Allowed

Kumari Champaka N v. State of Karnataka

Karnataka HC6 Jun 2024WP/2614/2022

Case brief

AI extract

What is this about?

Three concurrent writ petitions regarding a dispute over promotion and salary grants between two lecturers and an educational institution were disposed of. Recognizing the dispute had dissipated, the Court directed the State Director to consider pending promotion recommendations within eight weeks and reinstate withheld salary grants within two weeks.

What did the court decide?

Director directed to consider promotion recommendations within 8 weeks and reinstate salary grants within 2 weeks.

Kumari Champaka N Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC:19591 WP No. 2614 of 2022 C/W WP No. 21930 of 2021 WP No. 7411 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD

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WRIT PETITION NO. 2614 OF 2022 (S-RES)

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C/W

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WRIT PETITION NO. 21930 OF 2021 (S-RES) WRIT PETITION NO. 7411 OF 2022 (S-RES)

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IN WP NO. 2614/2022

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BETWEEN:

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KUMARI CHAMPAKA N D/O LATE PROF S NAGARAJU AGED ABOUT 57 YEARS SELECTION GRADE LECTURER IN ENGLISH VIDYAVARDHAKA P U COLLEGE SHESHADRI IYER ROAD, MYSORE 570001 AND R/AT NO. 1881/1 2^ND CROSS, WESLEY ROAD, MANDIMOHALLA, MYSORE 570001.

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Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

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…PETITIONER

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(BY SRI. SUBRAHMANYA BHAT M.,ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF PU EDUCATION M S BUILDINGS, BANGALORE 01.

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THE DIRECTOR DEPARTMENT PRE UNIVERSITY EDUCATION SAMPIGE ROAD, 18^TH CROSS,

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NC: 2024:KHC:19591 WP No. 2614 of 2022 C/W WP No. 21930 of 2021 WP No. 7411 of 2022

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BANGALORE-12

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DEPUTY DIRECTOR DEPARTMENT OF PRE UNIVERSITY EDUCATION MYSORE DIST, MYOSRE.

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VIDYAVARDHAKA SANGHA SHESHADRI IYER ROAD, MYSORE 270001 REPRESENTD BY THE SECRETARY.

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SRI. SIDDAIAH LECTURER IN COMMERCE VIDYAVARDHAKA P U COLEGE SHESHADRI IYER ROAD, MYSORE 570001.

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…RESPONDENTS

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(BY SRI. NAVEEN CHANDRASHEKAR, AGA FOR R1 TO R3; SRI. VARDHAMAN V GUNJAL, ADVOCATE FOR R4; SRI. PAVAN KUMAR G., ADVOCATE FOR R5)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R4 TO WITHDRAW THE PROMOTION GRANTED TO THE R5 AS IN CHARGE PRINCIPAL AND FURTHER PROMOTE THE PETITIONER TO THE POST OF PRINCIPAL AND SUBMIT A PROPOSAL TO RESPONDENTS 1 TO 3 IN TERMS OF THE DIRECTIONS ISSUED BY THE R2 IN THE MEMORANDUM DATED 15.11.2021 A COPY OF WHICH IS PRODUCED AS ANNEXURE-X; DIRECTING THE R2 AND R3 TO TAKE SUITABLE STEPS TO WITHDRAW THE DEPUTATION/TRANSFER OF THE R5 TO VIDYAVARDHAKA PU COLLEGE.

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NC: 2024:KHC:19591 WP No. 2614 of 2022 C/W WP No. 21930 of 2021 WP No. 7411 of 2022

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IN WP NO. 21930/2021

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BETWEEN:

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VIDYAVARDHAKA SANGHA (R) A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES

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REGISTRATION ACT, SESHADRI IYER ROAD, MYSORE-570021 REPRESENTED BY ITS SECRETARY, P VISHWANATH, AGE ABOUT 60 YEARS, S/O PUTTASWAMY.

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THE VIDYAVARDHAKA PRE UNIVERSITY COLLEGE REPRESENTED BY ITS SECRETARY AND AUTHORIZED SIGNATORY, VIDYAVARDHAKA SANGHA (R) SESHADRI IYER ROAD, MYSORE-570021.

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…PETITIONERS

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(BY SRI. VARDHAMAN V GUNJAL., ADVOCATE)

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AND:

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DEPARTMENT OF PRE UNIVERSITY EDUCATION 18^TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BANGALORE-560012 BY ITS DIRECTOR.

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DEPUTY DIRECTOR DEPARTMENT OF

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PRE UNIVERSITY EDUCATION,

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NC: 2024:KHC:19591 WP No. 2614 of 2022 C/W WP No. 21930 of 2021 WP No. 7411 of 2022

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NARAYANA SHASTRI ROAD, MYSURU DISTRICT, MYSORE-570005.

