A JOC Lecturer challenged the posting of another candidate in his place following counselling after his institution closed JOC courses. He continued at the new institution under interim orders until superannuation. The Court disposed of the petition, permitting him to seek financial benefits via representation.
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NC: 2024:KHC:21206 WP No. 6451 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JUNE, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 6451 OF 2022 (S-RES)
BETWEEN:
SRI M S SHIVARAJU
S/O SHIVAMARIGOWDA M
R/AT MARIGOWDANA DODDI VILLAGE IGOLLAHALLI POST, KANAKAPURA TQ RAMANAGARA DIST
UYYAMBALLI HOBLI 562117.
…PETITIONER
(BY SRI. SRIKANTH M P.,ADVOCATE)
AND:
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
RAMANAGARA DIST 562117.
…RESPONDENTS
(BY SRI.NAVEEN CHANDRASHEKAR., AGA FOR R1 TO R5; SRI. JWALA KUMAR, ADVOCATE FOR R8, R6 AND R7 ARE SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16.07.2021 VIDE ANNEXURE-M PASSED BY R1; QUASH THE ORDER DATED 24.01.2022 PASSED BY THE R2 VIDE ANNEXURE-N; DIRECT THE R1 TO R5 TO CONFIRM THE POSTING OF THE
NC: 2024:KHC:21206 WP No. 6451 of 2022
PETITIONER IN THE 7TH RESPONDENT INSTITUTION AND FURTHER TO ENTITLE HIM ALL THE BENEFITS ARISING OUT OF SUCH POST.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner was working as a JOC Lecturer with the third respondent, and with this respondent closing down the institution insofar as JOC courses, the petitioner is accommodated with this respondent’s other institution [ the seventh respondent ]. The petitioner has approached this Court being aggrieved by the first respondent’s order dated 16.07.2021 [ Annexure-M ] posting the eighth respondent in his place pursuant to the counselling process.
NC: 2024:KHC:21206 WP No. 6451 of 2022
that the petitioner has continued to be in force with the seventh respondent in terms of the interim order granted, submits that as of 30.06.2023 the petitioner has attained the age of superannuation, and therefore, the petition must be disposed of in the light of this turn of events.
NC: 2024:KHC:21206 WP No. 6451 of 2022
Annexures-M and N. In which event, the petitioner would also be entitled to financial benefits accordingly. Hence, the petition must be disposed of reserving liberty to the petitioner to file a representation with the second respondent a certified copy of this order requesting for appropriate recommendations for payment of all financial benefits and directing the second respondent, if the petitioner files a representation as now enabled, to consider the same and communicate the decision taken on such representation within a period of three [3] months from the date of receipt of representation.
As such, the petition stands disposed of in
terms above.
Sd/JUDGE
SA ct:sr
1 issue framed by the court
Whether the petitioner, who officiated as JOC Lecturer at the seventh respondent institution under interim orders and has since superannuated, is entitled to confirmation of posting and financial bene
Sri M S Shivaraju
The State of Karnataka by its Prl. Secretary to Government
The Commissioner for Public Instruction
The Director Secondary Education
The Deputy Director of Public Instructions Ramanagara Dist
The Block Education Officer Kanakapura
B M Shyam Prasad
As recorded by the court registry
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