Karnataka High Court
Vijayadevi Shivappa Pachhapure vs The State Of Karnataka on 16 January, 2023
Bench: E.S.Indiresh
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WP No. 147389 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 147389 OF 2020 (S-RES)
BETWEEN:
VIJAYADEVI SHIVAPPA PACHHAPURE
AGE:59 YEARS, OCC: TEACHER TRAINING
INSTRUCTOR IN GOVT, PRE-UNIVERSITY COLLEGE,
BANHATTI, R/O: RABAKAVI-BANHATTI,
TAL: JAMKHANDI, DIST: BAGALKOTE
...PETITIONER
(BY SRI. SRINAND A. PACHHAPURE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF PRIMARY and SECONDARY
EDUCATION, M.S. BUILDING, BENGALURU-01
2. THE PRINCIPAL ACCOUNTANT GENERAL (A &E)
CHANDRASHEKAR
OFFICE OF THE ACCOUNTANT GENERAL (A & E),
LAXMAN
KATTIMANI
P.B. NO.5369, PARK HOUSE ROAD,
BENGALURU
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Date: 2023.01.17
10:48:32 +0530
3. THE DIRECTOR ( SECONDARY EDUCATION)
OFFICE OF THE COMMISSIONER,
DEPARTMENT OF PUBLIC EDUCATION,
M.S. BUILDING, BENGALURU
4. THE DIRECTOR,
VOCATIONAL EDUCATION DEPARTMENT,
3RD FLOOR, PRE UNIVERSITY SHIKSHAN BHAVAN,
18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM, BENGALURU
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WP No. 147389 of 2020
5. THE DEPUTY DIRECTOR
PRE-UNIVERSITY EDUCATIONAL AND
VOCATIONAL EDUCATION DEPARTMENT,
BAGALKOT
6. THE APPOINTING AUTHORITY and
DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS,
BAGALKOTE
7. THE PRINCIPAL
GOVT. PRE-UNIVERSITY COLLEGE,
BANAHATTI, TAL: JAMKHANDI,
DIST: BAGALKOTE
...RESPONDENTS
(BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR R1 TO R5)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY
QUASHING THE AWARD DATED 16.03.2017 PASSED BY THE
LABOUR COURT, BELAGAVI IN KID NO.51/2016 AND
CONSEQUENTLY BE PLEASED TO DISMISS THE KID
NO.51/2016 FILED BY THE RESPONDENT ON THE FILE OF
LABOUR COURT, BELAGAVI, THE COPY OF THE SAME IS AT
ANNEXURE-D TO THE WRIT PETITION.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the parties.
WP No. 147389 of 2020
2. It is the case of the petitioner that, the petitioner was
appointed as tailoring and embroidery part time lecturer (worker
teacher) as per the appointment order dated 03.01.1995 and it is
the grievance of the petitioner that, though the petitioner has
worked for a considerable period, the respondent-authorities have
not considered the case of the petitioner for regularization.
3. In this regard the petitioner contended that, the
condition imposed at Sl.No8 in the impugned order dated
15.02.2013 (Annexure-C) to the petition is non est and also relied
upon the judgment of this Court in W.P.No.37488/2014 disposed of
on 06.09.2017 and urged that the petitioner has put in service for
more than 18 years as part time teacher without service benefits
and therefore presented this writ petition.
4. Having heard the learned counsel appearing for the
parties and taking into consideration the factual aspects on record,
I have carefully examined that this Court in identical case in
W.P.No.104617/2016 disposed of on 12.11.2019, extended certain
benefits to the similarly placed employees of the respondents
therein.
WP No. 147389 of 2020
5. In that view of the matter, I am of the opinion that the
respondent authorities shall consider the case of the petitioner in
terms of the order dated 12.11.2019 passed in
W.P.No.104617/2016 and pass appropriate orders within an outer
limit of eight weeks from the date of receipt of copy of this order.
Sd/-
JUDGE
gab
