Karnataka High Court
Veerupakshppa S/O. Shashidhar Jatti vs The State Of Karnataka on 25 September, 2012
Author: Huluvadi G.Ramesh
Bench: Huluvadi G Ramesh
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 25TH DAY OF SEPTEMBER, 2012
BEFORE
THE HON'BLE MR JUSTICE HULUVADI G RAMESH
WRIT PETITION NOS.70117-121 OF 2012(S-RES)
Between:
1. VEERUPAKSHAPPA S/O. SHASHIDHAR JATTI
AGE: 28 YEARS, OCC: ASSISTANT
TEACHER IN KANNADA, MURARJI DESAI
RESIDENTIAL SCHOOL, NEGALUR,
TQ & DIST: HAVERI
2. MANJUNATH S/O. SHANTAPPA MUGALIKATTI
AGE: 26 YEARS, OCC: ASSISTANT
TEACHER IN SCIENCE, MURARJI DESAI
RESIDENTIAL SCHOOL, NEGALUR,
TQ & DIST: HAVERI
3. KUMARI SHOBHA D/O. RUDRAPPA SHIGGAVI
AGE: 26 YEARS, OCC: ASSISTANT
TEACHER IN KANNADA AT KITTUR RANI
CHENNAMMA RESIDENTIAL SCHOOL, GUTTAL
TQ & DIST: HAVERI
4. HANUMANTAPPA S/O. NAGAPPA TAVARAGI
AGE: 33 YEARS, OCC: PHYSICAL
EDUATION TEACHER AT KITTUR RANI
2
CHENNAMMA RESIDENTIAL SCHOOL, GUTTAL
TQ & DIST: HAVERI
5. KUMARI VINODA D/O. PRAKASH
YAMANAKKANAVAR
AGE: 28 YEARS, OCC: ASSISTANT
TEACHER IN SCIENCE AT KITTUR RANI
CHENNAMMA RESIDENTIAL SCHOOL,
GUTTAL, TQ & DIST: HAVERI ..PETITIONERS
(By Sri S A HUDDAR & M S HARAVI, ADVS)
And:
1. THE STATE OF KARNATAKA
R/BY ITS SECRETARY
TO SOCIAL WELFARE DEPARTMENT
VIKAS SOUDHA, BANGALORE-1
2. THE EXECUTIVE DIRECTOR
KARNATAKA RESIDENTAIL EDUCATIONAL
INSTITUTIONS SOCIETY(R),
NO. 179, 3RD FLOOR, ROOPA COMPLEX,
SHESHADRIPURAM 1ST MAIN ROAD,
BANGALORE-20
3. THE DISTRICT SOCIAL WELFARE OFFICER
DISTRICT ADMINISTRATIVE BHAVAN
HAVERI, DIST: HAVERI
4. THE DEPUTY COMMISSIONER
HAVERI, DIST: HAVERI
5. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYATH, HAVERI
3
DIST: HAVERI ..RESPONDENTS
(By SMT MEGHA C KOLEKAR, HCGP FOR R1 TO 4)
These Writ Petitions are filed under Articles 226 and
227 of the Constitution of India praying to direct the
respondents to extend the benefit of Karnataka Residential
Educational Institutions Society (Absorption of persons
working as Principals and Teacher in Murarji Desai and Kittur
Rani Chennamma Residential Schools on contract basis in to
establishment of Karnataka Residential Educational
Institutions Society) (Special) Regulations, 2011 by absorbing
the services of the petitioners in their respective posts and
further directing them to pay their salary and other service
benefits attached to the said posts.
These Writ Petitions coming on for preliminary hearing
this day, the Court made the following:
ORDER
Learned Government Pleader is directed to take notice for respondents 1 to 4.
2. These petitions have been filed by the petitioners seeking to issue writ of mandamus directing respondents to extend the benefit of Karnataka Residential Educational 4 Institutions Society Regulations, 2011 by absorbing their services in their respective posts and to pay the salary and other service benefits attached to the said posts on par with other similarly situated Government Teachers and also to quash the Karnataka Residential Educational Institutions Society (Cadre and Recruitment) Regulations, 2011 in so far as it relates to granting of service weightage to the Principals and Teachers appointed by the said Society and also to direct the respondents to extend the benefit of service weightage as specified under the Recruitment Regulations, 2011 to the petitioners as per Annexure 'Q' dated 21.1.2011.
3. Heard the learned counsel for the petitioners and the learned Government Pleader.
4. It is the submission of the learned counsel for the petitioners that in the batch of petitions filed before the Principal Bench in W.P.Nos.20204-20364/2011 and other 5 connected matters disposed of on 13.7.2012, petitions are partly allowed and these petitions may be disposed of in terms of the above said order.
5. Per-contra, the learned Government Pleader has submitted that petitioners are all appointed through the agency on contract basis and not directly by the Government. On concluding of contractual period they were removed as it was not binding on the Government to absorb and continue them in service and their appointments were only for one academic year. As such, question of quashing the regulations framed does not arise and petitioners have no right to seek for mandamus to continue their services as sought for. 6
6. In W.P.Nos.20204-20364/2011 and other connected matters disposed of by the Principal Bench, the operative portion of the order reads thus:
"Petitions are partly allowed. Petitioners are not entitled for absorption under the Absorption Regulations, 2011; the respondents shall regularise the Principals and teachers appointed prior to 2004-2005 and continued in service as on the date of Absorption Regulations, 2011 came into force subject to fulfilling the other conditions; it is declared that all the Principals and teachers including the petitioners herein appointed on or after 2004-2005 are entitled for the benefit of service weightage as specified in Recruitment Regulations, 2011; the respondents to complete the selection process pursuant to the recruitment notification dated 27.4.2011 by granting the benefit of service weightage to the petitioners and all other similarly situated Principals and teachers; since respondents have already processed the applications and issued final selection list and additional selection list, they have to redo the process of selection by extending the benefit of service weightage to the petitioners and similarly situated candidates; till the completion of selection process as stated above the present placement of petitioners and others who are continuing in service shall not be disturbed; the prayer in the writ petitions in so far as it relates to quashing of recruitment notification dated 27.4.2011 is hereby rejected; the writ petitions filed by the non- teaching staff are hereby dismissed."7
7. Since in similar situation the Principal Bench has passed a common order in the connected matters referred to above, these petitions are also disposed of in terms of the said order.
Learned Government Pleader is permitted to file memo of appearance within four weeks from today.
Sd/-
JUDGE bkp