The High Court allowed a writ petition challenging the quashing of a lecturer's appointment. It held the rescinding order illegal due to loss of jurisdiction and violation of fundamental rights, directing the payment of arrears.
Impugned order quashed; respondents directed to pay arrears of salary from 02.04.2012 and continue future salary payments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 105646 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 105646 OF 2016 (S-RES)
BETWEEN:
RAJSHEKAR S/O DEVAPPA BAGEWADI AGE: 40 YEARS OCC: KANNADA LECTURER, R/O: SHIGLI, TQ: SHIRAHATTI NOW WORKING AT BADRAKALI COMP. PRE-UNIVERSITY COLLEGE, GOKARNA …PETITIONER
(BY SRI. SADASHIV S.PATIL, ADVOCATE)
AND:
SUJATA SUBHASH PAMMAR
Digitally signed by SUJATA SUBHASH PAMMAR Location: High court of Karnataka, Dharwad Bench, Dharwad Date: 2022.11.24 11:20:13 -0800
WP No. 105646 of 2016
PRE UNIVERSITY EDUCATION
K.R. CIRCLE, BENGALURU
…RESPONDENTS
(BY SRI. V.S.KALASURMATH, HCGP FOR R1 TO R4) (R5 & R6 - SERVED)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 23.05.2014, PASSED BY RESPONDENT NO.1, VIDE ANNEXUREN; ISSUE APPROPRIATE ORDER OR DIRECTION AS THE CASE MAY BE, THE ACTION OF THE RESPONDENTS IN TERMINATING THE SERVICE OF THE PETITIONER FROM THE POST OF KANNADA LECTURER AS BEING ARBITRARY AND ILLEGAL AND FURTHER DIRECT THE RESPONDENTS TO CONTINUE THE SERVICE OF THE PETITIONERS WITH ALL CONSEQUENTIAL BENEFITS.
THIS PETITION COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 105646 of 2016
ORDER
In pursuance of the notification issued by respondent No.5 inviting applications to the post of Kannada Lecturer in respondent No.5-instituion, the petitioner applied for the post of Kannada Lecturer and, in the interview held on 13.12.2010, the petitioner having been found eligible was appointed to the post of Kannada Lecturer. Respondent No.5 sent a proposal to the Government for approving the appointment of the petitioner with salary grant. Respondent No.1 by order dated 02.04.2012 approved the appointment of the petitioner with salary grant.
WP No. 105646 of 2016
any power to rescind the earlier order, the order impugned herein passed by respondent No.1 is without authority of law. He further submits that the post of Kannada Lecturer is a single post and as such, the Rules prescribed for filling up backlog vacancy is not applicable to the said post.
learned counsel for the parties.
the appointment of the petitioner with salary grant. Respondent No.1, by order dated 02.04.2012, accorded approval of appointment of the petitioner with salary grant. In pursuance of the said order, petitioner is working as Lecturer in Kannada subject in respondent No.5-institution. Such being the case,
WP No. 105646 of 2016
respondent No.1 rescinded the order approving the appointment of the petitioner with salary grant on the ground that respondent No.5 has not taken permission to fill up post of Kannada Lecturer which is a backlog vacancy by following the procedure prescribed for appointment to backlog vacancy. Admittedly, the post of Kannada Lecturer in respondent No.5institution is a single post and as such the Rules applicable to filling up the backlog vacancy is not applicable. Hence, the impugned order passed by respondent No.1 rescinding his earlier order is illegal and arbitrary and also one without jurisdiction since respondent No.1 becomes functus officio in rescinding his earlier order approving the appointment of the petitioner in the absence of any provision for rescinding the said order.
WP No. 105646 of 2016
order passed by respondent No.1 is violative of Articles 14 and
16 of the Constitution of India. Accordingly, I pass the following:
ORDER
Sd/JUDGE
KMS
List No.: 1 Sl No.: 92
3 issues framed by the court
Whether the State Government's order rescinding an earlier appointment approval is without jurisdiction and arbitrary.
Whether an appointee working since 2010 is entitled to payment of arrears of salary.
Whether the impugned order is violative of Articles 14 and 16 of the Constitution of India.
1 provisions across 1 enactments
RAJSHEKAR S/O DEVAPPA BAGEWADI
THE STATE OF KARNATAKA REPT. BY SECRETARY DEPT OF EDUCATION (PRE-UNIVERSITY)
DIRECTOR OF PRE-UNIVERSITY, EDUCATION
THE COMMISSIONER PRE UNIVERSITY EDUCATION
THE DEPUTY DIRECTOR PRE-UNIVERSITY (DDPU) NORTH CANARA
SRI.BADRAKALI COMP. PRE-UNIVERSITY COLLEGE, GOKARNA
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
