Writ Petition No. 23018 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:23254-DB WP No. 23018 of 2023 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 23018 OF 2023 (S-KSAT) Digitally signed by KAVYA G Location: High Court of Karnataka BETWEEN: 1. THE PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT, TRIBAL WELFARE DEPARTMENT, M S BUILDING, SACHIVALAYA, BANGALORE - 560 001. 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, PRIMARY AND SECONDARY EDUCATION DEPARTMENT, M.S. BUILDING, SACHIVALAYA, BANGALORE - 560 001. 3. THE DIRECTOR TRIBAL WELFARE DEPARTMENT, LOTUS TOWER BUILDING, RACE COURSE ROAD, BANGALORE - 560 001. 4. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD, BANGALORE - 560 001. 5. INTEGRATED TRIBAL DEVELOPMENT PROJECT OFFICER, - 2 - NC: 2025:KHC:23254-DB WP No. 23018 of 2023 HC-KAR KODAGU ZILLA PANCHAYATH, MADIKERI, MADIKERI DISTRICT - 571 201. …PETITIONERS
Legal Reasoning
(BY SRI. B. RAVINDRANATH, AGA) AND: 1. MR. RAJANIKANTHA N.C, S/O CHANDRU N.M, AGED ABOUT 42 YEARS, WORKING AS ASSISTANT TEACHER DEPARTMENT OF PUBLIC INSTRUCTIONS, MADIKERI ON DEPUTATION TO TRIBAL WELFARE DEPARTMENT, VALMIKI ASHRAM SCHOOL, YADAVANDU HARANGI POST, SOMWARPET TALUK, MADIKERI - 571 235. 2. MR. RAVI H.L, S/O LAKKEGOUDA, AGED ABOUT 37 YEARS, WORKING AS ASSISTANT TEACHER, DEPARTMENT OF PUBLIC INSTRUCTIONS, MADIKERI, ON DEPUTATION TO TRIBAL WELFARE DEPARTMENT AND WORKING AS ASHRAM SCHOOL, BASAVANAHALLI POST, SOMWARPET TALUK, KODAGU - 571 234. 3. MR. RANGANATH R B S/O BEERAGOUDA, AGED ABOUT 38 YEARS, WORKING AS ASSISTANT TEACHER, DEPARTMENT OF PUBLIC INSTRUCTION, MADIKERI, ON DEPUTATION TO TRIBAL WELFARE DEPARTMENT AND WORKING AS ASHRAM SCHOOLS, O/O ITDP, KODAGU ZILLA PANCHAYAT, MADIKERI, R/AT BEERANAHALLIKAVAL, ARAKALGUD TALUK, HASAN DISTRICT - 573 102. - 3 - NC: 2025:KHC:23254-DB WP No. 23018 of 2023 HC-KAR 4. MR. BHARMAPPA PASHAGAR, S/O DILLEPPA, AGED 38 YEARS, WORKING AS ASSISTANT TEACHER, DEPARTMENT OF PUBLIC INSTRUCTIONS, MADIKERI TALUK, ON DEPUTATION TO TRIBAL WELFARE DEPARTMENT AND WORKING AS ASHRAM SCHOOL TEACHER GOVERNMENT ASHRAM SCHOOLS, KARKE POST, MADIKERI TALUK, KODAGU - 571 247. 5. MR. PRASHANTH KUMAR V.S, S/O SHIVALINGAPPA V.A, AGED ABOUT 35 YEARS, WORKING AS ASSISTANT TEACHER, DEPARTMENT OF PUBLIC INSTRUCTIONS ON DEPUTATION TO TRIBAL WELFARE DEPARTMENT AND WORKING AS VALMIKI ASHRAM SCHOOL AS ASSISTANT TEACHER, KOTHURPONNAMPET TALUK, KODAGU DISTRICT - 571 216. 6. MR. SIDDALINGA SHETTY, S/O SIDDAVEERAIAH, AGED ABOUT 38 YEARS, WORKING AS ASSISTANT TEACHER, DEPARTMENT OF PUBLIC INSTRUCTIONS, MADIKERI, ON DEPUTATION TO TRIBAL WELFARE DEPARTMENT AND WORKING AS ASSISTANT TEACHER, GOVERNMENT GIRIJANA ASHRAM SCHOOL, CB HALLI VILLAGE, MALDARE POST, VEERAJPET TALUK, KODAGU DISTRICT - 571 218. 7. MR. ANAND S.K, S/O KALAIAH, AGED ABOUT 36 YEARS, ASSISTANT TEACHER, DEPARTMENT OF PUBLIC INSTRUCTIONS, MADIKERI, ON DEPUTATION TO TRIBAL WELFARE - 4 - NC: 2025:KHC:23254-DB WP No. 23018 of 2023 HC-KAR DEPARTMENT AND WORKING AS ASSISTANT TEACHER ASHRAM SCHOOL, MALABMI VILLAGE AND POST, SOMWARPET TALK, KODAGU - 571 157. 8. SHRI. BASAVARAJU N.S, S/O LATE SOMAIAH, AGED ABOUT 41 YEARS, ASSISTANT TEACHER, DEPARTMENT OF PUBLIC INSTRUCTION ON DEPUTATION TO TRIBAL WELFARE DEPARTMENT AND WORKING AS ASSISTANT TEACHER, GOVERNMENT VALMIKI ASHRAM SCHOOL, NAGARAHOLE, VIRAJPET TALUK KODAGU - 571 250. …RESPONDENTS (BY SRI. VIJAYA KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI SETTING ASIDE THE ORDER DATED 19.04.2023 PASSED BY THE KSAT BENGALURU IN A.No-580- 587/2022 VIDE ANNEXURE-A AND CONSEQUENTLY 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 and HON'BLE MR. JUSTICE T.M.NADAF - 5 - NC: 2025:KHC:23254-DB WP No. 23018 of 2023 HC-KAR ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioners-State Authorities are before this Court under Article 226 of Constitution of India questioning the legality or otherwise of order dated 19.04.2023 in Application Nos.580-587/2022 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short 'Tribunal'), where under these petitioners herein are directed to consider the representation of the respondents herein dated 23.09.2021 (Annexure-A7) for absorption/inclusion in the third respondent Department as Ashrama School Teachers. 