Document Fragment View

Matching Fragments

3. The respondents were suspended from service by orders dated 05.01.2024, 20.04.2024 and 17.04.2024 and the second petitioner-the Commissioner took decision to revoke the suspension of the respondents under Official Memorandum dated 21.05.2024 with a condition that the respondents shall NC: 2025:KHC:37388-DB HC-KAR be posted to 'C' zone where there are more than 25% of the vacancies available and that to in the Government Higher Primary School. Contrary to the said conditions, the third petitioner provided posting to the respondents on 28/30.05.2024 to different Government Lower Primary Schools in 'C' zone, where there are less than 25% of the vacancies. Thereafter, on complaint, the second petitioner under order dated 21.06.2024 directed the third petitioner to cancel the posting given to the respondents and to rectify the mistake and to provide posting in terms of the conditions laid down in memorandum dated 21.05.2024. Taking note of the said direction, impugned orders are issued on 26.06.2024 to all the respondents. Questioning the said reposting order, the respondents were before the Tribunal. The Tribunal, under impugned orders, allowed the application of the respondents by setting aside the order of reposting. Aggrieved by the same, the State is before this Court.

4. Sri. Vikas Rojipura, learned Additional Government Advocate would contend that the Tribunal without taking note of posting of the respondents to 'C' zone and to the vacant NC: 2025:KHC:37388-DB HC-KAR post, allowed the application and quashed the impugned reposting order. Learned Additional Government Advocate would further submit that the Tribunal failed to take note of the fact that while revoking the order of suspension of the respondents, the second petitioner had directed to post such teachers to 'C' zone where there are more than 25% of the vacancies in Government Higher Primary Schools.

5. On the other hand, Sri. H.V.Manjunatha, learned counsel for the respondents would support the orders passed by the Tribunal and contends that the respondents were rightly given posting in 'C' zone schools where there were more vacancies.

6. We have considered the contentions of learned counsels for the parties and we are of the view that the Tribunal committed grave error in setting aside the reposting order issued by the petitioners. The condition on which the suspension of the respondents were revoked was that the reposting shall be to a Higher Primary School in a 'C' block where more than 25% of the vacancies existed. Though respondents are given posting in 'C' zone school, they were not NC: 2025:KHC:37388-DB HC-KAR provided posting in 'C' zone where there were more than 25% of the vacancies. Learned Additional Government Advocate rightly pointed out that in reposting order, the respondents are given posting where there are higher percentage of the vacancies. The mistake committed while giving posting on revocation of suspension is rectified subsequently on 26.06.2024, which is in accordance with law.

10. The petitioners-State authorities shall permit the respondents to report to duty in terms of the reposting order, if not already reported, within 15 days from the date of uploading of this order in the official website of the High Court of Karnataka.

Pending I.A's if any, stands disposed of.

Sd/-

(S.G.PANDIT) JUDGE Sd/-