Udiyana Nanjunda Ravi, Vs State of Karnataka

UDIYANA NANJUNDA RAVI, S/O LATE U M NANJUNDA, AGED ABOUT 55 YEARS, WORKING AS PRINCIPAL, SRI RAGHAVENDRA INDUSTRIAL TRAINING CENTRE, 9^TH CROSS, S S PURAM, TUMKUR-572102 AND RESIDING AT SANNAPULIKOTU VILLAGE AND POST, BHAGAMANDALA, MADIKERI TALUK, KODAGU DISTRICT-571247.

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Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA

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NARENDRA BABU K S S/O LATE SOMASUNDARA MURTHY, AGED ABOUT 58 YEARS, WORKING AS JUNIOR TRAINING OFFICER, WORKSHOP CALCULATION AND SCIENCE AND ENGINEERING DRAWING, SRI RAGHAVENDRA INDUSTRIAL TRAINING CENTRE, 9^TH CROSS, S S PURAM, TUMKUR-572102 AND RESIDING AT ‘ANJANADR, BHAGYA NAGARA, BELAGUMBA MAIN ROAD, BELAGUMBA POST, TUMKUR-572104.

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ANAND M

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S/O SRI MARIYANNA P, AGED ABOUT 56 YEARS, WORKING AS FIRST DIVISION ASSISTANT,

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SRI RAGHAVENDRA INDUSTRIAL TRAINING CENTRE, 9^TH CROSS, S S PURAM, TUMKUR-572102 AND RESIDING AT SRI GURUKRIPA, KUVEMPU ROAD, RAGHAVENDRA NAGARA, TUMKUR-572102.

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MYLARAPPA P S/O PAPANNA, WORKING AS GROUP-D EMPLOYEE, SRI RAGHAVENDRA INDUSTRIAL TRAINING CENTRE, 9^TH CROSS, S S PURAM, TUMKUR-572102, AND RESIDING AT DRONAKUNTE, KURUDI POST, HOSURU HOBLI, GOURIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT-561210.

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…PETITIONERS

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(BY SRI. SUBRAMANYA BHAT M., ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF EMPLOYMENT AND TRAINING, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560001, REPRESENTED BY ITS SECRETARY.

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THE COMMISSIONER EMPLOYMENT AND TRAINING, KAUSHALYA BHAVAN, BANNERGHATTA ROAD, BANGALORE-29.

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THE DIRECTOR EMPOLOYMENT AND TRAINING, KAUSHALYA BHAVAN, BANNERGHATTA ROAD, BANGALORE-29.

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THE JOINT DIRECTOR (TRAINING) BANGALORE DIVISION, KAUSHALYA BHAVAN, BANNERGHATTA ROAD, BANGALORE-29.

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THE JOINT DIRECTOR (AFFILIATION) BANGALORE DIVISION, KAUSHALYA BHAVAN, BANNERGHATTA ROAD, BANGALORE-29.

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THE SECRETARY SRI VEERABHADRASWAMY EDUCATION SOCIETY,

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SUSHEELA BUILDING, 7^TH CROSS, S S PURAM, TUMKUR-572102.

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PRINCIPAL GOVERNMENT ITI, TUMKUR AND DRAWING AND DISBURSING OFFICER, TUMKUR-572105.

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…RESPONDENTS

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(BY SRI. G. RAMESH NAIK, AGA FOR R1 TO R5 & R7; SRI. K. BALAKRISHNA, ADVOCATE FOR R6)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS NO.2 TO 5 NOT TO ACT UPON THE PROPOSAL BEARING NO.V A SO:RAAKAITHASA:2023-24 DATED 6.6.2023 SUBMITTED BY THE R-6, WHICH IS REFERRED AS REFERENCE NO.(1) IN THE LETTER DATED 26.7.2023, WHICH IS PRODUCED AS ANNEXURE-F, AS THE PROPOSAL IS ARBITRARY, IRRATIONAL AND UNREASONABLE BESIDES VIOLATIVE OF ARTICLES 14, 16 AND 21 OF THE CONSTITUTION OF INDIA AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

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ORAL ORDER

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The petitioner has filed this writ petition seeking the

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following reliefs:

