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Karnataka High Court

Smt. Manjula D/O. Honnu Pawar vs The State Of Karnataka on 8 April, 2022

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                  IN THE HIGH COURT OF KARNATAKA
                                             DHARWAD BENCH
                                DATED THIS THE 08TH DAY OF APRIL, 2022
                                                  BEFORE
                              THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                              WRIT PETITION NO. 101327 OF 2022 (S-RES)
                         BETWEEN:

                         1.   SMT. MANJULA D/O. HONNU PAWAR
                              AGED ABOUT 43 YEARS,
                              KANNADA TEACHER,
                              SRI MALIYAPPAYYASWAMY HIGH SCHOOL,
                              GADDANAKERI CROSS,
                              BAGALKOT, DIST. BAGALKOT-587102
                                                                      ...PETITIONER
                         (BY SRI.SUNIL S.DESAI, ADVOCATE)

                         AND:

                         1.   THE STATE OF KARNATAKA
                              REPRESENTED BY ITS SECRETARY,
                              DEPARTMENT OF HIGHER EDUCATION,
                              M S BUILDING, VIKAS SOUDHA,
                              BENGALURU-560001.

                         2.
          Digitally signed
                              THE CHAIRMAN,
J
          by J MAMATHA
          Location:           SRI. SIDDRAMESHWAR VIDYAVARDHAKA SANGHA
          Dharwad
MAMATHA   Date:
          2022.04.12
                              GADDANAKERI,
          16:56:35 +0530
                              DIST. BAGALKOT-587102
                                                                     ...RESPONDENTS
                         (BY SRI.V.S.KALASURMATH, HCGP FOR R1,
                             SRI PRAVEEN P.TARIKAR, ADVOCATE FOR R2)

                              THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
                         THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
                         MANDAMUS DIRECTING THE 2ND RESPONDENT TO CONSIDER THE
                         REPRESENTATION OF THE PETITIONER DATED 28-02-2022 AS PER
                         ANNEXURE-G AND EXTENDED THE BENEFIT OF SERVICE
                         WEIGHTAGE FOR EACH COMPLETED YEAR OF SERVICE, IN THE
                         INTEREST OF JUSTICE AND EQUITY.


                              THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
                         COURT MADE THE FOLLOWING:
                                 -2-




                                             WP No. 101327 of 2022




                             ORDER

The petitioner has sought for a mandamus to direct the 2nd respondent to consider his representation dated 28.02.2022. In the said representation, the petitioner is seeking for extension of the benefit of service weightage for each completed years of service.

2. Learned counsel for the petitioner submits that in similar matters, a direction has been issued to the respondents to consider the representation in the light of the decision rendered in the case of C.K.SHIVEGOUWA VS. KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY AND OTHERS reported in ILR 1998 KAR 271.

3. In view of the above, the 2nd respondent is directed to consider the representation dated 28.02.2022 regarding grant of benefit of service weightage for each completed years of service. The decision rendered by this Court in the aforementioned case shall also be taken into consideration while considering the case of the petitioner. Consideration shall -3- WP No. 101327 of 2022 be completed within a period of two months from the date of receipt of copy of this order.

4. Accordingly, petition is disposed of.

5. Shri Praveen P.Tarikar, learned counsel is permitted to file vakalath for respondent No.2.

(SD/-) JUDGE Jm/-