High CourtsSingle Bench(2012) 09 KAR CK 0143

Basavanneppa vs Karnataka University, Dharwad and V.D. Bolishetty, Assistant Teacher Now Promoted to The Post of Principal University Public School College Road, Dharwad

Karnataka High Court · Decided on 7 September 2012

HON’BLE JUDGES
Huluvadi G. Ramesh, J
CASE NUMBER
Writ Petitions 64472 of 2009 (S Res)

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Judgment

5 paragraphs · 283 words

Huluvadi G. Ramesh

1.

In this petition, petitioner has sought for a direction to the respondent to release all arrears of salary wrongly withheld along with interest and also to promote him to the post of Principal and to quash annexures A and B. So far as reduction of the post of petitioner which he had held, if it is not in accordance with law, it is for the respondent authority to reconsider the same and to pass appropriate orders.

2.

So far as annexure B is concerned, since already the 2nd respondent who had held the post of Principal has retired from service, question of implementing that order would not arise. Further, so far as releasing consequential benefits as per entitlement, if any is concerned, on such calculation being made by the respondent University if it is found that petitioner is eligible to be promoted to the post of Principal or if there is any reduction in rank, the same may be reconsidered and appropriate orders be passed at least for the purpose of monetary benefits and to extend the benefits if available, according to law.

3.

According to the petitioner, he has worked for thirty five years as Assistant Teacher cum House Master. Stating that he should only work as a Warden, his rank is reduced as also the salary benefits.

4.

In view of the observation made above, annexure A is quashed and it is for the respondent University to give opportunity to the petitioner and pass appropriate orders expeditiously, having regard to the fact that he had served for thirty five years and there is reduction from the cadre without due notice to the petitioner. Petition is disposed of.