Sri. Chalapathi Reddy G. vs Bangalore University on 23 February, 2017

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Karnataka High Court

Sri. Chalapathi Reddy G. vs Bangalore University on 23 February, 2017

Bench: A.N. Venugopala Gowda

                           1




  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 23RD DAY OF FEBRUARY, 2017

                      BEFORE

  THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

           WRIT PETITION NO.51147/2012 (S-R)


BETWEEN:

SRI CHALAPATHI REDDY G.
S/O LATE G. NARAYANA REDDY
AGED ABOUT 59 YEARS
ASSISTANT DIRECTOR
CENTRE FOR ADULT/ CONTINUING
EDUCATION AND EXTENSION WORK
BANGALORE UNIVERSITY
JNANA BHARATHI CAMPUS
BANGALORE - 560 056.
                                            ... PETITIONER

(BY SRI S.V. NARASIMHAN, ADV.)


AND:

BANGALORE UNIVERSITY
JNANA BHARATHI
BANGALORE - 560 056
REPRESENTED BY ITS REGISTRAR
                                        ... RESPONDENT

(BY SRI T.P. RAJENDRA KUMAR SUNGAY, ADV.)


     THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE
RECORDS PERTAINING TO NOTIFICATION DATED 27.01.2012
                                    2




PASSED BY RESPONDENT AT ANNEXURE-Q & PERUSE THE
SAME; QUASH THE NOTIFICATION DATED 27.01.2012 PASSED
BY RESPONDENT AT ANNEXURE-Q; DIRECT THE RESPONDENT
TO CONTINUE THE PETITIONER IN THE SERVICE TILL HE
COMPLETES 62 YEARS OF AGE I.E., 31/12/2014.

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

                                 ORDER

To quash the notification dated 27.01.2012, as at Annexure-Q and for issue of a writ in the nature of mandamus against the respondent, to continue the petitioner in service till he completes the age of 62 years, this petition was filed.

2. The petitioner joined service of the respondent under the National Adult Education Programme pursuant to the order as at Annexure-A. He was placed incharge of the work of Assistant Director of Statistics during the year 1992 and asked to look after the work relating to statistical cell of the university. W.P.No.46494/2003 filed to extend UGC pay scale was disposed of on 11.03.2011 vide order at Annexure-K. 3

3. Contending that the petitioner did not discharge the duty of a Teacher, as he was appointed as a Coordinator under NAEP, the claim of the petitioner made in this petition was resisted by the respondent by filing statement of objections.

4. Reliance having been placed by the petitioner on the order dated 26.03.2014 passed in W.P.No.2862/2014 and parity having been claimed, the respondent released the terminal benefits like leave encashment, DCRG, CVP, monthly pension, family pension etc. to the petitioner by treating his services upto 31.12.2014, with which the petitioner completed the age of 62 years i.e., age of superannuation of the teaching faculty in the respondent - University. Terminal benefits in terms of the aforesaid order having been paid, was reported on 07.08.2015. The respondent has made payment pursuant to the order dated 08.05.2015, by treating the petitioner as a member of the teaching faculty.

5. The case of the petitioner is identical to the order passed in W.P.No.2682/2014. Following the said order and for the reasons assigned therein, the petition stands disposed of accordingly. Consequently, Annexure- Q is quashed.

As all the service benefits payable to the petitioner has been released pursuant to the order passed on 08.05.2015 by the respondent - University, no further direction in this petition is warranted.

Ordered accordingly.

Sd/-

JUDGE ca

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