Sri S R Gururaja Vs the State of Karnataka

SRI. S. R. GURURAJA, S/O. LATE S. RAMA RAO, AGED ABOUT 53 YEARS, WORKING AS JUNIOR TRAINING OFFICER MARUTHI INSTITUTE OF TECHNOLOGY AND CRAFTS INDUSTRIAL TRAINING INSTITUTE, MULABAGAL, KOLAR-563 131.

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…PETITIONER

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(BY SRI. SATISH K., ADVOCATE)

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AND:

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Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, DEPARTMENT OF SKILL DEVELOPMENT, ENTREPRENEURSHIP AND LIVELIHOOD, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, M. S. BUILDING, BANGALORE-560 001.

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THE COMMISSIONER, DEPARTMENT OF INDUSTRIAL TRAINING AND EMPLOYMENT, "KASUSHALYA BHAVAN", DAIRY CICLE, BANNERGHATTA ROAD, BANGALORE-560 029.

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HC-KAR

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THE DIRECTOR, DEPARTMENT OF INDUSTRIAL TRAINING AND EMPLOYMENT, "KAUSHALYA BHAVAN", DAIRY CIRCLE, BANNERGHATTA ROAD, BANGALORE-560 029.

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MARUTHI INSTITUTE OF TECHNOLOGY AND CRAFTS, REPRESENTED BY THE SECRETARY, INDUSTRIAL TRAINING INSTITUTE, MULABAGAL, KOLAR-563 131.

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MARUTHI INSTITUTE OF TECHNOLOGY AND CRAFTS, REPRESENTED BY THE PRINCIPAL, INDUSTRIAL TRAINING INSTITUTE, MULABAGAL, KOLAR-563 131.

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…RESPONDENTS

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(BY SMT. B.P. RADHA, AGA FOR R1 TO R3; R4 AND R5 ARE SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS AND QUASH THE IMPUGNED COMMUNICATION DATED 01/03/2024 BEARING NO. OOTAE/TA/SA,-1/VIVA-216/97-98 ISSUED BY RESPONDENT NO. 3 (ANNEXURE-G) AND CONSEQUENTLY DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION OF THE PETITIONER FOR VOLUNTARY RETIREMENT AND PERMIT THE PETITIONER TO VOLUNTARILY RETIRE FROM SERVICE.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING B- GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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3 -

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NC: 2025:KHC:42394 WP No. 11780 of 2024

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HC-KAR

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ORAL ORDER

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This writ petition is filed seeking for the following reliefs:

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'' a) Call for records from the respondents;

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b) Issue writ or order quashing the impugned communication dated 01.03.2024 bearing No.OoTaE/Ta/Sam-1/ViVa-216/97-98 issued by the respondent No.3 (Annexure-G) and consequently direct the respondents to consider the application of the Petitioner for voluntary retirement and permit the petitioner to voluntarily retire from service, in the interest of justice and equity;

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c) Pass any other Order which this Hon'ble Court deems fit, including the cost of the writ petition, in the interest of justice and equity.''

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The brief facts leading rise to the filing of this writ petition are as follows:

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The petitioner has filed this petition seeking to quash the impugned communication dated 01.03.2024 issued by respondent No.3 to respondent No.5 which is communicated to the petitioner via communication dated 13.03.2024, wherein the application for voluntary retirement of the petitioner was rejected by the respondents on the ground that the provision for voluntary retirement is not provided under the Grant-in-Aid Code Private Industrial Training Institute in Karnataka, 1997 and for such other rules released.

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HC-KAR

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It is contented that the impugned communication dated 01.03.2024 is arbitrary and it is contented that the Grant in Aid Code Private Industrial Training Institute in Karnataka, 1997 and Grant in Aid Code Private Industrial Training Institute in Karnataka (Revised), 2007 applies to all the private industrial training institutes in the State under the control and the department receiving the Grant-in-Aid under the 1997 Code or applying newly for sanction of Grant-in-Aid under the Code. Respondent No.4 was provided with Grant-in-Aid and the petitioner was also extended with the pay scale. The said code at clause (24) provides for general conditions of service applicable to the Government employees according to the provision of the Karnataka Civil Services Rules, as amended from time to time and said conditions are applicable to the aided employees of private ITIs. Rule 285 of the Karnataka Civil Services Rules, provides for voluntary retirement. Such being the case the reasons provided by respondent No.3, rejecting the application of the petitioner, for voluntary retirement, is illegal and arbitrary. The petitioner, aggrieved by the rejection of application for voluntary retirement has filled this writ petition.

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HC-KAR

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Heard the arguments of Sri. M.S. Bhagwat, the learned Senior Counsel appearing for Sri. Satish K, learned counsel for the petitioner and learned AGA appearing for the respondents.

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Sri. M.S. Bhagwat, learned Senior Counsel appearing for Sri. Satish K, learned counsel for the petitioner submits that in view of the affidavit filed by the Deputy Secretary to the Government Department of Skill Development, Entrepreneurship and Livelihood, Bangalore, the petition may be disposed of.

