IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION NOS.40166-40168/2014 (S- RES) BETWEEN:
1. SRI. RAVIKUMAR S SON OF SANJEEVAPPA AGED ABOUT 36 YEARS WORKING AS PHYSICAL EDUCATION TEACHER MORARJI DESAI/ KITTUR RANI CHENNAMMA GIRLS RESIDENTIAL SCHOOLS CHALAKERE TOWN PAVAGADA ROAD – 577 546 CHITRADURGA DISTRICT.
2. SRI. MURALIMOHAN NAIK SON OF BEEKYA NAIK AGED ABOUT 34 YEARS WORKING AS COMPUTER TEACHER MORARJI DESAI/ KITTUR RANI CHENNAMMA GIRLS RESIDENTIAL SCHOOLS CHALAKERE TOWN PAVAGADA ROAD – 577 546 CHITRADURGA DISTRICT.
3. SRI. P. PATHALINGAPPA SON OF M. PATHAPPA AGED ABOUT 30 YEARS WORKING AS PRINCIPAL MORARJI DESAI/ KITTUR RANI CHENNAMMA GIRLS RESIDENTIAL SCHOOLS CHALAKERE TOWN PAVAGADA ROAD – 577 546 CHITRADURGA DISTRICT.
(BY SMT. S.M. SHARAVATHI, ADVOCATE SRI. H.B. RAJU, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY DEPARTMENT OF SOCIAL WELFARE M.S. BUILDING BENGALURU – 560 001.
2. THE KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY REPRESENTED BY ITS EXECUTIVE DIRECTOR NO.179, ROOPA COMPLEX SHESHADRIPURAM BENGALURU – 560 009.
…PETITIONERS ... RESPONDENTS (BY SRI. SREEDHAR N. HEGDE, HCGP FOR R1;
SRI. M.N. MADHUSUDHAN, ADVOCATE FOR R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONERS.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In the instant petitions, the petitioners have sought for the following reliefs:-
“1. TO, ISSUE A WRIT OF MANDAMUS, in the nature of Order or direction, directing the Respondents to consider the representation dated 11.07.2014, which is produced and marked as Annexure-F as per the Final Order passed in Writ Petition Nos.20204-20364/2011 as per Annexure-G. In these Writ Petitions this Hon’ble Court has directed the Respondents to consider the claims of the Petitioners in the light of the recommendation made by the Executive Director of the Respondent Society for extending the benefit of weightage of 5% for each completed years of service rendered by the Petitioners in the Institution run by the Respondents, in the interest of justice and equity.
2. TO DIRECT, the Respondents to extend the benefit of service weightage till 2014 and then prepare and publish the Final Select List, in the interest of justice and equity.
3. TO GRANT, such other reliefs as this Hon’ble Court deems fit to grant under the circumstances of the case, in the interest of justice and equity.”
2. Undisputedly the concerned respondent has not taken a decision whether the petitioners are entitled for relief sought in their representation vide Annexure-F dated 11.07.2014.
3. The concerned respondent is hereby directed to take a decision and pass an appropriate speaking order relating to the petitioners’ grievance and communicate such speaking order within a period of four weeks from the date of the receipt of this order.
With the above observations, petitions stand disposed of.
Sd/- JUDGE SJK