Disposed

Smt Nazhath Jabeen v. the Commissioner for

Karnataka HC21 Dec 2023WP/9521/2014

Case brief

AI extract

What is this about?

Writ Petition filed to quash dismissal order from service. Court accepted joint memo terms where parties agreed to end litigation, set aside dismissal order, and institute pension payment proceedings based on notional fixation of pay.

What did the court decide?

Set aside dismissal order and EAT order. Institution to submit pension proposal within one month, authorities to pass orders thereafter. Pension to be considered treating services from initial appoint

Smt Nazhath Jabeen Vs the Commissioner for — Education and Admissions | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:46846 WP No. 9521 of 2014

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 21^ST DAY OF DECEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 9521 OF 2014 (S-DIS)

¶6

BETWEEN:

¶7

SMT NAZHATH JABEEN W/O SRI MOHAMMED ZAFRULLA KHAN, AGED ABOUT 60 YEARS, WORKED AS PRINCIPAL, HASANATH COLLEGE, NO.5, 8/2, BYRAWESHWARA LAYOUT, HENNURBANDE, KALYAN NAGAR, BANGALORE. R/AT NO.229, 4TH "A" CROSS, KALYAN NAGAR, 3RD BLOCK, BANGALORE-560 084.

¶8

…PETITIONER

¶9

(BY SRI. M.P.SRIKANTH., ADVOCATE)

¶10

AND:

¶11

Digitally 1. THE COMMISSIONER FOR signed by KIRAN COLLEGIATE EDUCATION, KUMAR R PALACE ROAD, Location: HIGH BANGALORE-560 001. COURT OF KARNATAKA

¶12

THE DIRECTOR OF COLLEGIATE EDUCATION, PALACE ROAD, BANGALORE-560 001.

¶13

THE PRESIDENT, THE HASANATH EDUCATION SOCIETY, NO.43, DICKENSON ROAD, BANGALORE-560 042.

¶14

THE HON. SECRETARY,

¶15

¶16

NC: 2023:KHC:46846 WP No. 9521 of 2014

¶17

THE HASANATH EDUCATION SOCIETY, NO.43, DICKENSON ROAD, BANGALORE-560 042.

¶18

…RESPONDENTS

¶19

(BY SMT. PRATHIBHA.R.K., AGA FOR R-1 & R-2; SRI.R.NAGENDRA NAIK, ADVOCATE FOR R-3 & R-4)

¶20

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD.8.11.2013 PASSED ON MA(EAT) NO.13/2005 BY THE HON'BLE EDUCATIONAL APPELLATE TRIBUNAL VIDE ANNEX-AN.

¶21

THIS PETITION, COMING ON FOR FINAL DISPOSAL, THIS DAY, THE COURT MADE THE FOLLOWING:

¶22

ORDER

¶23

This petition has been filed impugning the order passed by the Educational Appellate Tribunal, which confirmed the order of dismissal passed against the petitioner.

¶24

Today, a joint memo is filed by the petitioner and by the respondent – Institution. The terms of which read as follows:

¶25

“ 1. The Petitioner had challenged the Order of dismissal dated 2905.2055 issued by the 4^th Respondent before the Educational Appellate Tribunal by filing MA(EAT) No.13/2005. However, the Appeal preferred by her was dismissed vide Judgment dated 08.11.2013.

¶26

3 - NC: 2023:KHC:46846 WP No. 9521 of 2014

¶27

The Petitioner being aggrieved has preferred the above writ petition and sought for quashing of the same.

¶28

It is submitted that during the hearing of the above petition, the Respondents No.3 and 4 and the Petitioner have decided to prefer the present Joint Memo on the following terms.

¶29

(i) The Petitioner has decided to bring an end to this litigation and has no claim of any sort from respondent M/s Hasanath Education Society and voluntarily decided to present this joint memo.

¶30

(ii) The Petitioner will be entitled to seek for payment of pension from 01.10.2012 from the Education Department and the Government and she will be paid the same by the Department by considering the notional fixation of pay as on 30.09.2012, based on the norms of the UGC.

¶31

(iii) The Management will cooperate for submission and forwarding of the proposal for payment of pension of the Petitioner and will request the Department for sanction of the pension and other benefits payable to the Petitioner treating the services of the Petitioner from her initial date of appointment till 30.09.2012, the actual date of superannuation without reference to the order of dismissal passed or disciplinary proceedings initiated by the management against the Petitioner. Both the Order

¶32

4 - NC: 2023:KHC:46846 WP No. 9521 of 2014

¶33

of Dismissal from service and that of the Hon’ble EAT hence require to be set aside.

¶34

Wherefore, it is prayed for disposal of the above writ petition in the above terms, in the ends of justice.”

¶35

In view of the above, the writ petition is disposed of in terms of the joint memo. The impugned order of dismissal and its affirmation by the Appellate Tribunal are set aside. The respondent – Institution shall forward to the authorities the proposal for payment of pension and other entitlement to the petitioner, within a period of one month from today and on receiving such proposal, the authorities shall pass appropriate orders within a period of one month thereafter.

¶36

Sd/JUDGE

¶37

PKS, List No.: 1 Sl No.: 71

Smt Nazhath Jabeen v. the Commissioner for

Case brief

What is this about?

What did the court decide?

Smt Nazhath Jabeen v. the Commissioner for

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Prasanna Kumar a v Vs State of Karnataka

Sri Munawar Pasha Vs Teh Chief Executive Officer

Sri Prasanna Kumar K M Vs M/S Vokkaligara Sangha

Mr K M Mohammed Ziaulla Vs the Karnataka Housing Board

Sri T P Manjunatha Vs the State of Karnataka

Sri.Nagaraja K.N. Vs the Karnataka Power Transmission Corporation Ltd.