Karnataka High Court
The State Of Karnataka vs Smt. Pratapsingh on 6 June, 2022
Bench: Krishna S Dixit, P.Krishna Bhat
-1-
WA No. 100034 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 06TH DAY OF JUNE, 2022
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
WRIT APPEAL NO. 100034 OF 2020 (S-RES)
BETWEEN:
1. THE STATE OF KARNATAKA
REP. BY PRL. SECRETARY,
STATE OF KARNATAKA
DEPARTMENT OF EDUCATION,
M. S. BUILDING,
BENGALURU-560001
2. THE DIRECTOR
OF VOCATIONAL EDUCATION
VISVASWARIAH TOWERS,
AMBEDKAR VEEDHI,
BENGALURU-560001
3. THE COMMISSIONER
DEPARTMENT OF PUBLIC INSTRUCTIONS,
GOVERNMENT OF KARNATAKA
RODDHA ROAD,
Digitally signed by
JAGADISH T R DHARWAD-580008
Location: HIGH
COURT OF
KARNATAKA,
DHARWAD
Date: 2022.06.08
12:21:25 +0530
...APPELLANTS
(BY SRI. G. K. HIREGOUDAR, GOVT ADV.,)
-2-
WA No. 100034 of 2020
AND:
1. PRATAPSINGH
S/O. NARAYANASINGH NAVLURKAR
AGE: 66 YEARS,
OCC: RETIRED,
NEAR CHIDARNBAR ASHRAM,
HEALTH CAMP,
POST: BETAGERI,
GADAG DISTRICT-582101
2. THE PRINCIPAL
MUNICIPAL COMPOSITE PRE-UNIVERSITY,
JOB ORIENTED PU DIPLOMA COURSES,
GADAG DISTRICT-582101
...RESPONDENTS
(BY SRI. SOURABH SANDUR ADV., FOR
SRI. K L PATIL, ADV., FOR R1.,
R2- NOTICE DISPENSED WITH)
THIS WRIT APPEAL IS FILE UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON'BLE
COURT TO CALL FOR THE RECORDS IN W.P.NO.104617/2016 AND
AFTER EXAMINING THE SAME, SET ASIDE THE IMPUGNED ORDER
DATED 12.11.2019 PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO.104617/2016(S-RES) IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY, KRISHNA S DIXIT J., DELIVERED THE
FOLLOWING:
-3-
WA No. 100034 of 2020
JUDGMENT
The subject matter of this appeal is substantially
similar to the one in Writ Appeal No.100033/2020 between
the State of Karnataka vs. Yallamma Magi and others and
decided by Co-ordinate Bench of this Court on 22.12.2020.
This assertion of the respondent-employee is not disputed
by the learned Government Advocate appearing for the
appellants-State.
2. Learned Government Advocate, however,
submits that the aforesaid decision was carried to the
Apex Court in SLP (C) No.10926/2021 wherein the
following order was passed on 23.07.2021:
"Heard learned counsel for the petitioners.
Having regard to the peculiar facts and
circumstances of the case, this Court is not inclined
to interfere with the impugned order in exercise of
jurisdiction under Article 136 of the Constitution of
India.
The Special leave petitions are, accordingly,
dismissed. The question of law shall, however,
WA No. 100034 of 2020
remain open. This order shall not be treated as a
precedent.
Pending applications, if any, stand disposed
of accordingly."
3. Despite vehement submission of the learned
GA, nothing has been shown from the order of the Apex
Court as to why this Bench should not follow the decision
of the Co-ordinate Bench of this Court as granted in a
substantially similar matter under the provisions of
Karnataka Part Time Job Oriented Course Employees
Absorption Act, 2011. It is not disputed by the learned GA
that relief in terms of the Court orders has already been
granted to Smt.Yallamma Magi and others as well. That
being the position, we fail to understand as to how the
respondent can be discriminated against.
4. In the above circumstances, appeal being
devoid of merits is rejected.
WA No. 100034 of 2020
A period of three weeks is granted to comply with a
writ issued by the learned Single Judge.
Costs made easy.
Sd/-
JUDGE
Sd/-
JUDGE
YAN
