULARISATION BY DEBITING HER EARNED LEAVE ACCOUNT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the petitioner is present and filed a memo dated 31.10.2019 seeking dismissal of the writ petition as the same does not survive for consideration.
2. Memo is placed on record.
3. Accordingly, petition is dismissed as having become infructuous.
Sd/- JUDGE BSR