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Learned AGA submits that the rules will be finalized within one month from today.

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Perused the records and considered the submissions of the learned counsel for the parties.

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There is no dispute that the petitioner has submitted an application for voluntary retirement. The said application was rejected on the ground that the provisions for voluntary retirement is not provided under the Grant-in-Aid Code Private Industrial Training Institute in Karnataka, 1997. This Court vide Order dated 16.01.2025 directed the respondent No.1-

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HC-KAR

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Secretary to file an affidavit as to why the Grant-in-Aid Code for the Private Industrial Training Institute in Karnataka (Revised), 2007 is not notified till this day and further the respondent No.1 shall state in the affidavit as to why the Karnataka Technical Educational Institutions (Grant-in-Aid Code for the Private Industrial Training Institute) Rules, 2007 is not published, though objections were called for under the notification dated 30.01.2023.

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Pursuant to the order dated 16.01.2025, the Deputy Secretary to the Government, Department of Skills Development, Entrepreneurship and Livelihood has filed an affidavit. The said affidavit would not indicate the time required for taking a decision on 2023 draft Rules. On 04.02.2025, learned Additional Advocate General submitted that taking note of the difficulties of the employees of Private Industrial Training Institutions, the Commissioner has forwarded a proposal in his communication dated 03.02.2025, which was filed along with the memo to issue executive order making a provision for voluntary retirement of those employees and the proposal would be considered and appropriate decision would be taken. Pursuant to the said order, the proposal for issuing an

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HC-KAR

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executive order was forwarded to the Finance Department and the same would see that the approval is obtained within the next week.

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On 10.10.2025, this Court has passed the following

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order:

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"Sri. M.S.Bhagwat, learned Senior Counsel for the petitioner submits that, the Secretary to Government of Karnataka, Department of Skill Development, Entrepreneurship and Livelihood has filed an affidavit on 28.01.2025, which reads as follows:

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6. I state that the draft Rules of the Karnataka Technical Educational Institutions (Grant in Aid for Private Industrial Training institutes) Rules, 2023 were published vide the Notification No: SDEL 90 ITA 2018, dated 30-01-2023 and objections were called for by the Government for the same. About 484 objections were received in time and 28 objections were received after the last date for receiving the objections. The objections have been forwarded to the State Government (Secretariat) by the Commissionerate of Industrial Training and Employment along with comments. The said objections are pending consideration at the Secretariat level.

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7. I state that since the finalisation and implementation of the draft Rules will have financial implications, the concurrence of the Finance Department and the Cabinet are mandatory procedures as per the extant Rules. Further, the concurrence of the Department of Parliamentary Affairs and Legislation (DPAL) has to be obtained in respect of subordinate legislation and thereafter, the approval of the Cabinet is mandatory in this matter.

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8. I state that all efforts will be made regarding the finalisation of the draft rules in accordance

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HC-KAR

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with due procedures in law as expeditiously as possible.

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Sri. Bhagwat further submits that, till today, the Government has not finalized draft rules in accordance with procedure in law.

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Learned Additional Government Advocate seeks time to secure instructions.

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List this petition on 14.10.2025 to ascertain whether the draft rules have been finalized or not.''

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Wherein learned Senior Counsel appearing for the petitioner submitted that the Government has not yet finalized the draft Rules in accordance with the procedure in law.

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First of today, learned AGA submitted that the Deputy Secretary to the Government has filed an affidavit stating that the department has forwarded the approved draft Rules to the finance department in the month of January, 2025 itself. In view of the financial implications in implementing the said Rules, the concurrence of the Finance Department, Department of Parliamentary Affairs and Legislation and that of the Cabinet are mandatory. Since the draft Rules are pending consideration with the Finance Department, the said Rules shall be brought into effect as soon as the Finance Department gives its concurrency and it is also stated that the said procedure may be completed within one month and the respondents are

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HC-KAR

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committed to bring out the said Rules as per the undertaking given before this Court. Hence, the respondents have undertaken to bring the Rules into force, within one month from today.

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In the light of the affidavit filed by the Deputy Secretary to the Government, Department of Skill Development, Entrepreneurship and Livelihood, Bangalore, the impugned communication dated 01.03.2024 vide Annexure-G is liable to be set-aside.

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In view of the above discussion, the writ petition is disposed of . The respondents shall reconsider the application of the petitioner and pass an appropriate order within one month from the date of the Karnataka Technical Educational Institutions (Grant in aid for the Private Industrial Training Institutions) Rules, 2007 are enacted.

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In view of allowing of the writ petition, pending I.A.No.1/2024 stands disposed of.

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Sd/(ASHOK S.KINAGI) JUDGE

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RL

Sri S R Gururaja v. the State of Karnataka

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Sri S R Gururaja v. the State of Karnataka

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