Disposed

Gurushiddappa S/O Sangappa Belavatagi v. the State of Karnataka

Karnataka HC5 Sept 2024WP/104833/2024

Case brief

AI extract

What is this about?

A teacher sought a mandamus to consider representations for release of salary at aided Primary School Teachers Scale, following grant-in-aid to his institution. Without deciding merits, the court disposed of the petition directing respondents to consider the representations within eight weeks and inform him of the result.

What did the court decide?

Respondents no.1 to 4 directed to consider Annexure-E series representations, if pending, in accordance with law within eight weeks and inform petitioner.

Gurushiddappa S/O Sangappa Belavatagi Vs… — Pension and Retirement Benefits | Karnataka HC (2024)

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-1 - NC: 2024:KHC-D:12800 WP No. 104833 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 5^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

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WRIT PETITION NO.104833 OF 2024 (S-RES)

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BETWEEN:

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SRI GURUSHIDDAPPA S/O. SANGAPPA BELAVATAGI, AGED ABOUT 44 YEARS, OCC: TEACHER, R/O: PETE ROAD, MANTUR VILLAGE, TQ: HUBBALLI, DIST: DHARWAD – 580 023.

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…PETITIONER

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(BY SRI KARTIK GANACHARI, ADVOCATE)

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AND:

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka

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THE STATE OF KARNATAKA, REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION AND LITERACY, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU – 560 001.

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THE COMMISSIONER, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, DHARWAD – 580 008.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, RODDA ROAD, DHARWAD – 580 008.

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NC: 2024:KHC-D:12800 WP No. 104833 of 2024

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THE BLOCK EDUCATION OFFICER, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, RURAL ZONE, HUBBALLI – 580 020.

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SRI ADAVI SIDDESHWARA EDUCATION TRUST, MANTUR VILLAGE, BANDIWADA, HUBBALLI, DHARWAD DIST, REPRESENTED BY ITS SECRETARY – 580 023.

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…RESPONDENTS

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(BY SRI P.N.HATTI, HCGP FOR R1 TO R4; NOTICE TO R5 IS SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 21-06-2024 VIDE ANNEXURES-E TO E4 RESPECTIVELY BY DIRECTING THE RESPONDENTS TO RELEASE THE AIDED SCALE TO THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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This writ petition is filed seeking for a writ of mandamus directing respondents to consider petitioner’s representations at Annexures-E to E4 wherein petitioner had claimed release of salary at aided Primary School Teachers Scale.

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NC: 2024:KHC-D:12800 WP No. 104833 of 2024

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Sri Kartik Ganachari, learned counsel for petitioner

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submitted, petitioner was working as teacher in respondent no.5 - Institution from 2004. Said institution was admitted to grant-in-aid by order dated 06.08.2022. Though said order was kept in abeyance by order dated 03.09.2022, under subsequent Government Order dated 30.01.2023, earlier order dated 03.09.2022 was withdrawn. In view of above, order dated 06.08.2022 admitting institution to grant-in-aid would require to be implemented. Therefore, he had submitted representations to respondents as per Annexure-E series.

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In meanwhile, some third person had filed W.P.no.104058/2023 with a prayer for consideration of representations about alleged irregularities committed while admitting respondent no.5 - Institution to grant-in-aid. Said writ petition was disposed of on 15.12.2023 with a direction to consider representation. It was submitted, petitioner’s representations were likely not be considered on account of said direction. Therefore, petitioner had submitted further representations dated 21.06.2024 as per Annexure-E series, which had remained pending, despite lapse of reasonable time. Therefore, petitioner was seeking direction.

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NC: 2024:KHC-D:12800 WP No. 104833 of 2024

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Sri P.N.Hatti, learned HCGP for respondents no.1 to

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4, on other hand, sought to oppose petition. It was however submitted that in case petitioner’s representations were pending and not already considered, same would be considered in accordance with law within reasonable time.

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Heard learned counsel and perused writ petition

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record.

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From above, it is seen that only relief sought by petitioner is for a writ of mandamus for consideration of representations at Annexure-E to E4. Representations are appended with acknowledgment of receipt and would appear pending consideration.

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In view of above, without going into merits or demerits of petitioner’s claims, it would be appropriate to dispose of writ petition by directing respondents to consider petitioner’s representations.

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Hence, writ petition is disposed of. Respondents no.1 to 4 are directed to consider petitioner’s representations at Annexure-E series, if not already considered, in accordance

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NC: 2024:KHC-D:12800 WP No. 104833 of 2024

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with law, within a period of eight weeks from date of receipt of certified copy of this order.

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Needless to mention that direction to consider shall not be treated as positive direction to grant relief sought for in representation, only to consider representation on own merits

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within timeline indicated and inform petitioner of result.

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Sd/(RAVI V.HOSMANI) JUDGE

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AV CT-ASC List No.: 1 Sl No.: 4

Gurushiddappa S/O Sangappa Belavatagi v. the State of Karnataka

Case brief

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Gurushiddappa S/O Sangappa Belavatagi v. the State of Karnataka

Case brief

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