Karnataka High Court
T Renukaiah vs The State Of Karnataka on 7 June, 2018
Author: A.S.Bopanna
Bench: A.S. Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2018
BEFORE
THE HON'BLE MR. JUSTICE A.S. BOPANNA
WRIT PETITION NOs.27224-27246/2016 (S-RES)
BETWEEN:
1. T. RENUKAIAH
S/O THAGADAPPA,
P.E. TEACHER,
AGED ABOUT 50 YEARS,
WORKING AT G.U.B.M.S.
EXTENSION,
RAMANGARA TOWN,
RAMANAGARA DISTRICT-562 159.
2. CHANDRAKANTH
S/O T.H. KAMBAIAH,
P.E. TEACHER,
AGED ABOUT 49 YEARS,
WORKING AT:
GOVERNMENT HIGH SCHOOL,
HANUMANTHANAGARA
RAMANAGARA TOWN,
RAMANAGARA DISTRICT-562 159.
3. MUNIYAPPA
S/O MUNINARASAPPA,
P.E. TEACHER,
AGED ABOUT 47 YEARS,
WORKING AT:
GOVERNMENT HIGH SCHOOL,
HANUMANTHANAGARA,
RAMANAGARA TOWN,
RAMANAGARA DISTRICT-562 129.
4. FAZILABANU
W/O MAHAMMED RAFFIK,
ASSISTANT TEACHER,
AGED ABOUT 48 YEARS,
2
WORKING AT:
GOVERNMENT URDU HIGH SCHOOL,
REHAMANIYANAGARA,
RAMANAGARA TOWN,
RAMANAGARA DISTRICT-562 159.
5. P. GURUMADAIAH
S/O PUTTAMADAIAH,
P.E. TEACHER,
WORKING AT:
GUHPS AJADNAGARA,
RAMANAGARA TOWN,
RAMANAGARA DISTRICT-562 159.
6. ANUSUYAMMA.B.S
W/O LATE BAIREGOWDA,
ASSISTANT TEACHER,
AGED ABOUT 42 YEARS,
WORKING AT: GLLPS,
JEEGENAHALLI,
RAMANAGARA TOWN,
RAMANAGARA DISTRICT-562 159.
7. B.S. SHOBHA
W/O BASAVARAJU,
ASSISTANT TEACHER,
AGED ABOUT 45 YEARS,
WORKING AT:
GLPS DYAVARASEGOWDANADODDI,
RAMANAGARA TOWN,
RAMANAGARA DISTRICT-562 159.
8. B.H. CHANDRASHEKARAIAH
S/O B.S. HONNAPPA,
P.E. TEACHER,
AGED ABOUT 49 YEARS,
WORKING AT: GMPS MADBAL,
MADBAL HOBLI, MAGADI TALUK.
RAMANAGARA DISTRICT-562 127.
9. J.N. NATARAJ
S/O LATE NANJUNDAIAH,
P.E. TEACHER,
AGED ABOUT 47 YEARS,
WORKING AT: GHPS
CHAKARBHAVI CRC,
3
MAGADI TALUK,
RAMANAGARA DISTRICT-562 127.
10. NAGAMANI
D/O CHIKKAYALLAIAH,
ASSISTAN TEACHER,
AGED ABOUT 52 YEARS,
WORKING AT: G.U.M.P.S
MANGALAVARAPETE,
CHANNAPATNA TALUK,
RAMANAGARA DISTRICT-562 160.
11. VEER NIJAGUNARYASWAMY.S.R
S/O S.V. RAJAPPA,
P.E. TEACHER,
AGED ABOUT 48 YEARS,
WORKING AT: G.H.P.S BUVALLI,
SINGARAJIPURA POST,
CHANNAPATNA TALUK,
RAMANAGARA DISRICT-562 138.
