Disposed

Prabhakar S v. the State of Karnataka

Karnataka HC30 Aug 2024WP/22387/2024

Case brief

AI extract

What is this about?

Writ petition challenging a Tribunal order confirming withdrawal of the petitioner's accommodation in the post of First Division Assistant. The High Court granted an interim direction permitting him to continue as FDA at his existing pay scale pending the Tribunal's decision on merits.

What did the court decide?

Petitioner permitted to continue in the cadre of First Division Assistant at scale Rs.27,650-52,650/- pending further orders in the Tribunal application.

Prabhakar S Vs the State of Karnataka — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:34964-DB WP No. 22387 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF AUGUST, 2024

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR. JUSTICE G BASAVARAJA

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WRIT PETITION NO. 22387 OF 2024 (S-KSAT)

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BETWEEN:

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PRABHAKAR S. S/O LATE SIDDAPPA AGED ABOUT 39 YEARS WORKING AS FIRST DIVISION ASSISTANT GOVERNMENT HIGH SCHOOL BETHURPALYA, HIRIYUR TALUK CHITRADURGA-577 527 R/AT. SANTRATHA NILAYA 1^ST CROSS, SOMMAIAH LAYOUT NEAR VIJAYA BANK SHIVAMOGGA-577 201

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…PETITIONER

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(BY SRI. D.R. RAVISHANKAR, SENIOR COUNSEL A/W. SRI. RAGHAVENDRA N., ADVOCATE)

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Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF SCHOOL EDUCATION AND LITERACY (PRIMARY) GATE NO.2 , 6^TH FLOOR M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001

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THE COMMISSIONER FOR PUBLIC INSTRUCTIONS OFFICE OF COMMISSIONER FOR PUBLIC INSTRUCTIONS NEAR RBI, NRUPATUNGA ROAD

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NC: 2024:KHC:34964-DB WP No. 22387 of 2024

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SAMPANGI RAMA NAGARA BENGALURU-560 001

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THE DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT OF PUBLIC INSTRUCTIONS NEAR RBI, NRUPATUNGA ROAD SAMPANGI RAMA NAGARA BENGALURU-560 001

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THE HEAD MASTER GOVERNMENT HIGH SCHOOL BETHURPALYA, HIRIYUR TALUK CHITRADURGA-577 527

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…RESPONDENTS

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(BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE RESPONDENTS PERTAINING TO ANNEXURE-A AND GRANT THE FOLLOWING RELIEFS (i) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTIONS, QUASHING THE ORDER DATED 08.08.2024 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, IN APPLICATION No.3939/2024 CERTIFIED COPY OF WHICH IS MARKED AS ANNEXURE-A AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE G BASAVARAJA

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3 - NC: 2024:KHC:34964-DB WP No. 22387 of 2024

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ORAL JUDGMENT

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(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

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Heard the learned Senior counsel appearing for the petitioner as well as the learned Additional Government Advocate appearing for the respondents.

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The question raised in this writ petition with regard to the endorsement passed by the respondents confirming the withdrawal of the accommodation given to the petitioner in the post of FDA by order dated 22.01.2022.

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Learned Senior counsel appearing for the petitioner

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submits that the scale of pay drawn by the petitioner in the post of Assistant Teacher after the grant of time bound higher grade was in the pay scale of Rs.27,650-52,650/- and this is identical to the scale of pay of the post of FDA in which the petitioner is accommodated by order dated 22.01.2022.

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It is submitted that in the above circumstances, the accommodation given to the petitioner in the post of FDA was perfectly valid and legal and therefore, there was no ground for reverting the petitioner to the post of SDA which admittedly

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4 - NC: 2024:KHC:34964-DB WP No. 22387 of 2024

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has lower pay scale than the scale which was being drawn by him as on the date when he was accommodated as FDA.

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We are of the opinion that the merits of the matter require a consideration at the hands of the Tribunal. Since, the application is pending before the Tribunal and the pleadings have not been completed therein. However, in view of the submissions made by the learned Senior counsel and after having heard the learned Additional Government Advocate as well, we are of the opinion that the balance of convenience would be in retaining the petitioner in the post of FDA, which is in the scale of pay Rs.27,650-52,650/- which was the scale of pay drawn by him as on 22.01.2022. Accordingly, we direct the respondents to permit the petitioner to continue in the cadre of First Division Assistant pending further orders in the application.

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It is made clear that we have only considered the application for the purpose for grant of interim orders and that the Tribunal is free to consider the contentions of the parties on merits and pass appropriate orders. This order will not grant

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NC: 2024:KHC:34964-DB WP No. 22387 of 2024

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any special rights to the petitioner in the pending application or in its consideration by the Tribunal.

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Accordingly, writ petition stands disposed of .

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Sd/(ANU SIVARAMAN) JUDGE

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Sd/(G BASAVARAJA) JUDGE

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RAK

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List No.: 1 Sl No.: 6

Prabhakar S v. the State of Karnataka

Case brief

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Prabhakar S v. the State of Karnataka

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