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SMT N. CHAMPAKA D/O NAGARAJ, AGED ABOUT 58 YEARS, ENGLISH LECTURER, MISSION HOSPITAL ROAD, TILAK NAGARA, MYSORE-560001.

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4. SIDDAIAH

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S/O SIDDAIAH, AGED ABOUT 57 YEARS, THE PRINCIPAL, VIDHYAVADHAKA PRE UNIVERSITY COLLEGE, SHESHADRI IYER ROAD, MYSORE-570001.

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…RESPONDENTS

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(BY SRI.NAVEEN CHANDRASHEKAR., AGA FOR R1 & R2; SRI. SUBRAMANYA BHAT M, ADVOCATE FOR R3; SRI. PAVAN KUMAR G, ADVOCATE FOR R4)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASH ANNX-A PASSED BY THE R-2 DATED 24.11.2021 ISSUED BY THE DEPUTY DIRECTOR, PRE-UNIVERSITY EDUCATION DEPARTMENT MYSORE DISTRICT, MYSORE, DIRECTING THE R-3 TO BE INDUCTED/APPOINTED PRINCIPAL OF THE 2^ND PETITIONER-PRE UNIVERSITY COLLEGE, AS ILLEGAL AND ARBITRAY AND CONTRARY TO THE KARATAKA GRANT-IN-AID CODE AND THE KARNATAKA EDUCATION ACT; QUASH ANNX-B PASSED BY THE R-1 DATED 15.11.2021 ISSUED BY THE DIRECTOR, DEPARTMENT PRE-UNIVERSITY EDUCATION,

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NC: 2024:KHC:19591 WP No. 2614 of 2022 C/W WP No. 21930 of 2021 WP No. 7411 of 2022

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BANGALORE, DIRECTING THE R-3 TO BE INDUCTED/APPOINTED PRINCIPAL OF THE 2ND PETITION PRE UNIVERSITY COLLEGE, AS ILLEGAL AND ARBITRARY AND CONTRARY TO THE KARNATAKA GRANT-IN-AID CODE AND THE KARNATAKA EDUCATION ACT.

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IN WP NO. 7411/2022

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BETWEEN:

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SIDDAIAH S/O SIDDAIAH AGED 57 YEARS THE PRINCIPAL VIDHYAVARDHAKA PRE UNIVERSITY COLLEGE NO. 793/2 VIDYANAGARA T NARASIPURA TOWN MYSORE DISTRICT - 571 124

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…PETITIONER

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(BY SRI. PAVAN KUMAR G.,ADVOCATE)

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AND:

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DEPARTMENT OF PRE-UNIVERSITY EDUCATION REPRESENTED BY ITS DIRECTOR 18^TH CROSS, SAMPIGE ROAD, MALLESHWARAM

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BANGALORE - 560 012.

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DEPUTY DIRECTOR DEPARTMENT OF PRE UNIVERSITY EDUCATION NARAYNA SASHTRI ROAD MYSORE DISTRICT - 570 005.

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VIDYAVARDHAKA SANGHA (R) A SOCIETY REGISTERED

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UNDER THE KARNATAKA SOCIETIES

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NC: 2024:KHC:19591 WP No. 2614 of 2022 C/W WP No. 21930 of 2021 WP No. 7411 of 2022

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REGISTRATRION ACT SESHADRI IYER ROAD MYSORE - 570 021.

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REPRESENTED BY ITS SESCRETARY P VISHWANATH AGED 70 YEARS S/O PUTTASWAMY.

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THE VIDYAVARDHAKA PRE UNIVERSITY COLLEGE REPRESENTED BY ITS SECRETARY AND AUTHORIZED SINATORY VIDYAVARDHAKA SANGHA (R) SESHADRI IYER ROAD MYSORE - 570 021.

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SMT. N CHAMPAKA D/O NAGARAJ AGED 58 YEARS ENGLISH LECTURER MISSION HOSPITAL ROAD TILAK NAGARA MYSORE - 560 001.

