Karnataka High Court
Sri Manjunath C B vs The State Of Karnataka on 7 January, 2022
Author: H. T. Narendra Prasad
Bench: H. T. Narendra Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JANUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
WRIT PETITION No.1005/2021(S-RES)
BETWEEN:
1. SRI MANJUNATH C B
S/O LATE BASAPPA
AGED ABOUT 44 YEARS
WORKING AS
FIRST DIVISION ASSISTANT (I.C)
KARNATAKA STATE OPEN UNIVERSITY
REGIONAL CENTER
TUDA LAYOUT C.A 07
MARALURU (P)
TUMAKUR 570102.
2. SRI C M KRISHNEGOWDA
S/O C S MARIGOWDA
AGED ABOUT 47 YEARS
WORKING AS SECOND DIVISION CLERK
KARNATAKA STATE OPEN UNIVERSITY
MUKTHAGANGOTRI
MYSURU 570 006.
...PETITIONERS
(BY SRI.RANGANATHA S JOIS, ADV.)
2
AND
1. THE STATE OF KARNATAKA
REP BY THE SECRETARY
DEAPRTMENT OF EDUCATION (HIGHER)
M.S. BUILDINGS
BENGALURU 560 001.
2. THE KARNATKAA STATE OPEN UNIVERSITY
REP BY ITS REGISTRAR
MUKTA GANGOTHRI
MYSORE 570 006.
3. REGIONAL DIRECTOR
KARNATAKA STATE OPEN UNIVERSITY
REGIONAL CENTRE
TUDA LAYOUT
C.A 07, MARALUR POST
TUMKUR 02.
4. THE REGIONAL DIRECTOR
KARNATAKA STATE OPEN UNIVERSITY
REGIONAL CENTRE
NEAR SAI MANDIRA
MADHURANA, BADRANA
CHIKKAMAGALUR
...RESPONDENTS
(BY SMT. M.C.NAGASHREE, AGA. FOR R1:
SRI. PRASAD HIREMATH, ADV. FOR R2 & R3 )
THIS WRIT PETITION IS FILEDUNDER ARTICLES
226 OF CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-2 TO CONSIDER THE
REPRESENTATION MADE BY THE PETITIONERS DTD.
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05.10.2020 VIDE ANNX-F AND 07.10.2020 VIDE
ANNX-G AND TAKE ACTION TO REVIEW THE
SENIORITY LIST AND PROMOTIONS IN ACCORDANCE
WITH THE DIRECTIONS ISSUED BY THE
GOVERNMENT AND IN ACCORDANCE WITH LAW AS
EXPEDITIOUSLY AS POSSIBLE AND THEREAFTER TO
CONSIDER THE CASES OF THE PETITIONERS TO THE
NEXT HIGHER CADRE AND GRANT THEM ALL THE
CONSEQUENTIAL BENEFITS.
THIS WRIT PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned AGA is directed to take notice to respondent No.1.
In this writ petition, the petitioners have sought for the following reliefs:
1. Issue a writ of mandamus directing the 2nd respondent to consider the representation made by the petitioners dated 5.10.2020 vide Annexure-F and 7.10.2020 Annexure-G and take action to review the seniority list and promotions in accordance with the directions issued by the Government and in accordance with law as expeditiously as possible and 4 thereafter to consider the cases of the petitioners to the next higher cadre and grant them all the consequential benefits.
2. Pass any other appropriate order or direction as deemed fit and proper by this Hon'ble Court to meets the ends of justice..
2. The case of the petitioners is that petitioner No.1 was working as First Division Assistant and petitioner No.2 was working as Second Division Assistant in respondent No.2-Karnataka State Open University. The University has prepared the seniority list contrary to the Government Order. Therefore, the petitioners have given representation dated 5.10.2020 vide Annexure-F and representation dated 7.10.2020 vide Annexure-G to review of the seniority list as per the Government Order. Since the representations have not been considered by the respondent No.2, the petitioners are before this Court. 5
3. It is not in dispute that the petitioners have given representation dated 5.10.2020 vide Annexure- F and representation dated 7.10.2020 vide Annexure- G to the respondent No.2. Since the said representations have not been considered, it is suffice for this Court to direct the respondents to consider the said representations in accordance with law.
4. Accordingly, the petition is disposed of. The respondent Nos.2 and 3 are directed to consider the representation dated 5.10.2020 vide Annexure-F and representation dated 7.10.2020 vide Annexure-G in accordance with law within a period of three months from the date of receipt of copy of this order.
Sd/-
JUDGE DM