Karnataka High Court
Chandragouda S/O Narasanagouda Patil vs The State Of Karnataka Rep. By Its ... on 4 September, 2012
Author: Huluvadi G.Ramesh
Bench: Huluvadi G Ramesh
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 04TH DAY OF SEPTEMBER, 2012
BEFORE
THE HON'BLE MR JUSTICE HULUVADI G RAMESH
WRIT PETITION NOS.63149-177 OF 2012(S-REG)
BETWEEN:
1. CHANDRAGOUDA S/O NARASANAGOUDA PATIL
AGE: 30 YRS, OCC: KANNADA TEACHER IN
KITTUR RANI CHENNAMMA RESIDENTIAL SCHOOL
SAVANUR, DIST: HAVERI
2. MANNABASAPPA S/O SOMAPPA KADARAMADALAGI
AGE: 26 YRS, OCC: KANNADA TEACHER
IN MURARJI DESAI RESIDENTIAL SCHOOL
SHIDENUR, TQ: BYADAGI, DIST: HAVERI
3. DAYANAND S./O SOMAYYA HIREMATH
AGE: 28 YRS, OCC: HINDI TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
GANJIGATTI, TQ: SHIGGAON, DIST: HAVERI
4. MANJAPPA S/O HOBANNA NAIK
AGE: 32 YRS, OCC: PHYSICAL TEACHER
KITTUR RANI CHENNAMMA RESIDENTIAL SCHOOL
SAVANUR, DIST: HAVERI
2
5. MALLANAGOUDA S/O RUDRAGOUDA PATIL
AGE: 27 YRS, OCC: ENGLISH TEACHER
MURARJI DESAI MODERN RESIDENTIAL SCHOOL
SHIDENUR, TQ: BYADAGI, DIST: HAVERI
6. MALATESH S/O HANUMANTAPPA HULLUR
AGE: 36 YRS, OCC: HINDI TEACHER
MURARJI DESAI MODERN RESIDENTIAL SCHOOL
SHIDENUR, TQ: BYADAGI, DIST: HAVERI
7. LAKSHMAVVA D/O CHANNAPPA
CHANNAVEERAPPANAVAR
AGE: 28 YRS, OCC: SOCIAL SCIENCE TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
GANJIGATTI, TQ: SHIGGOAN, DIST: HAVERI
8. GADIGEVVA D/O MALAKAPPA KATNUR
AGE: 31 YRS, OCC: SOCIAL SCIENCE TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
TQ: SHIGGOAN, DIST: HAVERI
9. SUJATHA D/O SANNABHUJANAGOUDA
BHIMANAGOUDAR
AGE: 27 YRS, OCC: MATHS TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
TQ: SHIGGOAN, DIST: HAVERI
10.ANITA D/O VEERUPAXAPPA MANNANAVAR
AGE: 31 YRS, OCC: HINDI TEACHER
KITTUR RANI CHENNAMMA RESIDENTIAL SCHOOL
SAVANUR, DIST: HAVERI
11.GANGAMMA D/O SIDDRAMAYYA BETAGERIMATH
AGE: 27 YRS, OCC: ENGLISH TEACHER
KITTUR RANI CHENNAMMA RESIDENTIAL SCHOOL
3
SAVANUR, DIST: HAVERI
12.RATNAVVA D/O NINGAPPA BANGALI
AGE: 27 YRS, OCC: ENGLISH TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
MARANABEED, TQ: HANGAL, DIST: HAVERI
13.TANUJA D, D/O NAAGAPPA
AGE: 31 YRS, OCC: SOCIAL SCIENCE TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
MARANABEED, TQ: HANGAL, DIST: HAVERI
14.SHANKARAPPA S/O YAMANAPPA KURABAR
AGE: 32 YRS, OCC: PHYSICAL TEACHER
KITTUR RANI CHENNAMMA RESIDENTIAL SCHOOL
HIREKERUR, DIST: HAVERI
15.PRAKASH S/O NAGAPPA ARIKATTI
AGE: 30 YRS, OCC: KANNADA TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
CHIKKERUR, TQ. HIREKERUR, DIST: HAVERI
16.AMRUTHA M.K.,
AGE: 26 YRS, OCC: ENGLISH TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
CHIKKERUR, TQ. HIREKERUR, DIST: HAVERI
17.VANDANA D/O PRABHAKAR SUDI
AGE: 26 YRS, OCC: MATHEMATICS TEACHER
KITTUR RANI CHENNAMMA RESIDENTIAL SCHOOL
HIREKERUR, DIST: HAVERI
18.CHANDRAPPA S/O KANNAPPA CHOUTAGER
AGE: 28 YRS, OCC: KANNADA TEACHER
KITTUR RANI CHENNAMMA RESIDENTIAL SCHOOL
4
HIREKERUR, DIST: HAVERI
19.SHAMSHAD BEGAUM D/O BASHA BEGAUM
AGE: 43 YRS, OCC: HINDI TEACHER
KITTUR RANI CHENNAMMA RESIDENTIAL SCHOOL
HIREKERUR, DIST: HAVERI
20.CHANDRAPPA S/O BASAVANTAPPA PUTTANNAVAR
AGE: 27 YRS, OCC: ENGLISH TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
YALAVATTI, TQ: HANGAL, DIST: HAVERI
21.RAJASHEKAR S/O MALLESHAPPA PUJAR
AGE: 35 YRS, OCC: PHYSICAL TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
YALAVATTI, TQ: HANGAL, DIST: HAVERI
22.UMESH S/O SHANKRAPPA CHAGGALAMMANAVAR
AGE: 27 YRS, OCC: SOCIAL SCIENCE TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
YALAVATTI, TQ: HANGAL, DIST: HAVERI
23. AKBARKHAN S/O MAHAMMED KHAN BIRADAR
AGE: 29 YRS, OCC: MATHEMATICS TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
YALAVATTI, TQ: HANGAL, DIST: HAVERI
24. FAKKIRAYYA S/O BASAVANTAPPA ELIGER
AGE: 30 YRS, OCC: KANNADA TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
YALAVATTI, TQ: HANGAL, DIST: HAVERI
25.SHANKRAMMA D/O DEVENDRAGOUDA KAREGOUDRA
