SMT. SHREEDEVI B D v. STATE OF KARNATAKA

SMT. SHREEDEVI B D W/O VEERENDRA D N AGED ABOUT 41 YEARS WORKING AS ASSISTANT PROFESSOR POLITICAL SCIENCE DEPARTMENT O/O SIR M V GOVERNMENT ARTS AND COMMERCE COLLEGE NEW TOWN, BHADRAVATHI -5 R/AT SRI VENKATESHWARA NILAYA 2ND CROSS, BESIDE GOVERNMENT SCHOOL VIDYANAGAR, SHIVMOGGA-577203. (BY SRI. V LAKSHMINARAYANA, SR. COUNSEL FOR SMT. ANUSHA L., ADV.) …PETITIONER AND:

STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M S BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560001.

THE COMMISSIONER OF COLLEGIATE EDUCATION PALACE ROAD BANGALORE-560001. MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3475 WP No. 20128 of 2021

THE DIRECTOR OF COLLEGIATE EDUCATION PALACE ROAD BENGALURU-560001.

THE JOINT DIRECTOR OF COLLEGIATE EDUCATION VIDYANAGAR MARTHUR ROAD SHIVMOGGA-577203.

SECRETARY SRI VENKATESHWARA FIRST GRADE COLLEGE CHALLIKERE TOLL GATE NH-4, CHITRADURGA-577501.

THE PRINCIPAL SRI VENKATESHWARA FIRST GRADE COLLEGE CHALLIKERE TOLL GATE NH-4, CHITRADURGA-577501. …RESPONDENTS (BY SMT. PRATHIBHA R.K., AGA FOR R1 TO R4 SRI PRAVEEN KUMAR RAIKOTE, ADV. FOR R5 & R6) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY SUBSISTENCE ALLOWANCES DURING THE PERIOD OF SUSPENSION DATED 23.01.2020 AS PER ANNX-A SINCE, THE ORDER OF SUSPENSION WAS PROCEEDED WITHOUT THE APPROVAL OF THE COMPETENT AUTHORITY AND DECLARE THAT, THE SUSPENSION ORDER DATED 23.01.2020 (ANNX-A) IS ILLEGAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:3475 WP No. 20128 of 2021 ORAL ORDER Heard learned senior counsel Sri.V.Lakshminarayana for Smt. Anusha.L., learned counsel for petitioner, learned counsel Smt. Prathibha.R.K., for respondent Nos.1 to 4 and learned counsel Sri. Praveen Kumar Raikote for respondent Nos.5 and 6. Perused the writ petition papers.

2. Learned senior counsel Sri.V.Lakshminarayana for the petitioner would submit that the petitioner was kept under suspension on 07.02.2019 and subsequently suspension was revoked and they were deputed to various other institutions by order dated 23.01.2020.

3. During the course of hearing, learned Additional Government Advocate made available the order dated 23.01.2020 under which petitioner is deputed to Sir M.V., Arts and Commerce College, Bhadravati by invoking her suspension, which discloses that the Management had not obtained their approval for suspension and respondent No.2 has held that - 4 - NC: 2025:KHC:3475 WP No. 20128 of 2021 suspension is illegal. In that view of the matter, petitioner seeks salary for the period under which she was under suspension.

4. Learned senior counsel for the petitioner would submit that when the suspension of the petitioner is declared or treated as illegal, the management would become liable to pay the salaries of the petitioner. Therefore, he submits that respondent Nos.4 and 5 be directed to pay the salary of the petitioner.

5. The petitioner has alternate remedy under Section 130 or 131 of the Karnataka Education Act,

1983. The petitioner has to make appropriate representation/application before competent authority seeking salary for the period during which she was under suspension and it is for the Competent Authority to take note of the petitioner’s contention and pass appropriate order. - 5 - NC: 2025:KHC:3475 WP No. 20128 of 2021

6. In that view of the matter, writ petition stands disposed of with liberty to the petitioner to make appropriate representation/application before Competent Authority or before the Authorities under 1983 Act. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 0