Dr.Miss.Odilia Coutinho v. South Konkan Education Society

Judgment

3. South Konkan Education Society, By its Secretary, RPD College Campus, Tilakwadi, Belgaum-590006. The Regional Joint Director of Collegiate Education, Mini Vidhana Soudha, D hanvad. The Director of Collegiate Education, Sheshadri Road,

8. Bangalore-560009. The Commissioner of Collegiate Education, Technical Education Building, Palace Road, Bangalore. The Accountant General, (A & E) Karnataka, Bangalore- 56000 1. The Principal Secretary, (Higher Education) Government of Karnataka, Multistoried Building, Bangalore-56000 1. N.K.Marathe, Tilakwadi, Belgaum-590006.

Smt.A.J.Naik, Selection Grade Lecture, Respondent P.D College, Tilakwadi, Belgaum-590006. Respondents (By Shri Ravi G Sabhahit, Adv. for Ri & R8, & Shri P.H.Gotkhindi, HCGP for R2 to R6, & M/s Sachin Bichn Associates for R7) **** This Writ Petition is filed under Articles 226 & 227 of the Constitution of India Praying to direct Ri to R4 to appoint the petitioner herein as the Principal of the RPD Arts and Commerce College, Belgaum College. 3 W.P.NO.5220 OF 2008 BETWEEN Professor N.K.Marathe, Aged about 62 years, Retired Principal, R.P.D.College, Residing at Turd Cross, Bhagya Nagar, Belgaum-590006. (By M/s Sachin Bichn & Associates) AND:

5. The Principal Secretary, Higher Education, Government of Karnataka, M .S. Buildings, Bangalore-56000 1. The Commissioner of Collegiate Education, Bangalore. The Regional Joint Director, Of Collegiate Education, Dharwad. The Principal, RPD college, Tilakawadi, Belgaum. The Chairman, South Konkan Society, Talakawadi, Belgaum. (By Shri Ravi G Sabhahit, Adv. for R4 & R5, & Shri P.H.Gotkhindi, HCGP for Ri to R3) Petitioner .Respondents 4 **** This Writ Petition is filed under Articles 226 & 227 of the Constitution of India Praying to direct R2 and R3 to prepare the pension and pensionary benefits along with the period of service commencing admissible benefits for from 1.8.69 to 31.7.2004 rendered under R4 under various to the designations and to submit Accountant General of Karnataka, Bangalore with immediate effect. the pension paper These Writ petitions coming on for Hearing, this day, the Court made the following: ORDER Petitioner in W.P.No.22806/2005 has sought for a direction, directing the respondents 1 to 4 to appoint the petitioner herein as the Principal of the RPD Arts and Commerce College, Belgaum and to direct the fifth respondent to recover the salary and other benefits given to seventh respondent on being appointed as Principal. Petitioner in W.P.No.5220/2008 has sought for a direction, directing the respondents 2 and 3 to prepare the pension and pensionary benefits along with admissible benefits for the period of service commencing I 5 from 1st August 1969 to 31st July 2004 rendered under R4 under various designations and to submit pension paper to the accountant general of Karnataka, Bangalore with immediate effect. Further, petitioner has sought for quashing Annexure R passed by second respondent dated 1st January 2008 and to fix the responsibility on second respondent in withholding the pension and pensionary benefits of the petitioner which is a legal right, as guaranteed under Article 300-A of the Constitution of India and made the petitioner and his family to suffer financially and causing mental agony, etc.

2. The petitioner in W.P.No.22806/2005 was working as a Selection Grade Lecturer in Geography and petitioner in W.P.No.5220/2008 is the retired principal of South Konkan Society, Talakawadi, Belguam. Both the petitioners became seniors having put in number of years of service and both were eligible 6 for promotion to the post of Principal of the R.P.D. College Tilakawadi, Belgaum. The petitioner in first writ petition was aged about 57 years, at the time of filing the writ petition in the year 2005, who would be 64 years by now and petitioner in second writ petition was aged about 62 years at the time of filing the writ petition in the year 2008, who would be 66 years by now. It is the case of the petitioner in first writ petition that she is more qualified than the 7th respondent, Mr. N.K. Marathe, who is petitioner in the other connected writ petition. Further, is the case of the petitioner in second petition that he has retired as Principal, after attaining the age of superannuation, but his request for settling pensionary benefits considered. With this background, both petitioners felt necessitated to present these two petitions, seeking their respective reliefs, as stated supra.

3. I have gone through the grounds urged by the petitioners in both the writ petitions carefully and heard 4 7 learned Government Pleader appearing respondents 2 to 6 in W.P.No.22806/2005 and for respondents 1 to 3 in W.P.No.5220/2008.

4. After perusal of the entire material available on file, it emerges that both the petitioners are claiming that they have better qualification for being eligible to be appointed as Principal of R.P.D. College, Tilakawadi, Belgaum. The management of the said College has given promotion to the petitioner in second petition, without considering the case of the petitioner in first petition. It can be seen that, during the pendency of the writ petitions, petitioner in the first writ petition also appears to have attained the age of superannuation. Hence, the question of giving a direction to appoint her as Principal does not arise.

5. The only point in these petitions is that the Principal of the R.D.P. College has submitted all the ‘a 8 detailed particulars two petitioners forwarded the same through the South Konkan Society, Talakawadi, Belgaum, considering their entitlement of the retirement benefits. If appropriate direction is issued to that effect, it would meet the ends of justice and also safeguard the interest of both the petitioners.

6. Therefore, without going into further merits and demerits of petitioners’ case, it would be just and proper to issue appropriate direction to the Principal, R.P.D. College, Tilakawadi, Belgaum, to submit all the relevant papers in respect of these petitioners regarding settlement of their pension and consequential benefits, by way of recommendation, through the South Konkan Society, Talakawadi, Belgaum represented by Chairman, as these petitioners must have already attained the age of superannuation, as expeditiously as / “7 9 possible, at any rate, within a period of three months from the date of receipt of a copy of this order. If such recommendation is forwarded by the Principal of the College through the South Konkan Society, Talakawadi, by its Chairman or Secretary, the Commissioner of collegiate Education, Bangalore the Regional Joint Director of collegiate Education, Dharwad are directed to consider the same and decide same in accordance with law, affording reasonable opportunity of hearing to these petitioners and dispose of the same, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this order. However, it is needless to mention that these two petitioners are at liberty to submit respective consolidated detailed representations to the Principal, R.P.D. College, Tilakawadi, Belgaum, within four weeks / 10 from the date of receipt of a copy of this order, requesting the said authority to forward their papers for redressal of their grievances regarding settlement of retirement benefits including pension entitlements, if they are so advised or need arise. With these observations, the writ petitions filed by petitioners stand disposed of. SdI TUDG BMV*