IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION NO.27380/2019 (S DIS) BETWEEN SRI MOHD. SAIFULLA S/O MOHD. ABDULLA AGED 47 YEARS ASSISTANT MASTER MYCEMCO COMPOSITE PRE-UNIVERSITY COLLEGE AMMASANDRA, TURUVEKERE TALUK, TUMKUR DISTRICT-572 211 R/AT 15TH CROSS, P H COLONY, TUMKUR-572101.
(BY SRI M.P.SRIKANTH, ADV.) AND 1. THE SECRETARY TO GOVERNMENT, PRIMARY & SECONDARY EDUCATION, M S BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001 2. THE COMMISSIONER OF PUBLIC INSTRUCTION, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, BANGALORE-560 001 ... PETITIONER 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, TUMKUR SOUTH TUMKUR-585 355.
4. THE SECRETARY MYCEMCO COMPOSITE PU-COLLEGE AMMASANDRA -572 211 TURUVEKERE TALUK, TUMKUR DISTRICT-585355.
5. THE PRINCIPAL MYCEMCO COMPOSITE PU-COLLEGE, AMMASANDRA -572 211 TURUVEKERE TALUK TUMKUR DISTRICT-585355.
6. THE UNIT HEAD MYCEM HYDELBERG CEMENT, AMMASANDRA -572211, MYCEMCO COMPOSITE PU-COLLEGE, AMMASANDRA-572 211, TURUVEKERE TALUK, TUMKUR DISTRICT-585355.
... RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R1 TO R3, NOTICE NOT ORDERED R4 TO R6 V/O DT.31/7/19.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT REINSTATEMENT OF THE PETITIONER AND TO GRANT CONTINUITY OF SERVICE AND ALL CONSEQUENTIAL RELIEFS ARISING THERE FROM ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner.
Learned Addl. Govt. Advocate accepts notice on behalf of respondent Nos.1 to 3. Notice to other respondents is not ordered in view of the order to be follow:-
2. The petitioner claims to be an Assistant Master in the 4th respondent-institution and is calling in question the order of termination and seeking for a direction that he be re-instated and to grant continuity of service. The petitioner is before this court without availing the alternative remedy as provided under Section 131 of the Karnataka Education Act, 1983.
3. In that view of the matter, petition is disposed off by giving liberty to the petitioner to approach the revisionary authority and if such revision is filed within two weeks from today, the same shall be considered and disposed off by the Revisional Authority within 12 weeks thereafter.
Petition stands disposed off accordingly.
In view of disposal of the writ petition, I.A.1/2019 for amendment of prayer does not survive for consideration and is accordingly disposed off.
No order as to costs.
Chs* CT-HR Sd/- JUDGE