Sri D Manjunath vs The Government Of Karnataka on 12 July, 2019

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Karnataka High Court

Sri D Manjunath vs The Government Of Karnataka on 12 July, 2019

Bench: P. B. Bajanthri

                             1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 12TH DAY OF JULY, 2019

                        BEFORE

      THE HON'BLE MR.JUSTICE P. B. BAJANTHRI

       WRIT PETITION No.50349 OF 2018(S-RES)

Between:
Sri D. Manjunath
S/o late Sri Dasarappa,
Aged about 53 years,
Selection Grade Lecturer
Department of Mechanical Engineering
M.E.I.Polytechnic
Bengaluru - 560010                         ... Petitioner

(By Sri Janardhana .G, Advocate)

And
1.    The Government of Karnataka
      Education Department
      (Ministry of Higher Education)
      Vidhana Soudha,
      Dr. B.R.Ambedkar Road,
      Bengaluru - 560 001.

2.    Director of Technical Education
      Palace Road,
      Bengaluru - 560 001.

3.    The Principal
      M.E.I. Polytechnic,
      Rajajinagar,
      Bengaluru - 560 010.              ... Respondents
                                2



(By Smt. M.S.Prathima, AGA for R2;
Sri M.R.C.Ravi & Smt. Sunitha Srinivas, Adv. for R3;
Service of notice to R1 is accepted V/o dt: 20.06.2019)

      This writ petition is filed under Articles 226 and
227 of Constitution of India, praying to quash the order
dated 22.03.2018 issued by R-2 to 3 in withdrawing the
Pay Band - IV pay scale to the petitioner under Annex-H
to the writ petition and etc.,

     This writ petition coming on for 'Orders' this day,
the Court passed the following:-

                           ORDER

With the consent of the learned counsel for the parties, the matter is taken up for final disposal.

2. Petitioner has sought for the following reliefs:

i)Quash the order dated 22.03.2018 in No.DTE/19/EST(4)(B)(1) 2017-2018 issued by the respondent No.2 to the 3rd respondent in withdrawing the Pay Band-IV Pay Scale to the petitioner under Annexure-H to the Writ Petition; and

ii)Direct the 2nd respondent to regularize petitioner's Pay Band-IV Pay Scale with effect from 20.12.2011 by granting post facto approval in terms of the request made by the 3rd respondent to 2nd respondent under Annexure-D dated 03.10.2013 and

iii)Grant any other writ, order or direction as this Hon'ble Court deems fit to grant to the Petitioner in the circumstances of the case.

3. There is a dispute relating to extending particular Pay Band-IV pay scale. The Director of Technical Education is of the view that petitioner is not entitled to Pay Band-IV in the Selection Grade and the Director has stalled the payment of Pay Band-IV Selection Grade to the petitioner and further ordered failing which necessary action will be taken against the Principal, M.E.I. Polytechnic (Aided).

4. Perusal of Annexure-H impugned action of the Director of Technical Education Department is without hearing the petitioner before stalling the payment of Pay Band-IV in the Selection Grade to the petitioner. Petitioner has not been heard as is evident from the communication dated 22.03.2018.

5. Accordingly, Annexure -H shall be treated as show cause notice to the petitioner and respondent No.3-Management.

6. Petitioner is hereby directed to furnish explanation/reply to stand by that he is entitled to Pay 4 Band-IV Selection Grade scale within a period of four weeks from today. Thereafter, respondent No.2-Director is permitted to pass a speaking order and communicate the decision to the petitioner.

With the above observations, writ petition stands disposed of.

I.A.No.1/2019 does not survive for consideration in view of the disposal of the petition.

Sd/-

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