Two Junior Assistants filed a writ petition under Article 226 claiming delayed release of salaries following absorption. The High Court directed the respondents to consider representations within six weeks and disposed of the petition.
Petition disposed; Respondents directed to consider representations within six weeks.
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WP No. 2853 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 2853 OF 2023 (S-RES)
BETWEEN:
Digitally signed by CHAYA S A Location: High Court of Karnataka
…PETITIONERS
(BY SRI. VIJAYA KUMAR, ADVOCATE)
AND:
WP No. 2853 of 2023
HIGHER EDUCATION DEPARTMENT 6TH FLOOR, M. S. BUILDING BENGALURU – 560001.
…RESPONDENTS
(BY SRI. M.S. NAGARAJA, AGA FOR R1; SRI SANTOSH NAGARALE, ADVOCATE FOR R2 AND 3; VIDE ORDER DATED 28.03.2023 NOTICE TO R4 AND 5 ARE DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RELEASE THE SALARY ATTACHED TO THE POST OF JUNIOR ASSISTANT WITH EFFECT FROM 24.03.2022 IN TERMS OF THE ORDER OF ABSORPTION DATED 23.03.2022 VIDE ANNXEXURES – E AND F AND DIRECT THE RESPONDENTS
WP No. 2853 of 2023
2 AND 3 TO RELEASE THE SALARY WITHIN A TIME FRAME SPECIFIED BY THIS HON’BLE COURT AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel appearing for the parties.
Taking into consideration, the claim made by the petitioners is with regard to release of salary as stated in Official Memorandum dated 23.03.2022 issued by the respondent - University produced as Annexures - 'E' and 'F' to the writ petition, I am of the view that, respondent Nos.2 and 3 shall consider the representations made by the petitioners as per Annexures-'J' and 'K', dated 08.08.2022 and 23.12.2022 respectively, within an outer limit of six weeks from the date of receipt of copy of this Order.
Ordered accordingly. The writ petition stands disposed
of as above.
SD/JUDGE
sac
1 issue framed by the court
Whether writ petitions filed by non-teaching staff challenging delay in release of salaries post-absorption should be disposed of.
1 provisions across 1 enactments
SHRI SHOBHYA NAIK H.
SHRI PRASHANTH V.
THE STATE OF KARNATAKA
THE VICE CHANCELLOR DAVANAGERE UNIVERSITY
THE DAVANAGERE UNIVERSITY
THE VICE CHANCELLOR KUVEMPU UNIVERSITY
E.S. INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