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…RESPONDENTS

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(BY SRI.NAVEEN CHANDRASHEKAR., AGA FOR R1 & R2; SRI. VARDHAMAN V GUNJAL, ADVOCATE FOR R3 & R4; SRI. SUBRAMANYA BHAT M, ADVOCATE FOR R5 )

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASH ANNX-F PASSED BY THE R-2 DATED 24.11.2021 AS ILLEGAL AND ARBITRARY; QUASH ANNX-G PASSED BY THE R-1 DATED 15.11.2021 PUED STAFF-3NN-0042 PROMOTION OF PRINCIPAL/2017-18, AS ILLEGAL AND ARBITRARY.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2024:KHC:19591 WP No. 2614 of 2022 C/W WP No. 21930 of 2021 WP No. 7411 of 2022

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ORDER

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The dispute in these proceedings, admittedly, relates to seniority inter se Ms.Champaka N [the petitioner in W.P.No.2614/2022] and Mr. Siddaiah [the petitioner in W.P.No.7411/2022], and the writ petition by the Institution [M/s Vidyavardhaka Sangha in W.P.No.21930/2021] is because of the Government's Communication to withhold the Grantin-Aid because Recommendations are not despite repeated communications in that regard. The petitions are being disposed examining the unanimous submissions by the learned counsels for the parties without entering into merits otherwise.

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The first of such submissions is that the

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inter se dispute between Ms.Champaka N and Mr. Siddaiah would no longer survive for a decision on merits inasmuch as Ms.Champaka N, who was permitted, pursuant to the interim orders of this Court, to officiate as the Principal of the institution subject to the approval by the Government, has

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NC: 2024:KHC:19591 WP No. 2614 of 2022 C/W WP No. 21930 of 2021 WP No. 7411 of 2022

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demitted office on attaining the age of

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superannuation. The next submission is that Mr. Siddaiah is placed in-charge, and that the Institution has also now forwarded recommendation to the Government to approve promotions for both from the corresponding dates. The learned counsels for the parties are categorical in stating that in these circumstances the two petitions in W.P.No.2614/2022 and W.P.No.7411/2022 could be disposed of directing the State Government to consider the corresponding recommendations to

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grant promotions to both Ms.Champaka N and Mr. Siddaiah from the respective dates so that they would be entitled for consequential benefits.

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This Court on 11.08.2023 has directed the

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Director, Department of Pre-university Education, Bengaluru [the common second respondent], to stop all salary grants to the Institution observing that the Institution is adamant in its failure to forward certain

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NC: 2024:KHC:19591 WP No. 2614 of 2022 C/W WP No. 21930 of 2021 WP No. 7411 of 2022

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recommendations for promotion qua Ms.Champaka N and Mr. Siddaiah despite Government’s communication. The learned counsels submit that upon this interim order, the salary grants have been stopped and consequentially salaries are not paid to the employees who are officiating as against the posts admitted to such grants.

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This Court must observe that if the core

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dispute has dissipated with passage of time and the concerned accepting that they would be entitled to promotion from the corresponding dates, the submissions now made must be accepted and the petitions disposed of directing the common second respondent [ the Director, Department of Pre-university Education, Bengaluru] to consider the recommendations now admittedly sent by the Institution for granting promotions from the respective dates so that consequential financial benefits could flow to them in terms of such approval.

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10 -

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NC: 2024:KHC:19591 WP No. 2614 of 2022 C/W WP No. 21930 of 2021 WP No. 7411 of 2022

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This Court, with the dissipation of the dispute and the raison d’être for directing withholding of salary grant also dissipating, must further direct reinstatement of the salary grant within a reasonable time so that other employees, who would be entitled to such salary, and perhaps unwittingly effected, are

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not further prejudiced. Hence, the following:

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ORDER

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These three petitions are disposed of.

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a] The common second respondent [ the Director, Department of Pre-University Education, Bengaluru ] is directed to consider the Institution’s

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recommendations to grant promotions to the petitioners in W.P.No.2614/2022 and W.P.No.7411/2022 from the respective dates. The second respondent shall consider and communicate the decision on these pending recommendations

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NC: 2024:KHC:19591 WP No. 2614 of 2022 C/W WP No. 21930 of 2021 WP No. 7411 of 2022

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within a period of eight [8] weeks from the date of receipt of a certified copy of this order.

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b] The petitioners in W.P.No.2614/2022 and 7411/2022 will be at liberty to file a certified copy of this order with the second respondent within two weeks from the date of receipt thereof to enable compliance with the above direction.

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c] The common second respondent is also directed to reinstate the salary grants admitted to the posts with the Institution [ the petitioner in W.P.No.21930/2021 ] within two [2] weeks from the date of receipt of a certified copy of this order, and the Institution is reserved with liberty to file a certified copy of this order with

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NC: 2024:KHC:19591 WP No. 2614 of 2022 C/W WP No. 21930 of 2021 WP No. 7411 of 2022

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the second respondent within a week to facilitate the same.

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Sd/JUDGE

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SA List No.: 1 Sl No.: 30

Kumari Champaka N v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Kumari Champaka N v. State of Karnataka

Case brief

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