AGE: 28 YRS, OCC: SCIENCE TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
5
YALAVATTI, TQ: HANGAL, DIST: HAVERI
26.SUMA H. D/O HANUMANTAPPA
AGE: 25 YRS, OCC: STAFF NURSE
MURARJI DESAI RESIDENTIAL SCHOOL
YALAVATTI, TQ: HANGAL, DIST: HAVERI
27.JAYAPPA S/O BASAPPA MAVINATOP
AGE: 30 YRS, OCC: SOCIAL SCIENCE TEACHER
KITTUR RANI CHENNAMMA RESIDENTIAL SCHOOL
HIREKERUR, DIST: HAVERI
28.CHANDRASHEKARAGOUDA
S/O SHIVANAGOUDA PATIL
AGE: 40 YRS, OCC: CRAFT TEACHER
MURARJI DESAI MODERN RESIDENTIAL SCHOOL
SIDENUR TQ: BYADAGI, DIST: HAVERI
29.MUTTUBAI D/O DIGGYA NAIK
AGE: 30 YRS, OCC: SOCIAL SCIENCE TEACHER
MURARJI DESAI MODEARN RESIDENTIAL SCHOOL
CHIKKERUR, TQ: HIREKERUR, DIST: HAVERI
...PETITIONERS
(By Sri S A Huddar & Sri. M S Haravi, Advs)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY TO
SOCIAL WELFARE DEPARTMENT,
VIKASA SOUDHA, BANGALORE-1
2. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
TO EDUCATION DEPARTMENT
6
(PRIMARY & SECONDARY EDUCATION),
M.S. BUILDING, BANGALORE-1
3. THE SECRETARY
KARNATAKA RESIDENTIAL INSTITUTIONS
SOCIETY(R) (SOCIETY REGISTERED UNDER
THE PROVISIONS OF SOCIETY REGISTRATION
ACT), NO. 179, 3RD FLOOR, ROOPA COMPLEX,
BANGALORE-20
4. THE DISTRICT SOCIAL WELFARE OFFICER
DISTRICT ADMINISTRATIVE BHAVAN,
HAVERI DIST: HAVERI
5. THE DEPUTY COMMISSIONER
HAVERI DIST: HAVERI
6. THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYATH, HAVERI, DIST: HAVERI
7. THE PROPRIETOR, RANA PRATAP SECURITY
AGENCY (R), RAJAPUTGALLI HAVERI,
DIST: HAVERI ...RESPONDENTS
(By Smt Megha C Kolekar, HCGP)
These Writ Petitions are filed under articles 226 and 227
of the Constitution of India praying to direct the respondents 1
to 6 to regularize and absorb the services of the petitioners in
their respective posts and further directing them to pay them
the salary and other service benefits on par with the
Government teachers similarly situated.
7
These Writ Petitions coming on for orders this day, the
Court made the following:
ORDER
These petitions have been filed by the petitioners seeking to issue writ of mandamus directing respondents 1 to 6 to regularize and absorb their services in their respective posts and to pay the salary and other service benefits on par with other similarly situated Government Teachers.
2. I.A.No.2/2012 is filed seeking amendment of the prayer, which reads as under:
"B. To quash the Karnataka Residential Educational Institution Society (Cadre and Recruitment) Regulations, 2011 in so far as it relates to granting service weightage to the Principals and teachers appointed by the Karnataka Residential Educational Society and direct the respondents to extend the benefit of service weightage as specified under the Recruitment Regulations, 2011 to the petitioners.
C. To direct the respondents to continue the services of the petitioners in the Residential Schools where they are now working."8
I.A.No.2/2012 is allowed and permitted to amend the prayer.
3. Heard the learned counsel for the petitioners and the learned Government Pleader.
4. It is the submission of the learned counsel for the petitioners that in the batch of petitions filed before the Principal Bench in W.P.Nos.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, the learned Government Pleader has submitted that petitioners are all appointed through the agency on contract basis as Assistant 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 service and their appointments were only 9 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. Statement of objections has also been filed by the Government along with annexures.
6. In W.P.Nos.20204-20364/2011 and other connected matters disposed of by the Principal Bench, the operative portion of the order reads thus:
"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 10 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 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 of the said order.
Sd/-
JUDGE Bkp