12. SRIDHARAMURTHY
S/O RAMANNA,
ASSISTANT TEACHER,
AGED ABOUT 57 YEARS,
WORKING AT: G.L.P.S
MALLANAKUPPE,
ARAKUR HOBLI,
MALLANAYAKANAHALLI LPOST,
MADDUR TALUK,
MANDYA DISTRICT-571 422.
13. MANJUNATHAIAH H.T
S/O H.V. THIMMAPPAIAH,
ASSISTANT TEACHER,
AGED ABOUT 57 YEARS,
WORKING AT: G.L.P.S.
HARALALLI
PANDAVAPURA RS POST,
PANDAVAPURA TALUK,
MANDYA DISTRICT-571 435.
14. H.P. DIVAKARA
S/O H.V. PURNAIAH,
HEAD MASTER,
AGED ABOUT 58 YEARS,
4
WOKING AT: G.H.P.S.
SIDDAGARCH CAMP,
MALLATA POST,
MANAVI TALUK,
RAICHUR DISTRICT.
15. BASAVARAJAPPA
S/O LATE PUTTARAJAPPA
ASSISTANT TEACHER,
AGED ABOUT 53 YEARS
WORKING AT: G.L.P.S
GOWDAIAHNADODDI,
CHIKKAARASINAKERE HOBLI,
MADDUR TALUK,
MANDAYA DISTRICT-571 422.
16. B. MUNEGOWDA
S/O BELLEGOWDA,
ASSISTANT TEACHER,
AGED ABOUT 54 YEARS,
G.H.P.S. GUMMAKALLU,
GUMMAKALLU C.R.C,
MULBAGALU TALUK
KOLAR DISTRICT-563 131.
17. G. SOWBHAGYALAKSHMI
W/O ASHWATHNARAYAN,
ASSISTANT TEACHER,
AGED ABOUT 54 YEARS,
G.M.H.P.S. AVANI,
AVANI C.R.C,
MULBAGALU TALUK,
KOLAR DISRICT-563 131.
18. C.N. SARASWATHI
W/O M.S. VISHWANATHA,
ASSISTANT TEACHER,
AGED ABOUT 43 YEARS,
G.L.P.S. PUTTENAHALLI,
MALLANAYAKANAHALLI C.R.C,
MULBAGALU TALUK,
KOLAR DISTRICT-563 131.
19. C. SAROJAMMA
D/O CHIKKARAMEGOWDA,
ASSISTANT TEACHER,
5
AGED ABOUT 44 YEARS,
G.L.P.S. V. KURUBARAHALLI,
THIMMARAUTANAHALLI C.R.C.,
MULBAGALU TALUK,
KOLAR DISTRICT-563 131.
20. L. UMADEVI
D/O K. LAKSHMINARAYANACHAR,
ASSISTANT TEACHER,
AGED ABOUT 50 YEARS,
G.U.L.P.S. KAPPALAMADAGU,
URDU RURAL (PADMAGATTA) C.R.C.,
MULBAGALU TALUK,
KOLAR DISTRICT-563 131.
21. V. JAYALAKSHMI
D/O VENKATASWAMY,
ASSISTANT TEACHER,
AGED ABOUT 44 YEAS,
G.L.P.S TIRUMANAHALLI,
TAYLUR C.R.C,
MULBAGALU TALUK,
KOLAR DISTRICT-563 131.
22. PARAMESHAIAH.K.P
S/O LATE PUTTAIAH,
ASSISTANT TEACHER,
AGED ABOUT 48 YEARS,
G.L.P.S. GOLLARAHATTI (VEERAPURA),
BANAWADI C.R.C.,
SOLURU HOBLI,
MAGADI TALUK,
RAMANAGARA DISTRICT-562 127.
23. B.N. NARENDRA
S/O NARASIMHAMURTHY,
ASSISTANT TEACHER,
AGED ABOUT 49 YEARS,
G.L.P.S MUGANAHALLI,
BANAWADI C.R.C.,
SOLUR HOBLI,
MAGADI TALUK,
RAMANAGARA DISRICT-562 127. ... PETITIONERS
(BY SRI VEERABHADRAIAH S, ADV.)
