Allowed

Sri Jnanananda S v. the State of Karnataka

Karnataka HC4 Jan 2024WP/239/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka held that the petitioner's claim to service benefits based on continuous service from 1998 is a fit case for judicial intervention. It directed the respondent Authorities to examine the representation and decide on service benefits within three months.

What did the court decide?

Respondent Nos.1 and 2 directed to consider representations dated 13.03.2023 regarding service benefits from 06.03.1998 within three months.

Sri Jnanananda S Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC:398 WP No. 239 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF JANUARY, 2024 BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.239 OF 2024 (S-RES)

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BETWEEN:

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SRI.JNANANANDA S S/O C.SIDDAIAH AGED ABOUT 52 YEARS VISESHWARAPURA COLLEGE OF SCIENCE V V PURAM, KR ROAD BENGALURU-560 004

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…PETITIONER

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(BY SRI. V.B.SIDDARAMAIAH, ADVOCATE)

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AND:

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Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION M.S BUILDING DR.B.R.AMBEDKAR VEEDI BENGALURU-560 001

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THE DIRECTOR DEPARTMENT OF VOCATIONAL EDUCATION AND PU BOARD 18^TH CROSS, SAMPIGE ROAD MALLESHWARAM BENGALURU-560012

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2 - NC: 2024:KHC:398 WP No. 239 of 2024

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THE COMMISSIONER DEPARTMENT OF COLLEGIATE AND TECHNICAL EDUCATION GOVERNMENT OF KARNATAKA TANTRIKA SHIKSHANA BHAVANA PALACE ROAD BENGALURU-560001

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THE JOINT DIRECTOR OF COLLEGIATE EDUCATION TANTRIKA SHIKSHANA BHAVANA PALACE ROAD BENGALURU-560001

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…RESPONDENTS

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(BY SRI.B.RAVINDRANATH, AGA FOR R.1 TO 4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1, THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, MS BUILDING, DR. B.R.AMBEDKAR VEEDI, BENGALURU, TO CONSIDER REPRESENTATION OF THE PETITIONER DTD. 13.03.2023 VIDE ANNX-N, WHICH IS GIVEN FOR THE PAYMENT OF SERVICE BENEFITS FROM 06.03.1998 (SENIORITY, PROMOTION, TIME BOUND INCREMENT, ARREARS OF SALARY ETC.) AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2024:KHC:398 WP No. 239 of 2024

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ORDER

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Learned AGA is directed to accept notice for

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respondent Nos.1 to 4.

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This captioned writ petition is filed seeking for the following relief;

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“a) Issue a writ of Mandamus or any other writ or order to direct the 1^st respondent, the State of Karnataka, represented by its Secretary, Department of Primary and Secondary Education, MS Building, Dr.B.R.Ambedkar Veedi, Bengaluru, to consider representation of the petitioner dated: 13.03.2023, vide Annexure-N, which is given for the payment of service benefits from 06.03.1998 (Seniority, promotion, time bound increment, arrears of salary etc.).

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b) Issue a writ of Mandamus or any other writ or order to direct the 2^nd respondent, the Director, Department of Vocational Education and PU Board, 18^th Cross, Sampige Road, Malleshwaram, Bengaluru, to consider representation of the petitioner dated:

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4 - NC: 2024:KHC:398 WP No. 239 of 2024

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13.03.2023, vide Annexure-M, which is given for the payment of service benefits from 06.03.1998, (Seniority, promotion, time bound increment, arrears of salary, etc.).

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c) To grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the facts and in the circumstances of the case.”

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The petitioner was appointed as a Lecturer in JOC Automobile on 06.03.1998, in Public PU College, Channapatna. The appointment of the petitioner was confirmed on 06.04.2011 against any vacant post in the Aided Private Institutions. The petitioner claims that in the 18^th JOC Employees merger committee meeting held on 10.09.2015, it was resolved to give postings to the candidates, who have secured NOC for available posts from the Private Aided Institutions. The petitioner having secured NOC from Rajya Vokkaligara Sangha for posting in Viveshwarapura College of Science, Bengaluru in FDA Cadre submitted detailed representations annexing NOC Certificate. The petitioner claims that there was no laches

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5 - NC: 2024:KHC:398 WP No. 239 of 2024

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on the part of the petitioner in reporting duty to the said Viveshwarapura College of Science, Bengaluru. The petitioner claims that on account of situation beyond his control, petitioner was not able to work for a period from 30.11.2018 to 01.09.2022 in the confirmed post. The petitioner, however, claims that he has worked up to 30.08.2022 as a part time employee. Therefore, petitioner has given detailed representations dated 13.03.2023 vide Annexures – N and M to release the service benefits from the date of appointment i.e., 06.03.1998.

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Heard learned counsel appearing for the

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petitioner and learned AGA. Perused the records.

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The petitioner has submitted detailed

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representations addressed to respondent Nos.1 and 2.

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The petitioner claims that having discharged continuous service from 06.03.1998 to 30.08.2022, the petitioner was relieved from the duty by Public PU College, Channapatna and in view of securing the post at Viveshwarapura College

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6 - NC: 2024:KHC:398 WP No. 239 of 2024

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of Science, Bengaluru, petitioner claims that he is entitled to seek all service benefits from 06.03.1998 till 30.08.2022. Accordingly, representations are submitted to respondent Nos.1 and 2 as per Annexures – N and M.

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In the light of the claim made by the

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petitioner, which is indicated in both representations vide Annexures-N and M, the Authorities are bound to examine as to whether petitioner is entitled to seek service benefits as indicated in the said representations. If the petitioner is claiming that he has discharged his duties from 06.03.1998 till 30.08.2022 at Public PU College, Channapatna till he was relieved as the posting was given to Viveshwarapura College of Science, Bengaluru, the Authorities are bound to examine as to whether the petitioner is entitled for the service benefits as indicated in both representations. Therefore, this Court is more than satisfied that this is a fit case to issue direction to respondent Nos.1 and 2 to consider said representations in accordance with law and pass appropriate orders.

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NC: 2024:KHC:398 WP No. 239 of 2024

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For the reasons stated supra, I pass the

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following;

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ORDER

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(i) The writ petition is allowed.

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(ii) Respondent Nos.1 and 2 are hereby directed to consider the representations vide Annexures-M and N in accordance with law.

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(iii) This exercise shall be completed within an outer limit of three months from the date of receipt of copy of this order.

Sd/-

JUDGE

NBM

List No.: 1 Sl No.: 6

Sri Jnanananda S v. the State of Karnataka

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Sri Jnanananda S v. the State of Karnataka

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