Writ petition filed by a disabled teacher facing discharge/reduction in rank. Court noted salary dispute and applicability of disabilities law. Disposed of allowing remedy before Admin Tribunal.
orders disposed of with liberty to avail remedy under the Administrative Tribunals Act, 1985.
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. 1900 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 1900 OF 2023 (S-RES)
BETWEEN:
SMT ANURADHA AGED 55 YEARS W/O CHANNAVEERE GOWDA HARIHARAPURA DUDDA HOBLI HERAGU POST HASSAN TALUK AND DISDTRICT-573118
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
REPRESENTED BY NEXT FRIEND SRI CHANNAVEERE GOWDA AGED 59 YEARS S/O HALAGE GOWDA HARIHARAPURA DUDDA HOBLI HERAGU POST HASSAN TALUK AND DIST-573118.
…PETITIONER
(BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR SMT. RACHITHA RAJSHEKAR.,ADVOCATE)
AND:
WP No. 1900 of 2023
DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION M S BUILDING DR AMBEDKAR VEEDHI BANGALORE-560001.
…RESPONDENTS
(BY SRI.M.S. NAGARAJA., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO RESTRAINING THE RESPONDENTS DISPENSING WITH OR REDUCING IN RANK OR CAUSING ANY DISCRIMINATION AGAINST THE PETITIONER ON THE GROUND OF DISABILITY AND DIRECT THE RESPONDENTS TO ALLOW THE PETITIONER TO CONTINUE IN HER POST AS PHYSICAL EDUCATION TEACHER AT GOVERNMENT HIGHER PRIMARY SCHOOL, HALUVAGILU BY KEEPING HER ON SUPERNUMERARY POST DURING THE PERIOD OF HER DISABILITY;DIRECTING THE RESPONDENTS TO PAY HER ALL SERVICE BENEFITS, PROMOTION INCLUDING THE ARREARS OF PAY WITHIN THE TIME LIMIT THAT MAY BE FIXED BY THIS COURT.
WP No. 1900 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner, on whose behalf it is contended that she has suffered permanent disablement in the course of her employment, has filed this petition for directions to the respondents from dispensing with her services or reducing her in rank and permit her to continue in employment with further directions to the respondents to pay all service benefits.
Sri P.P. Hegde, the learned Senior Counsel for
the petitioner, to bolster the petitioner’s case relies upon the provisions of Section 24(a] of the Right of Persons with Disabilities Act, 2016. In fact, the learned Senior Counsel submits that the petitioner has not been paid salary and there is every threat that the petitioner may be constrained to give up her employment unless there is a positive direction for discontinuance of her employment.
WP No. 1900 of 2023
Sri M.S.Nagaraja, learned Additional Government Advocate, submits that the petitioner’s employment is with a Government Primary School and therefore, the petitioner must avail remedy under Section 19 of the Administrative Tribunals Act, 1985. Insofar as the canvass that the petitioner has not been paid salary, Sri M.S.Nagaraja, submits that the salary up to 08.09.2022 is paid, and because the petitioner has submitted an application for leave on loss of pay, the salaries are not paid till 31.12.2022 but the petitioner is being paid salary with effect from 01.01.2023 and she is also permitted to attend to nkduty notwithstanding the fact that she cannot effectively discharge any duty.
The submissions on payment of salary and continuance of employment must be taken on record so that the petitioner’s interests are protected and the respondents are held to such statements if she is constrained to approach the Karnataka State
WP No. 1900 of 2023
Administrative Tribunal in the event there is cause for the same. The statement as aforesaid is taken on record for the aforesaid purpose. The petition stands disposed of with liberty to the petitioner, subject to all just exceptions in law, to avail her remedy under the Administrative Tribunals Act, 1985.
Sd/JUDGE
NV
2 issues framed by the court
Whether a disabled government employee displaced or at risk of displacement can seek relief under Article 226 of the Constitution instead of the Administrative Tribunals Act.
Whether the petitioner's departmental complaint regarding payment of salary during disability can be adjudicated by the Writ Court.
3 provisions across 3 enactments
SMT ANURADHA W/O CHANNAVEERE GOWDA HARIHARAPURA DUDDA
THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION
DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS HASSAN
BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTION HASSAN
GOVERNMENT HIGHER PRIMARY SCHOOL HALUVAGILU
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
