Karnataka High Court
S Devaraja S/O Pathri Basappa vs The State Of Karnataka on 4 August, 2011
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD : Dated this the 047 day of August 2011. Before THE HON'BLE MR.JUSTICE B. SREZNIVASE, GOWDA : Writ Petition Nos. 64989-64996 /201 1 (S-RES! : BETWEEN: | 1. SRI S.DEVARAJA a S/O PATHRI BASAPPA, AGED ABOUT 55 YEARS, OCC: HEAD MASTER, 2. SRIR. CHANDRAPPA _ S/O R-HALAPPA, AGED ABOUT 48. YEARS, Occ: ASSISTANT T EACHER, 3. SRIRAMAPPA S/O.SHIVAPPA,..- _ AGED ABOUT 47 YEARS, aa occ: ASSISTANT TEACHER, 64 MEP. KENCHAVEERAPPA, "= S70 CHANAPPA, AGED ABOUT 49 YEARS, OCE: ASSISTANT TEACHER, 8 SRI B.BASAVARAJA "S/O THIRUKAPPA, AGED ABOUT 46 YEARS, OCC: ASSISTANT TEACHER, a (BY SRI. G.M.CHANDRASHEKAR, ADV.) AWD: SRI N.JAGADESH, S/O CHANNABASAPPA, AGED ABOUT 54 YEARS, OCC: ASSISTANT TEACHER, SRI B.M. VIRUPAKSHAIAH, S/O B.M.CHANNABASAIAH, AGED ABOUT 43 YEARS, OCC: WATCH MAN, ALL ARE WORKING AT. SRI BASAVESHWARA HIGH SCHOOL. RAMAPURA, KUDLIGE: TALUK, . BELLARY DISTRICT. oe SRI K.M.PRAKASH S/O K.M. SHARANAIAH, - AGED ABOUT 32 YEARS, OCC: RINDI TEAG HER | . WORKING AT. SRI GURUK OTTURESHWARA HIGH SCHOOL, KOTTUR, KUDLIGI TALUK, BEL LARY DISTRICT. ... PETITIONERS _ THE STATE OF KARNATAKA, BY. ITS SECRETARY, DEPARTMENT OF PRIMARY EDUCATION > _ MULTISTORIED BUILDING, » VIDHANA VEEDHI, BANGALORE-O1. THE COMMISSIONER, DEPARTMENT OF PRIMARY EDUCATION, NRUPATUNGA ROAD, BANGALORE-O1. as 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, a ADMINISTRATION, DEPARTMENT OF ae PUBLIC INSTRUCTIONS, oe BELLARY DISTRICT, BELLARY. 4. THE BLOCK EDUCATION OFFICER, KOPPAL TQ. KOPPAL, --o BELLARY DISTRICT. 5. SRI MALLIKARJUNA VIDYA SAMASTHE'®, ~ KOTTUR, KUDLIGI TALUK, nn BELLARY DISTRICT, REP. BY ITS SECRETARY. _..RESPONDENTS (BY SMT. MEGHA C. KOLEKAR, HCGP, THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 2s 227 .OF THE CONSTITUTION OF INDIA WITH A: PRAYER TO. DIRECT THE RESPONDENT NO.1 TO 5, DIRECTING THEM TO TAKE INTO ACCOUNT THE SERVICE OF THE PETITICNERS FROM THE DATE OF THEIR INITIAL ENTRY i E., FROM-THE:-DATE OF APPOINTMENT INSTEAD OF FROM THE DATE OF THEIR POSTS GRANT-IN-AID & Lo THESE WRIT PETITIONS COMING ON FOR __. PRELIMINARY HEARING THIS DAY, THE COURT MADE THE © FOLLOWING:. ~ ORDER
Petitioners aggrieved by the inaction on the part of "the yespondents in not considering their cases for a promotion, increments and other consequential benefits oe from the date of their appointments have preferred this Writ Petition seeking a writ of mandamus directing the respondents to reckon the service of the petitioners he. 7 from the date of appointment. instead of daue of pest -
admitted into Grant-in-Aid.
2. The learned courisel for petitioners submits that the case of petitioners is covered by a decision of this Court in W.P.No. 19431/2005 'and connected petitions in v. 1. s. JE EVABAL v/ S STA rE OF KARNATAKA AND OTHERS. disposed of on 13. 10.2006 following the said. _decisioh.- this Court, allowed W.P. No.20366- 71/2010 (S-Res) preferred by the persons similarly placea. like that of petitioners and directed the resporidents.. to reckon their services from the date of initial smobiiment and not from the date of admitting their posts into the benefits of Grant-in-Aid.
3. As no material is placed before the Court as . to whether petitioners before filing this Writ Petition \.
have approached the respondents and respondents | have not considered their request. I deem it just and 'proper to dispose of these Writ Petitions with the following observations. =
4. These Writ Petitions ae disposed of with a liberty to the petitioners to Sia representations to the respondents apprising" their grievances and requesting them to consider their. 'ase. in the light of decision of this Court In 'the above raentioned cases. In the event of petitioners. me making . "ony, : "such representations, respondents ave. directed to consider and dispose of the same in the light oF j judgments of this Court in W.P. No. 19431/2005 and connected petitions in V.T.S. Jeyabal V/s State of Karnataka and others disposed of 'on' 13-10-2006 'within three months from the date of receipt of said representations.
as Government Advocate is directed to take notice and is granted two weeks time to file Memo _ of appearance.
Bs/- ct: byg/-