IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION No.50349 OF 2018(S-RES) Between:
Sri D. Manjunath S/o late Sri Dasarappa, Aged about 53 years, Selection Grade Lecturer Department of Mechanical Engineering M.E.I.Polytechnic Bengaluru - 560010 ... Petitioner (By Sri Janardhana .G, Advocate)
(By Smt. M.S.Prathima, AGA for R2;
Sri M.R.C.Ravi & Smt. Sunitha Srinivas, Adv. for R3; Service of notice to R1 is accepted V/o dt: 20.06.2019) This writ petition is filed under Articles 226 and 227 of Constitution of India, praying to quash the order dated 22.03.2018 issued by R-2 to 3 in withdrawing the Pay Band – IV pay scale to the petitioner under Annex-H to the writ petition and etc., This writ petition coming on for ‘Orders’ this day, the Court passed the following:-
ORDER With the consent of the learned counsel for the parties, the matter is taken up for final disposal.
2. Petitioner has sought for the following reliefs:
i)Quash the order dated 22.03.2018 in No.DTE/19/EST(4)(B)(1) 2017-2018 issued by the respondent No.2 to the 3rd respondent in withdrawing the Pay Band-IV Pay Scale to the petitioner under Annexure-H to the Writ Petition; and ii)Direct the 2nd respondent to regularize petitioner’s Pay Band-IV Pay Scale with effect from 20.12.2011 by granting post facto approval in terms of the request made by the 3rd respondent to 2nd respondent under Annexure-D dated 03.10.2013 and iii)Grant any other writ, order or direction as this Hon’ble Court deems fit to grant to the Petitioner in the circumstances of the case.
3. There is a dispute relating to extending particular Pay Band-IV pay scale. The Director of Technical Education is of the view that petitioner is not entitled to Pay Band-IV in the Selection Grade and the Director has stalled the payment of Pay Band-IV Selection Grade to the petitioner and further ordered failing which necessary action will be taken against the Principal, M.E.I. Polytechnic (Aided).
4. Perusal of Annexure-H impugned action of the Director of Technical Education Department is without hearing the petitioner before stalling the payment of Pay Band-IV in the Selection Grade to the petitioner. Petitioner has not been heard as is evident from the communication dated 22.03.2018.
5. Accordingly, Annexure -H shall be treated as show cause notice to the petitioner and respondent No.3-Management.
6. Petitioner is hereby directed to furnish explanation/reply to stand by that he is entitled to Pay Band-IV Selection Grade scale within a period of four weeks from today. Thereafter, respondent No.2-Director is permitted to pass a speaking order and communicate the decision to the petitioner.
With the above observations, writ petition stands disposed of.
I.A.No.1/2019 does not survive for consideration in view of the disposal of the petition.
Sd/- JUDGE KPS