Karnataka High Court
Mahesh S/O Gadigeyya Chantrantimath vs The State Of Karnataka on 7 September, 2012
Author: Huluvadi G.Ramesh
Bench: Huluvadi G Ramesh
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
Dated this the 7th day of September, 2012
Before
THE HON'BLE MR JUSTICE HULUVADI G RAMESH
Writ Petitions 65472 - 495 / 2012 (S - Reg) )
Between:
1 Mahesh S/o Gadigeyya Chantrantimath
38 yrs, Physical Education Teacher
Morarji Desai Residential School
Bailhongal, Belguam District
2 Manjunath S/o Revappa Ganagi
31 yrs, Principal
3 Ravi S/o Basavantappa Rodbasannavar
35 yrs, Hindi Teacher
4 Vittal S Badiger, 25 yrs
Mathematics Teacher
5 Shreedevi D/o Gangadharayyaswami Kotimath
29 yrs, English Teacher
6 Sangeeta D/o Ramesh Murgod, 26 yrs
Physical Education Teacher
7 Roop D Mutnal, 25 yrs
Social Studies Teacher
2
8 Pradeep S/oShivaputragouda Patil
26 yrs, Science Teacher
2-8 are at Kittur Rani Chennamma
Residential School, Bailhongal
Belgaum
9 Prashant S/o Fakirapa Holi, 25 yrs
Mathematics Teacher
10 Basavaraj S/o Shivalingappa Angadi
25 yrs, Science Teacher
11 Sandeep A Kamble, 25 yrs
Social Studies Teacher
12 Shrishail S/oBhimappa Holer, 25 yrs
Physical Education Teacher
13 Smt Rani Malagouda Magadum, 28 yrs
Mathematics Teacher
9-13 are at Morarji Desai Residential School
Bailhongal, Belgaum
14 Dyanadev S/o Krishnappa Rathod, 30 yrs
Principal,
15 Vittal S/o Yallappa Golasangi, 30 yrs
English Teacher
16 Bhimashappa S/o yallappa Kankannavar
31 yrs, History Teacher
17 Ravi S/o Bhimappa Pujeri, 30 yrs
Physical Education Teacher
3
18 Roop D/o Basalingappa Hanchinmani
26 yrs, Mathematics Teacher
19 Keerti D/o Basaprabhu Vibhute 26 yrs
Hindi Teacher
14-19 are at Morarji Desai Residential Schol
Halabhavi, Belgaum
20 Mohammadrafi S/oImamhussain Nadaf
28 yrs, Science Teacher
21 Sharavva D/o Ulavappa Undi, 27 yrs
Kannada Teacher
22 Deepa D/o Somappa Kadrolli, 27 yrs
Mate\hematics Teacher
23 Smt Akkavva W/o Bhimappa jadhav
36 yrs, Hindi Teacher
24 Nandha D/o Mallanagouda Patil, 28 yrs
Science Teacher
20-24 are at Morarji Desai Residential
School, Vakkund, Belgaum Petitioners
(By Sri Jagadish Patil, Adv.)
And:
1 State of Karnataka - by its Chief Secretary
Vidhana Soudha, Bangalore 1
2 State of Karnataka - by its Prl. Secretary
Dept. of Social Welfare, M S Building
Bangalore
4
3 State of Karnataka - by its Prl. Secretary
Dept. of Rural Development & Panchayat Raj
M S Building, Bangalore
4 State of Karnataka - by its Secretary
Dept. of Education (Primary & Secondary Edn.)
M S Building, Bangalore
5 Executive Director
Karnataka Residential Educational Institutions
Society, # 179, 3rd Floor, I Main Road
Seshadripuram, Bangalore
6 Chief Executive Officer
Zilla Pachanyath, Belgaum
7 District Officer
Backward Class & Minority Welfare Department
Gadag, Belgaum
8 Taluk Welfare Officer, Bailhongal
Belgaum
9 Taluk Welfare Officer, Belgaum
Belgaum Respondents
(By Smt Megha C Kolekar, GP)
The Petitions are filed under Art. 226/227 of the
Constitution praying to direct respondents to continue the
service of petitioners and to quash the order dated 11.4.2012 -
annexure H, etc.
The Petitions coming on for preliminary hearing this
day, the Court made the following:
5
ORDER
Petitioners have sought for a mandamus to the respondents to regularize and absorb their services in their respective posts and to pay salary and other service benefits on par with other similarly situated Government Teachers.
Heard the counsel representing the parties It is the submission of the petitioners' counsel that in the batch of petitions filed before the Principal Bench in WPs 20204-20364/2011 and other connected matters disposed of on 13.7.2012, petitions are partly allowed and these petitions may be disposed of in terms of the above said order.
5. Per-contra, Government Pleader submitted that petitioners are all appointed through agency on contract basis as Teachers and not directly by the Government. On concluding of contractual period they were removed as it was not binding on the Government to absorb and continue them in 6 service and their appointments were only for one academic year. As such, question of quashing the regulations framed does not arise and petitioners have no right to seek for mandamus to continue their services as sought for. *∗ In WPs .20204-20364/2011 and other connected matters disposed of by the Principal Bench, the operative portion of the order reads ::
Petitions are partly allowed. Petitioners are not entitled for absorption under the Absorption Regulations, 2011; the respondents shall regularise the Principals and teachers appointed prior to 2004-2005 and continued in service as on the date of Absorption Regulations, 2011 came into force subject to fulfilling the other conditions; it is declared that all the Principals and teachers including the petitioners herein appointed on or after 2004-2005 are entitled for the benefit of service weightage as specified in Recruitment Regulations, 2011; the respondents to complete the selection process pursuant to the recruitment notification dated 27.4.2011 by granting the benefit of service weightage to the petitioners and all other similarly situated Principals and teachers; since respondents have already processed the applications and issued final selection list and additional selection list, they have to redo the process of selection by extending the benefit of service weightage to the petitioners and similarly situated candidates; till the ∗ Deleted vide order dated 26.9.2012 7 completion of selection process as stated above the present placement of petitioners and others who are continuing in service shall not be disturbed; the prayer in the writ petitions in so far as it relates to quashing of recruitment notification dated 27.4.2011 is hereby rejected; the writ petitions filed by the non-teaching staff are hereby dismissed."
Since in similar situation the Principal Bench has passed a common order in the connected matters referred to above, these petitions are also disposed of in terms thereof.
Sd/-
Judge An