2. Heard learned AGA Sri B.Ravindranath for the petitioners and learned counsel Sri Vijaya Kumar for the respondents. Perused the entire writ petition papers. 3. Learned AGA would submit that the respondents herein would not be entitled for mandamus as granted by the Tribunal in view of the fact that as on the date of the Tribunal's order, there was no provision for transfer or absorption in view of the amendment brought to Rule 16 of the Karnataka Civil Services (General Recruitment) Rules, 1977 (for short 'Rules, - 6 - NC: 2025:KHC:23254-DB WP No. 23018 of 2023 HC-KAR 1977') under the Notification dated 06.07.2021. Learned AGA would specifically contend that when the provision of transfer and appointment is omitted from Rules, 1977, the Tribunal ought not to have directed the petitioners to consider the representation of the respondents herein. Further, learned AGA submits that if the representation of the respondents herein is considered, the other similarly situated persons would be affected. Thus, he prays for allowing the writ petition. 4. Per contra, Sri Vijaya Kumar, learned counsel for the respondents would point out that the respondents on their appointment in the year 2007 were deputed to work as Assistant teachers in Ashrama School of the first respondent- Social Welfare Department (Tribal Welfare Department). As similarly situated teachers like the respondents were absorbed by Government Order dated 27.10.2014, the respondents also submitted representation seeking absorption in Ashrama School. Further, learned counsel would also invite attention of this Court to the approval granted by the Education Department for such absorption under letter dated 29.01.2019 - 7 - NC: 2025:KHC:23254-DB WP No. 23018 of 2023 HC-KAR (Annexure-A5). It is his submission that though the Education Department granted permission and it had no objection, the first petitioner failed to perform his duty of passing consequential order. Thus, he submits that the Tribunal is justified in issuing mandamus to consider the representation of the respondents. 5. Learned AGA would also bring to the notice of this Court the endorsement issued by the first respondent dated 03.06.2022 (Annexure-H), where under the respondents' representation was rejected. 6. Having heard the learned counsel for the parties and on perusal of the entire writ papers, we are not inclined to interfere with the impugned order passed by the Tribunal. 7. The respondents were on deputation to Ashrama School of the first petitioner from the date of their initial appointment in the year 2007. However, the Government order dated 27.10.2014 (Annexure-A8) discloses that similarly situated teachers who are on deputation from Education Department to Ashrama School of the first petitioner - 8 - NC: 2025:KHC:23254-DB WP No. 23018 of 2023 HC-KAR Department were absorbed in Ashrama School of the first petitioner. The respondents' representation seeking absorption into Ashrama School was rejected under Endorsement dated 03.06.2022. However, the said endorsement dated 03.06.2022 (Annexure-H) was not produced before the Tribunal and for the first time, the said endorsement is placed on record before this Court. Under Notification dated 06.07.2021, Rule 16 of Rules, 1977 is amended to delete appointment by transfer. Even before amendment, the Education Department had taken a decision and had given permission for respondents' absorption into Ashrama School run by the first petitioner Department, which is evident from letter dated 29.01.2019 (Annexure-A5). In the light of Annexure-A5 letter dated 29.01.2019 as well as the Government Order dated 27.10.2014 (Annexure-A8), absorbing other similarly situated teachers like that of the respondents, the petitioners-Authorities are required to consider the representation of the respondents as directed by the Tribunal. - 9 - NC: 2025:KHC:23254-DB WP No. 23018 of 2023 HC-KAR With the above observations, the writ petition stands
Decision
disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE VM List No.: 1 Sl No.: 35 CT: BHK