B. P. Ramaiah S/O. Late Papayya vs The Commissioner on 23 September, 2013

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Karnataka High Court

B. P. Ramaiah S/O. Late Papayya vs The Commissioner on 23 September, 2013

Bench: Ashok B. Hinchigeri

                              -1-


            IN THE HIGH COURT OF KARNATAKA,

                       DHARWAD BENCH

       DATED THIS THE 23RD DAY OF SEPTEMBER, 2013

                            BEFORE

     THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI

            WRIT PETITION No.79565/2013 (S-RES)

BETWEEN:

B. P. RAMAIAH S/O. LATE PAPAYYA
RETD LECTURER, AGE:67 YEARS,
R/AT: C/O. AMBARISH G.
SABLE BUILDING, HIREMATH ONI,
HOSA YALLAPURA ROAD,
DHARWAD.                                ... PETITIONER

(BY SRI RAJENDRA C.DESAI, ADVOCATE)

AND:

1.     THE COMMISSIONER
       DEPARTMENT OF COLLEGIATE EDUCATION
       SHESHADRI ROAD, BANGALORE

2.     THE DIRECTOR
       DEPARTMENT OF COLLEGIATE EDUCATION,
       SHESHADRI ROAD, BANGALORE

3.     THE JOINT DIRECTOR
       DEPARTMENT OF COLLEGIATE EDUCATION,
       MINI VIDHANA SOUDHA, DHARWAD

4.     THE PRINCIPAL
       DR. A.V. BALIGA ARTS AND SCIENCE COLLEGE
       KUMATA, DIST: U.K.                ... RESPONDENTS

(BY SRI K.S.PATIL, HCGP FOR R1 TO 3,
                               -2-


     R4 SD)

      THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE
RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER FOR
FIXATION OF HIS PAY CONSIDERING HIS Ph.D DEGREE IN THE YEAR
1993 AND GRANT TWO ADVANCE INCREMENTS WITH ALL
CONSQUENTIAL BENEFITS.

    THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B'
GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

The petitioner's grievance is that his representation for the grant of two increments on account of his acquiring the Ph.D. and for the consequent re-fixation of his basic pay have remained unconsidered.

2. I am disinclined to entertain this petition on the short ground of the availability of alternative remedy. Keeping all the contentions open and reserving the liberty to the petitioner to avail of the alternative remedy of filing the petition for direction under Section 133 of the Karnataka Education Act, 1983, I dispose of this petition.

3. If the petitioner files the petition for direction within two weeks from today, the competent authority shall dispose of -3- the same in accordance with law and as expeditiously as possible and in any case within an outer limit of two months from the date of filing of the anticipated petition. No order as to costs.

Sd/-

JUDGE Jm/-

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