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1. Issue a writ of mandamus or any other writ, order or direction directing respondents No.2 to 5 not to act upon the proposal bearing No.V A SO: RAAKAITHASA:2023-24 dated 06.06.2023 submitted by the 6^th respondent, which is referred as Reference No.(1) in the letter dated 26.07.2023, which is produced as Annexure-F, as the proposal is arbitrary, irrational and unreasonable besides violative of Articles 14, 16 and 21 of the Constitution of India;

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2. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2^nd respondent to unblock the admission portal so as to enable the 1^st petitioner to make admission of students to the Fitter Trade in Sri Raghavendra ITI for the academic year 2023-25 as the last date for admission is 31.08.2023, to meet the ends of justice;

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3. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2^nd 4^th and 7^th respondent to release and pay the salary grants to the petitioners every month, to meet the ends of justice;

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4. Pass such other order or orders as this honorable Court deems fit to pass in the interest of justice and equity.

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2. The petitioners are working as a Principal, Junior Training Officer, First Division Assistant and GroupD respectively in Sri Raghavendra Industrial Training Institute run by respondent No.6. They have been working with the benefit of grant in aid from respondent No.1 Department since 1999. Petitioner No.1 is the Principal of the ITI; petitioner No.2 is working as Junior Training Officer in the Workshop Calculation and Science and Engineering Drawing subject which is taught in all the three trades; Petitioner No.3 is working as FDA and petitioner No.4 is working as Group-D employee. During the academic year 2022-2023, there were 65 students in 2 trades (4 units). For Fitter Trade, 17 students were admitted during 2022-2023. Respondent No.6 as per the letter dated 09.05.2023, surrendered one unit of Fitter Trade to the department, upon retirement of H.R.Devakumar, Junior Training Officer. Such surrender is not contemplated in the Grant in aid Code of 1997 for the private ITIs in the State. It is contended that the

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Government has passed an order on 29.12.2024 stating that service conditions applicable to the employees of private aided educational institutions are also applicable to the employees of the private aided ITIS. Thus, the provisions of the Karnataka Education Act, 1983 (for short ‘the Act of 1983’) are applicable to respondent No.6 and the petitioners. Under Section 98 of the Act of 1983, provision is made either to retrench or transfer excess employees from one aided institution to the other. Rule 23 of Karnataka Pre-University Education (Academic, Registration, Administration and Grant-in-aid etc.) Rules 2006 (for short ‘the Rules’) provides a detailed procedure to deal with the employees who are found to be excess. Respondent No.6 has surrendered the fitted trade with a malicious intention to see that the petitioner’s become excess so that they can be terminated from employment. The petitioners’ challenging the action of respondent No.6 in surrendering the fitter trade. Hence, this writ petition.

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3. Learned counsel for the petitioners filed a memo to dispose of the writ petition in terms of the memo.

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4. Learned Government Advocate submits that the

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writ petition may be disposed of in terms of the memo.

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5. The petitioners filed a memo stating that during the pendency of the writ petition, respondent No.7 has sent proposals to the Government in connection with grant of annual increments to the petitioners for the academic year 2024 and 2025 as per Annexures P and Q, which has not been released. Apart from this, the proposals are also sent to the Government by the Principal of the Institute, as per Annexure R to T, seeking grant of time bound promotion to the petitioners on completion of 10, 15, 20 and 25 years of service. The Government has not taken any action on the proposals submitted by the principal.

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6. Petitioner No.2 has retired from the services on 31.07.2005. The Principal has sent a proposal to the

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Government as per Annexures V and W to release his pensionary benefits after granting him the time bound advancement benefit as stated above, as has been done in the case of Sri Deva Kumar, JTO working in the same Institution. All these three proposals are pending for consideration before the Government. Considering the said aspect and also to avoid the multiplicity of proceedings, the writ petition may be disposed of directing the Government to take appropriate action. As the Government Advocate has submitted that the Government will consider the case of the petitioners in terms of the order passed in Sri Deva Kumar, JTO.

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7. The memo is placed on record.

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8. The writ petition is disposed of , directing the respondents to take appropriate action on the following aspects:

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a. Sanction annual increments for the year 2024 and 2025 till the Petitioners;

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b. To consider the proposal submitted by the Principal of the Institute to the Government to sanction 4 time bound advancement increments for having completed 10, 15, 20 and 25 years of service;

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