IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R DEVDAS WRIT PETITION Nos.40116-40120/2019 (S – KSAT) Between:
1. Sri Umesh Naragund S/o. Shankarappa Naragund Aged about 36 years Working as Assistant Teacher Government Composite PU College, Yergole Yadgir Taluk and District – 585 218 2. Smt. Suneetha W/o. S.S. Gala Gali Aged about 33 years Working Assistant Teacher Government High School Yedrami, Jewargi Taluk Kalaburagi District – 585 310 3. Smt. Usha K.B.
W/o. Govindaraju B.P. Aged about 30 years Working as Assistant Teacher Government High School Kollur, Shahapur Taluk Yadgir District – 585 340 4. Smt. D. Subiya W/o. Mahammed Saleem Zandekatti Aged about 31 years Working Assistant Teacher Government Junior College Yadgir District – 585 210 5. Sri. Chandrappa E Kenchanatti S/o. Erappa Kenchanatti Aged about 34 years Working as Assistant Teacher Government Higher Primary School Shivoor, Afzalpur Taluk Kalaburgi District – 585 217 (By Sri. M.S. Bhagwat, Advocate) And :
1. The State of Karnataka Represented by its Principal Secretary Education Department M.S. Building Bengaluru – 560 001 2. The Commissioner of Public Instructions …Petitioners Nrupathunga Road K.R. Circle Bengaluru – 560 001 3. The Deputy Director of Public Instructions Kalburgi District Kalburgi – 585 101 4. The Deputy Director of Public Instructions Yadgir District Yadgir – 585 201 (By Smt. M.S. Prathima, AGA) ...Respondents These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order dated 19.08.2019 passed by Karnataka State Administrative Tribunal in Application No.4774-4777 and 4779/2019 to the extent of rejecting the interim prayer (Annexure-A) in so far as petitioners are concerns and consequently grant the interim prayer as prayed for in the said application 4774-4777 and 4779/2019.
These Writ Petitions coming on for Preliminary Hearing this day, Narayana Swamy J, made the following:
ORDER The prayer made by the petitioners in these writ petitions is to quash the impugned order dated 19.8.2019 passed by the Karnataka State Administrative Tribunal in Application Nos 4774 -4277 and 4779/2019 to the extent of rejecting the interim prayer in so far as petitioners are concerned.
2. The learned counsel for the petitioners submit that the Tribunal instead of granting interim order permitting the petitioner to participate in the counseling, has issued only notice to the respondents and granted two weeks time to the respondents to file the reply and also observed that there is no ground to grant interim relief without reply from the respondents.
3. The learned AGA submits that the interim order is not rejected but the same will be considered after filing the reply.
4. In the facts and circumstances, we feel that it would not be appropriate to entertain these writ petition. These writ petitions are disposed off reserving the liberty to the petitioners to file fresh application before the Tribunal and seek interim relief.
The learned AGA appearing for respondents is permitted to file her memo of appearing within two weeks from today.
SD/- JUDGE SD/- JUDGE nm