IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 PRESENT THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD WRIT PETITION Nos.2062-2071 OF 2019(S-KAT) BETWEEN:
1. Sri.H.M.Muniraju, Aged about 49 years S/o Sri. Muluvagalappa Honorary Assistant Teacher Government Higher Primary School Hindiganala (v) Post Hoskote Taluk Bangalore Rural District-562122 Residing at Teachers Lay-out M.A. Extension, Hosakote Town Bangalore Rural District-562114.
2. Sri.T.Ramaswamy Aged about 51 years S/o Sri.Thimmarayappa Honorary Assistant Teacher Government Higher Primary School Dasarahalli, Hosakote Taluk Bangalore Rural District-562114 Residing At Chikkanahalli Hosakote Taluka Bangalore Rural District-562114.
3. Sri Mayanna Aged about 53 years Honorary Assistant Teacher Government Higher Primary School Belagavadi, Kulludevanahalli(po) Madibalu Hobli, Magadi Taluk Ramanagaram District-562138 Residing at S.Byadrahalli Kulludevanalli (po) Madibalu Hobli, Magadi Taluk Ramanagaram District-562120.
4. Sri. Kemparaju Aged about 51 years S/o Sri.Kempaiah Honorary Assistant Teacher Government Higher Primary School Ujjanahalli, Singarajapura(po) Channapatana Taluk Ramanagara District-562138. Residing at Bojjahalli Singarajapura(Po) Channapatana Taluk Ramanagara District-562138.
5. Sri.N.T.Venkateshaiah Aged about 51 years S/o Sri. Thimmaiah Honorary Assistant Teacher Government Higher Primary School Iddaluru, Channapatana Taluk Ramanagara District-562138 Residing at Nelamakanahalli Iggalurr (Po), Channapatana Taluk Ramanagara District-562138.
6. Sri. Venkatesh Aged about 48 years S/o Sri V.A.Rajan Honorary Assistant Teacher Government Higher Primary School Revenue Quarters, Siruguppa Taluka Ballari District-583121 Residing at No.69,15th Ward IInd Cross Krishnanagar Siruguppa, Ballari District-583121.
7. Sri.L.A.Halayanaika Aged about 55 years S/o Sri.Veerayanaika Honorary Assistant Teacher Government Higher Primary School Adavimallanakeri & (po) Varakanahalli, Huvenahadalagi Taluk Ballari District-583219 Residing at Adavimallanakeri & (po) Varakanahalli, Huvenahadalagi Taluk Ballari District-583219.
8. Sri.P.Veeresh Aged about 53 years S/o Sri.P.Basappa Honorary Assistant Teacher Government Higher Primary School Ramadurga, Kudalgi Taluk Ballari District-583130 Residing at Ramadurga, Kudalgi Taluk Ballari District-583130.
9. Sri. Bangisiddaiah Aged about 54 years S/o Sri.Siddaiah Honorary Assistant Teacher Government Higher Primary School Annedoddi, Kanakapura Taluk Ramanagara District-563128 Residing at Annedoddi, Kanakapura Taluk Ramanagara District-563128.
10. Sri.Pillappa Aged about 58 years S/o Sri.Muniyappa Honorary Assistant Teacher Government Higher Primary School Shivanapura, Hosakote Taluka Bangalore Rural District-562113.
Residing at Chikkanahalli Kemballiganahalli (Po) Hoskote Taluka Bangalore Rural District-562118. …. Petitioners (By Sri.S.M.Babu, Advocate) AND:
1. State of Karnataka By its Principal Secretary to Government (Primary & Higher) Education Department, M.S. Building Bangalore-560001.
2. The Director (Primary Education) Office of the Commissioner Department of Public Instructions Bangalore-560 001.
3. The Deputy Director Department of Public Instructions Ramanagara District Ramanagara-562101.
4. The Deputy Director Department of Public Instructions Ballari District, Ballari-583201 5. The Deputy Director Department of Public Instructions Bangalore Rural District Bangalore-560002. ... Respondents (By Sri.I.Taranath Poojary, Additional Government Advocate) These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order of the Karnataka Administrative Tribunal, Bangalore dated: 14.11.2018 passed in Application Nos.5848-5857/2017 as per Annexure-A and allow the application filed by the petitioners and etc.
These writ petitions coming on for Preliminary Hearing - B Group, this day, NAGARATHNA J., made the following:
ORDER These writ petitions are listed for Preliminary Hearing – B Group. With the consent of learned counsel for both the sides, they are heard finally.
2. Petitioners are working as Honorary Assistant Teachers in Government Higher Primary Schools in various places. They made a representation to the respondents herein to consider their case for regularization or absorption by the Department and to confirm their postings in their respective schools.
Since the said representation made by the petitioners dated 01.08.2017 vide Annexure A9 was not considered, they sought a direction in that regard before the Karnataka State Administrative Tribunal at Bengaluru (hereinafter referred to as the ‘Tribunal’, for the sake of convenience) in A.Nos.5848- 5857/2017. By order dated 14.11.2018, Tribunal has dismissed their applications as being devoid of merit. Being aggrieved, they have preferred these writ petitions.
3. We have heard learned counsel for the petitioners and learned Additional Government Advocate for respondents and perused material on record.
4. Learned counsel for the petitioners submitted that all that the petitioners sought before the Tribunal was a direction in the nature of a writ of mandamus to consider their case for regularization or absorption as they were working as Honorary Assistant Teachers for several years in their respective schools. The Tribunal could have simply issued a direction to consider their representation, instead, the Tribunal has given reasons as to why the representation cannot be considered. He submitted that, as a result, the Department which had an opportunity to consider the said representation and pass order one way or the other has been deprived of the same. He submitted, as a result of the impugned order the petitioners cannot now approach the Department for consideration of their case for regularization. Therefore, the impugned order may be quashed and a direction may be issued to the respondents to consider the petitioners’ case for absorption and regularization, in accordance with law.
5. Learned Additional Government Advocate appearing for the respondents fairly submits that if this Court were to issue a direction to the respondents to consider the representation made by the petitioners, the same would be done in accordance with law.
6. We have perused the impugned order passed by the Tribunal and we find that applications filed by the petitioners herein have been dismissed as devoid of merit. The same would imply that no representation of the petitioners would be considered hereinafter. That would result in injustice being caused to the petitioners.
7. In the circumstances, the impugned order of the Tribunal is quashed. Respondent Nos. 1 and 2 are directed to consider the representation dated 01.08.2017 which has been submitted to the Commissioner, Department of Public Instructions. The petitioners are also at liberty to make an additional representation to respondent Nos. 1 and 2. Needless to observe that if such a representation is made by the petitioners to respondent Nos. 1 and/or 2, the same shall be considered in accordance with law and expeditiously and within a period of four months from the date of receipt of a certified copy of this order.
8. With the above-said observations and directions, the writ petitions are disposed off.
Sd/- JUDGE Sd/- JUDGE Cm/-