Karnataka High Court
Prof Surya Narayana M vs State Of Karnataka By Its on 14 September, 2022
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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WP No. 18001 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 18001 OF 2022 (S-RES)
BETWEEN:
1. PROF SURYA NARAYANA M
S/O SAMBA MURTHY M,
AGED ABOUT 78 YEARS,
RETD.PRINCIPAL GRADE-I,
KGF FIRST GRADE COLLEGE,
OORGAUM,
K.G.F.-563120
KOLAR DISTRICT,
R/AT
C/O H R SETHURAM,
NO.191/192, 2ND CROSS,
SRI BALAJI KRUPA LAYOUT,
R K HEGDE NAGAR,
Digitally signed BENGALURU-560077
by VIJAYA P
Location: High
Court of
Karnataka ...PETITIONER
(BY SRI. MURALIDHAR K B.,ADVOCATE)
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WP No. 18001 of 2022
AND:
1. STATE OF KARNATAKA BY ITS
PRINCIPAL SECRETARY TO GOVERNMENT,
EDUCATION DEPARTMENT (HIGHER EDUCATION)
M S BUILDINGS,
BENGALURU-560001
2. THE COMMISSIONER FOR COLLEGIATE
EDUCATION IN KARNATAKA,
PALACE ROAD,
BENGALURU-560001
...RESPONDENTS
(BY SRI. K.SHOBHA , HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO CONSIDER THE
REPRESENTATION DTD 08.06.2020 ANNEXURE-P FOR
UPGRADATION/PROMOTION TO THE POST OF PRINCIPAL
GRADE-II AND FOR RE-FIXING HIS SALARY AND
PENSIONARY BENEFITS AND FOR SANCTION OF ALL
CONSEQUENTIAL MONETARY BENEFITS IN THE LIGHT OF
THE JUDGMENT OF THE DIVISION BENCH OF THIS
HONBLE COURT RENDERED IN THE CASE OF STATE OF
KARNATAKA AND ANR V/S SMT K S UMADEVI -
W.A.NO.1776/2012 (S-RES) D.D.30.10.2019 ANNEXURE-
N.
THIS WRIT PETITION, COMING ON FOR
PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE
FOLLOWING:
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WP No. 18001 of 2022
ORDER
The petitioner has sought for issuance of writ of mandamus to direct the respondents to consider representation dated 08.06.2020 (Annexure-P) for up-gradation/promotion to the post of Principal Grade-II and re-fixing his salary and pensionary benefits and to grant of consequential monetary benefits in light of the judgment in W.A.No.1776/2012 (S-RES) dated 30.10.2019.
2. The petitioner submits that he is similarly situated as that of Smt. K.S.Uma Devi which was considered and decided in W.A.No.1776/2012 (S-RES). It is further submitted that necessary recommendation was made by the Institution at Annexure-B dated 22.01.2001 to the effect that the petitioner herein was entitled for promotion as Grade-II Principal. It is further submitted that all legal aspects have been considered by the Division Bench while passing its order in W.A.No.1776/2012 (S- -4- WP No. 18001 of 2022 RES) with respect to an employee - Smt. K.S.Uma Devi and in the light of the said directions , the petitioner's representation at Annexure-P requires to be considered and appropriate orders passed.
3. Learned High Court Government Pleader appearing for the State submits that the said representation would be considered and disposed off taking note of the observations made in W.A.No.1776/2012 (S-RES). It is submitted that the petitioner may be called upon to submit the documents which may be necessary for the purpose of disposal of the representation and the petitioner undertakes to co-operate regarding the same.
The representation dated 08.06.2020 at Annexure-P to be disposed of within twelve [12] weeks from the date of receipt of a certified copy of the order. -5- WP No. 18001 of 2022
Accordingly, the writ petition stands disposed off.
Sd/-
JUDGE RB