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Karnataka High Court

Sri. Nabirasul Jakati S/O Dastgir Sab vs The State Of Karnataka Anr on 1 August, 2012

Bench: Dilip B. Bhosale, L.Narayana Swamy

                                  1




           IN THE HIGH COURT OF KARNATAKA
              CIRCUIT BENCH AT GULBARGA

       DATED THIS THE 01ST DAY OF AUGUST 2012

                          PRESENT

       THE HON'BLE MR.JUSTICE DILIP B. BHOSALE

                             AND

      THE HON'BLE MR.JUSTICE L.NARAYANA SWAMY

       WRIT PETITION NO.80043 OF 2012 (S-KAT)

BETWEEN

Sri Nabirasul Jakati
S/o Dastgir Sab
Aged about 46 years
Occ: Asst. Master
Government High School
Bankur,
Taluk: Chittapur
District: Gulbarga
R/o Desangi
Taluk: Jewargi
District: Gulbarga
                                                    ...Appellant
              (By Shri. Huleppa Heroor, Advocate)

AND

1. State of Karnataka
   Represented by its Secretary
   Education Department
   M.S. Building
   Bangalore - 560 001
                                  2




2. The Director
   Pre-University Board
   Sampige Road
   18th Cross, Malleshwaram
   Bangalore - 560 012

                                                      ...Respondent
                      (Shri M. Kumar, AGA)

   This writ petition is filed under Articles 226 and  of the
Constitution of India praying to issue a writ, order or direction in
the nature of certiorari to quash the order passed by the
Karnataka Administrative Tribunal on 15.11.2011 in application
No.6837 of 2010 vide Annexure-K and direct the respondents to
issue the promotion order as a Hindu Lecturer as per already
given place and college Code No.KK 053 Government Pre-
University College, Salagar (V.K.) Taluk: Aland, District:
Gulbarga.

      This writ petition coming on for preliminary hearing, this
day, the court passed the following:

                            ORDER

PC:

This writ petition is directed against the order passed by the Karnataka Administrative Tribunal at Bangalore, dated 15th November 2011 in Application No.6837 of 2010, whereby the petitioner's claim for promotion to the post of Hindi Lecturer in the Department of Pre-University College, has been rejected.

2. Petitioner entered into a service as Secondary School Teacher in 1989 and then he was promoted as Secondary School Teacher Grade-II, on 17th May 2006. His name was therefore found in the list published by the Director of Public Instructions, dated 18th October 2010, at Sl.No.929 and he will be, according to the respondents, entitled for promotion whenever his turn reaches. The respondents have not denied that the petitioner is not eligible to be promoted to the post he is aspiring for, however, he will have to wait for his turn.

3. Learned counsel for the petitioner submits that since he was having Post-graduate Degree and hence at the entry level itself, he was placed at Sl.No.1 and 3 respectively, in the lists of Post-graduates at Annexures-A1 and A2, and therefore, he is entitled for promotion on the basis of this placement in the lists, to the post of Hindi Lecturer in the Pre-University College.

4. This does not appear to be correct. The eligibility lists of Post-graduates show the date of entry into service of the petitioner as 25th March 1989 and therefore, he was placed at Sl.No.1 and 3 respectively in the said lists. However, the date 4 mentioned in the said lists is the date of his entry into service and not the date of his promotion to the next cadre, i.e. High School Teacher Grade-II. As a matter of fact, he was promoted to the cadre of High School Teacher Grade-II on 17th May 2006, and therefore, his seniority in the cadre of High School Teacher Grade-II counts from that date and not from the date of his entry into service. The Tribunal has considered the method of recruitment and minimum qualification prescribed for promotion to the cadre of Lecturer in the Government Pre-University Colleges, and having considered all that, for the reasons recorded in paragraphs 7 and 8 of the order, dismissed the petition. The reasons recorded by the Tribunal, read thus:

"7. ...... The contention of the applicant is that he having joined service on 25.3.1989 and having a post-graduate degree in the subject taught by him namely Hindi, he is eligible for consideration of promotion to the post of Government Pre-University College. As pointed out by the learned Additional Government Advocate though the date of entry of the applicant into service is 25.3.1989 as also shown in Annexures R1 and R2, he was promoted to the cadre of High School Teacher Grade-II on 17.5.2006 5 and that therefore his eligibility would be based on the said date and not on the date of entry into service. Based on the date of promotion, the applicant is placed at Sl.No.929 in the eligibility list of High School Teachers with post graduate degree as on 16.8.2010.

8. In view of the above, consideration of the promotion of the applicant would be in accordance with his eligibility based on his promotion to the post of High School Teacher Grade-II and as seen from Annexure-A3, the candidates being considered for promotion have entered service as Assistant Masters/High School Teachers is 12.1.1990 onwards. The applicant having entered the said cadre on 15.7.2006 will have to await his turn for promotion in accordance with the gradation list as at Annexure- R1. In the said view of the matter, though the applicant has appeared for counselling upon the direction of this Tribunal, the respondent-authorities have to consider his case for promotion based upon his seniority and in accordance with the eligiblity list; that therefore, we hold that the applicant has to await his turn for promotion and no direction can be issued for the present for consideration of his promotion as Lecturer in Hindi."

5. We do not find any reason to take a view, different from the one taken by the Tribunal. No case for interference is made out. Hence petition is dismissed.

Sd/-

JUDGE Sd/-

JUDGE lnn