IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 PRESENT THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R DEVDAS WRIT PETITION No.12577/2018(S-KAT) C/W WRIT PETITION No.21340/2019 (S-KSAT) IN W.P.No.12577/2018 Between:
Smt. Sudhakumari. H. W/o Sri. T.Govindaraju Aged about 57 years R/at Raghavendra Krupa Now”Sri Venkateshwara Krupa” 5th Main, Vijayanagara Tumakuru-572102 …Petitioner (By Sri T. Govinda Raja, Advocate) And :
1. The State of Karnataka, By its Secretary, Higher Education, M.S. Building Bengaluru 560 001.
2. The Secretary Primary and Secondary Education M.S. Building, Bengaluru – 560 001.
3. The Commissioner for Public Instruction New Public Office K.R. Circle, Bengaluru 560 001 4. Director of Public Instruction, Secondary Education New Public Office K.R. Circle, Bengaluru – 560 001.
5. The Director of Technical Education New Public Office K.R. Circle, Bengaluru- 560 001 6. The Chief Executive Officer Zilla Panchayath B.H. Road, Tumkur 572 101 7. The Deputy Director of Public Instruction, Dr.Radhakrishna Road B.H. Road, Tumkur 572 101 8. The Vice Principal Government Junior College (Boys) Dr. Radhakrishna Road B.H. Road, Tumkur 572 101 ...Respondents (By Sri. Tharanath Poojary, AGA) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to set aside the impugned order of the Karnataka Administrative Tribunal at Bengaluru in Application No.1139/2015 dated 13.12.2017 in Annexure-B by modifying it; set aside the order of the 4th respondent dated 05.03.2018 in annexure-E and etc., IN W.P.No.21340/2019 Between:
Smt. Sudhakumari. H. W/o Sri T.Govindaraju Aged about 57 years R/at Raghavendra Krupa Now”Sri Venkateshwara Krupa” 5th Main, Vijayanagara Tumakuru-572102 …Petitioner (By Sri T. Govinda Raja, Advocate) And :
1. The State of Karnataka, By its Secretary, Higher Education, M.S. Building Bengaluru 560 001.
2. The Secretary Primary and Secondary Education M.S. Building Bengaluru – 560 001.
3. The Commissioner for Public Instruction New Public Office,K.R. Circle Bengaluru 560 001 4. Director of Public Instruction, Secondary Education New Public Office, K.R. Circle Bengaluru – 560 001.
5. The Director of Technical Education New Public Office K.R. Circle Bengaluru- 560 001 6. The Chief Executive Officer Zilla Panchayath B.H. Road Tumkur 572 101 7. The Deputy Director of Public Instruction, Dr. Radhakrishna Road B.H. Road Tumkur 572 101 8. The Vice Principal Government Junior College (Boys) Dr. Radhakrishna Road B.H. Road, Tumkur 572 101 9. The Joint Director Office of the Regional Joint Director K.R. Circle, Bengaluru 560 001 10. The Commissioner The Department of Collegiate Education, K.G.Road Bengaluru 560 001 11. The Acting Principal Government Drawing College Dr. Radhakrishna Road B.H. Road Tumakuru 572 101. ...Respondents (By Sri Tharanath Poojary, AGA) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to set aside the impugned order of respondent No.9, dated 25.05.2018 vide Annexure A-23 and etc., These Writ Petitions coming on for Preliminary Hearing in 'B' Group this day, NARAYANA SWAMY J., made the following:
ORDER In this petition, the petitioner has prayed to set aside the order of the Karnataka Administrative Tribunal at Bengaluru in application No.1139/2015 dated 13.12.2017 as per Annexure-A and to issue writ of certiorari and writ of mandamus directing the respondents to expedite the process of merger of the post of the petitioner in the Government Drawing college, Tumakuru in the Office of the Deputy Director of Technical Education in turn now in the Department of Collegiate Education and to pay arrears of salary as per the order of KAT.
2. The petitioner was appointed as Drawing Teacher through SLRC in the Education Department and reported for duty on 17.07.2002. She was working at Girls Government High School Chelur, Gubbi Taluk and transferred to Government Junior College, and she was deputed to the Government drawing college Tumkur and she was relieved and she reported for duty at Government drawing college Tumkur and serving there since more than 07 years and Repatriation order dated 19.05.2014 issued by the Director of Technical Education Department, Bengaluru repatriating the petitioner from Government High School, Chelur, Gubbi Taluk, Tumkur District to the parental Department of Technical Education was the subject matter before the Tribunal. It was case of the petitioner that she got absorbed in the services of Technical Education. Though the said order has been placed before the Tribunal, the KAT has failed to look into it and has committed an error.
3. Secondly, in the connected application, the order issued by the respondent directing the petitioner to report to duty at Education Department dated 25.05.2018 was the subject matter which also came to be dismissed. Hence, these petitions.
4. Grounds taken by the petitioner is that on 19.5.2014 a proposal was sent by the Director of Technical Education to Government for merging the applicant’s post to work at Government Drawing College. It was intimated by the Joint Director of Technical Education to the Chief Executive Officer, Zilla Panchayath, Tumkur to continue the Deputation, obviously for completing the process of absorption with concurrence of the Finance Department regarding the Salary etc. Therefore, the subsequent order of the 4th respondent dated 05.03.2018 is not tenable in law, by over lapping the previous orders including the order of the Government of Karnataka. It is submitted that respondents have no right to repatriate the services in view of the observation made by the Technical Education Department and it is contrary to law.
5. Learned Government Advocate on the other hand placed reliance on the documents pertaining to the salary drawn during the month of June 2019 and even till date the salary is being paid by the Education Department itself. As per Government Order dated 21.02.2013, she has been permitted to draw the salary where she is working in the Government Junior College ( High School Section) B.H. Road, Tumkur to shift along with post to the Technical Education, but the said order was not implemented till today. Hence, cancelled the deputation of the petitioner and deputation is just a temporary arrangement and it is not a vested right. Hence, it is requested to dismiss the petition of the petitioner.
6. The letter addressed by the Government, Principal Secretary, Primary and Secondary Education Department, Bengaluru cannot be construed as absorption order. If petitioner could place reliance on any Government order of absorption, then the same cloud be considered.
7. Once the petitioner is transferred on deputation to Technical Department for a term of five years with effect from 29.08.2011 the period is completed by the end of 2015 and rightly the respondents have issued the order directing the petitioner to report to duty at Education Department which is just and proper.
8. Secondly the claim of the petitioner that services have been absorbed in Technical Education Department is not supported by any such absorption order, as the salary is paid by the Education Department upto the month of June 2019. That itself shows that Department of Education has paid the salary. If it is the case of the petitioner that her service has been absorbed then petitioner should have produced any bill or any such salary details.
9. In the above said facts and circumstances, we hold that order passed by the Tribunal is sound and proper and no grounds are made out for interference in both the writ petitions.
Petitions are accordingly dismissed.
SD/- JUDGE SD/- JUDGE HR