Single Judge extended an existing interim order on the petitioner's retirement and directed that the writ petition be placed before the Division Bench due to an identical issue being referred in a related W.P., seeking orders from the Chief Justice.
Extension of interim order; direction to place matter before Division Bench and Chief Justice.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.51089/2019 (S – RES)
BETWEEN
PROF. S. SHYAMA SUNDAR S/O SIDDAPPA, AGED ABOUT 59 YEARS, SELECTION GRADE LIBRARIAN, SAHYADRI SCIENCE COLLEGE, B.H.ROAD, VIDYANAGAR, SHIVAMOGGA – 577 203.
... PETITIONER
(BY SRI MURALIDHAR K.B., ADVOCATE (PHYSICAL HEARING))
AND
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3. PRINCIPAL SAHYADRI SCIENCE COLLEGE VIDYANAGAR, SHIVAMOGGA – 577 203.
... RESPONDENTS
(BY SMT.SHARADAMBA A.R., AGA FOR R1 (PHYSICAL HEARING);
SRI T.P.RAJENDRAKUMAR SUNGAY, ADVOCATE FOR R2 (PHYSICAL HEARING);
R3 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED GOVERNMENT ORDER DTD.28.9.2015 PASSED BY THE R1 VIDE ANNXURE-S IMPUGNED GOVERNEMENT LETTER DTD.8.6.2016 OF THE R.1 ANNEXURE-T IMPUGNED OFFICIAL MEMORANDUM DTD.27.2.2019 PASSED BY THE R-2 ANNEXURE-V INSOFAR AS THE PETITIONER IS CONCERNED, HOLDING THE SAME AS ILLEGAL, BAD IN LAW, ARBITRARY ONE, DISCRIMINATORY AND VIOLATIVE OF ARTICLES 14 AND 16 OF CONSTITUTION OF INDIA AND ETC.,
THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 12.02.2021, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING :-
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ORDER
The petitioner in this writ petition calls in question the action of the respondent-University in retiring the petitioner from service on attaining the age of 60 years, contending that the petitioner who is a Selection Grade Librarian of the constituent college of the second respondent - Kuvempu University is a Teacher and is entitled to continue till he attains the age of 62 years in terms of the Government Order declaring that the Teachers drawing UGC scales being entitled to continue up to the age of 62 years.
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is in operation even as on date. Therefore, the interim
order is extended until further orders.
The matter be placed before Hon'ble The Chief Justice, for appropriate orders.
Sd/JUDGE
bkp CT:MJ
2 issues framed by the court
Whether the writ petition should be placed before the Division Bench in view of an identical issue referred in a related Writ Petition.
Whether the application of an interim order requires it to be placed before the Chief Justice for appropriate orders.
1 provisions across 1 enactments
Prof. S. Shyama Sundar
State of Karnataka
The Kuvempu University
Principal Sahyadri Science College
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