6
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF EDUCATION,
M.S. BUILDING
BENGALURU-560 001.
2. THE COMMISSIONER OF
PUBLIC INSTRUCTIONS,
NEW PUBLIC OFFICE
NUPATHUNGA ROAD,
BENGALURU-560 001.
3. THE DIRECTOR OF
PUBLIC INSTRUCIONS
NEW PUBLIC OFFICE
NRUPATHUNGA ROAD,
BANGALORE-560 001.
4. THE DEPUTY DIRECTOR OF
PUBLIC INSRUCTIONS,
RAMANAGARA TALUK,
RAMANAGARA DISTRICT-562 159.
5. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS,
MADDUR TALUK,
MANDYA DISTRICT-571 422. ... RESPONDENTS
(BY SRI A.C. BALARAJ, HCGP)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DIRECT THE RESPONDTNS TO CONSIDER
THE PETITIONERS REPRESENTATION DTD.29.11.2010 TO
COUNT THE PAST YEARS OF SERVICE PUT IN BY THESE
PETITIONERS ON HONORARY BASIS, FROM THE DATE OF
THEIR INITIAL APPOINTMENT UP TO THE DATE ON WHICH
THEY WERE SCREENED FOR REGULAR RECRUITMENT,
BASED ON PERCENTAGE OF MARKS OBTAINED IN THE
QUALIFYING EXAMINATION FOR THE PURPOSE OF
SENIORITY, FIXATION OF PAY-SCALE, INCREMENTS AND
OTHER CONSEQUENTIAL BENEFITS FLOWING THEREON,
7
THE COPY OF THE REPRESENTATION DTD.29.11.2010 IS
PRODUCED VIDE ANNEX-A1 TO A7 AND ETC.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioners are before this Court seeking issue of mandamus to consider their representations dated 29.11.2010 as at Annexures-A1 to A7. In that light, the petitioners are seeking that the action of the respondents in not reckoning/counting the initial service rendered by the petitioners as Honorary Teachers till their appointment as regular teachers is arbitrary and amounts to discrimination.
2. The details as averred in these petitions need not be adverted to, since the factual aspects as claimed in the petitions are matters which are to be taken note, while considering the representations made by the petitioners by the Competent Authority and the decision at the outset is required to be taken therein. In this regard, it is also to be noticed that certain other persons, who are similarly placed as that of the petitioners were before this Court in W.P.Nos.35157-35190/2014, this 8 Court through the order dated 31.07.2014 had directed consideration of the representations. Apart from the said fact, taking note of the nature of the claim as made by the petitioners, the respondent No.3 is required to advert to these aspects of the matter and if need be, secure details from the Competent Authority and place it before the appropriate authority for taking a decision in the matter.
3. In that view, in order to enable an appropriate consideration, I do not see reason to direct consideration of the very representations dated 29.11.2010, since such representations are stated to have been submitted to various other authorities. However, liberty is reserved to the petitioners to file a fresh representation enclosing copies of the earlier representations and all supporting documents and such representation be submitted to the respondent No.3. The respondent No.3 shall there upon secure all details from any other authority, if the same is required and take a decision in the matter. If the decision taken by the respondent No.3 is in favour of the petitioners and if 9 such decision requires approval of any other authority, the respondent No.3 shall place such recommendation before the Competent Authority. In that view, the decision at the first instance by the respondent No.3 shall be taken within the period of three months from the date on which the representation and the copy of this order is submitted. If the consideration is in favour of the petitioner as stated above and if it is placed before the Competent Authority, the Competent Authority shall thereupon take a decision in the matter one way or the other in accordance with law within an outer limit of two months from the date on which such recommendation is placed before the Competent Authority.
In terms of the above, these petitions stand disposed of.
Sd/-
JUDGE ST