Karnataka High Court
Sri G M Basavaraju S/O Maheswarappa vs The State Of Karnataka on 16 August, 2012
Author: Subhash B.Adi
Bench: Subhash B Adi
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16TH DAY OF AUGUST 2012
BEFORE
THE HON'BLE MR. JUSTICE SUBHASH B ADI
WRIT PETITION NOS.20586-591/2012(S-REG)
BETWEEN :
1 SRI G M BASAVARAJU
S/O MAHESWARAPPA
AGED ABOUT 30 YEARS
R/AT GONDICHATNAHALLI,
SHIMOGA TALUK & DISTRICT - 577216,
WORKING AS ENGLISH TEACHER,
MORARJI DESAI MODEL RESIDENTIAL
SCHOOL, ANCHINA SIDDAPURA,
BHADRAVATHI TQ,
SHIVAMOGA DISTRICT
2 SRI. RUDRAMUNI A.L.
S/O LAKSHMANAPPA GOWDA
AGED ABOUT 25 YEARS
ARASINAGHATTA VILLAGE,
LINGADHAHALI POST
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT - 577221.
WORKING AS SCIENCE TEAHCER
MORARJI DESAI MODEL RESIDENTIAL SCHOOL
ANCHINA SIDDAPURA,
BHADRAVATHI TQ.
SHIVAMOGA DISTRICT
3 SRI. LAKSHMANA K.M.
S/O MALLAPPA K.
AGED ABOUT 30 YEARS
R/AT KURUBARA VITTALAPURA
S K HALLI POST
2
BHADRAVATHI TALUK,
SHIVAMOGA DISTRICT
WORKING AS FIRST DIVISION ASSISTANT
MORARJI DESAI MODEL RESIDENTIAL SCHOOL
ANCHINA SIDDAPURA,
BHADRAVATHI TQ.
SHIVAMOGA DISTRICT.
4 SMT. RENUKAMMA C.R.
W/O BASAVARAJ
AGED ABOUT 31 YEARS
R/AT C/O T.S. BASAVARAJ MYDOLOLU
BHADRAVATHI TQ,
SHIVAMOGA DIST - 577 243
WORKING AS COMPUTER TEACHER
MORARJI DESAI MODEL RESIDENTIAL SCHOOL
HANVERI VILLAGE,
BHADRAVATHI TQ,
SHIVAMOGA DISTRICT.
5 SMT. GOWRAMMA A.S.
D/O SIDDAPPA A.V.
AGED ABOUT 23 YEARS
R/AT HANVERI VILLAGE,
BHADRAVATHI TQ
SHIVAMOGA DISTRICT - 577 243
WORKING AS SOCIAL TEACHER
MORARJI DESAI MODEL RESIDENTIAL SCHOOL
HANVERI VILLAGE,
BHADRAVATHI TQ,
SHIVAMOGA DISTRICT
6 SRI MARALASIDDESWARA
S/O H.M. ESWARAIAH
AGED ABOUT 35 YEARS
R/AT R. NULENUR VILLAGE,
RAMAGIRI HOBLI,
HOLALKERE TALUK,
CHITRADURGA DIST.
WORKING AS FIRST DIVISION ASSISTANT
MORARJI DESAI MODEL RESIDENTIAL SCHOOL
HANVERI VILLAGE,
3
BHADRAVATHI TQ,
SHIVAMOGA DISTRICT. ...PETITIONERS
( BY SRI. D R RAJASHEKHARAPPA, ADV. )
AND :
1 THE STATE OF KARNATAKA
REP. BY THE CHIEF SECRETARY
VIDHANA SOUDHA
DR. AMBEDKAR ROAD,
BANGALORE - 560 001
2 THE STATE OF KARNATAKA
REP. BY THE PRINCIPAL SECRETARY
SOCIAL WELFARE DEPARTMENT
VIKASA SOUDHA, DR. AMBEDKAR ROAD,
BANGALORE - 560 001
3 STATE OF KARNATAKA
REP. BY THE PRINCIPAL SECRETARY
RURAL DEVELOPMENT AND PANCHAYATHRAJ DEPT.
M.S. BUILDING, DR. AMBEDKAR ROAD,
BANGALORE - 560 001
4 THE STATE OF KARNATAKA
REP. BY THE PRINCIPAL SECRETARY
PRIMARY AND SECONDARY EDUCATION DEPT.
M.S. BUILDING, DR. AMBEDKAR ROAD
BANGALORE - 560 001
5 THE EXECUTIVE DIRECTOR
KARNATAKA RESIDENTIAL EDUCATION
INSTITUTIONS SOCIETY
(AN ORGANIZATION OF SOCIAL WELFARE
DEPARTMENT), 179, I & III FLOOR ROOPA
COMPLEX, I MAIN ROAD, SESHADRIPURAM
BANGALORE - 560 020
6 THE DEPUTY COMMISSIONER
SHIMOGGA DISTRICT,
SHIVAMOGA
4
7 THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHYAT
SHIVAMOGA, SHIVAMOGA DISTRICT
8 THE DISTRICT OFFICER
FOR BACKWARD CLASS & MINORITIES
WELFARE DEPARTMENT, SHIMOGA,
SHIMOGA DISTRICT. ...RESPONDENTS
( BYS RI.RAGHAVENDRA G GAYATHRI, HCGP FOR R1-4, R-6 & R-8;
SRI. M.N.MADHUSUDHAN, ADV. FOR R-5; R-1 IS SERVED )
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO CONSIDER THE REPRESENTATION SUBMITTED BY
THE PETITIONERS SEEKING REGULARIZATION OF THEIR SERVICES AS
PER THEIR REPRESENTATION DATED 22.11.2011 VIDE ANNEXURE-F.
THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned Counsel for the petitioners submits that, the matter is covered by the decision of this Court in W.P.Nos.20204 to 20364/2011 and connected matters dated 13th July 2012.
2. Petitioners are the teaching and non-teaching staff. Their grievance is that, the benefit as provided under the notification dated 7.5.2011 produced at Annexure-E should be extended to the petitioners also. However, this Court considering the grievances of the similarly 5 placed teachers and non-teaching staff when extending the benefit of regularization/absorption under the Absorption Regulations 2011 has only ordered for granting weightage to the service rendered by the petitioners, viz., the respondents while completing the selection process in pursuance of the recruitment notification dated 27.4.2011 shall give the benefit of service weightage to the petitioners and other similarly situated teachers. However, insofar as non-teaching staff is concerned, the writ petitions have been rejected.
3. Learned Government Pleader submitted that, except considering the service weightage, no other benefits have been granted by this Court and all these writ petitions may be disposed of on similar terms.
Accordingly, W.P.Nos.20588 and 20591/2012 being filed by the non-teaching staff, stand dismissed. The other writ petitions are partly allowed, in terms of the order passed in W.P.Nos.20204 to 20364/2011 and connected matters dated 13th July 2012 only to the extent of relief as ordered under:
6
"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 petitioner and all other similarly situated Principal and teachers."
Further, till the completion of the selection process, the present placement of the petitioners and others, who are continuing in service, shall not be disturbed.
Sd/-
JUDGE KNM/-