Jagadevi S. Hiremath vs The State Of Karnataka And Ors
2024 Latest Caselaw 6405 Kant

Karnataka High Court

Jagadevi S. Hiremath vs The State Of Karnataka And Ors on 4 March, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                                 -1-
                                                   NC: 2024:KHC-K:1934-DB
                                                            WA No.200029 of 2024




                                 IN THE HIGH COURT OF KARNATAKA
                                        KALABURAGI BENCH

                              DATED THIS THE 4TH DAY OF MARCH, 2024

                                              PRESENT

                           THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                                AND
                               THE HON'BLE MR. JUSTICE K V ARAVIND

                              WRIT APPEAL NO.200029 OF 2024 (S-TR)

                      BETWEEN:

                      SMT. JAGADEVI S. HIREMATH
                      D/O SRI SHIVABASAYYA B. HIREMATH
                      AGED ABOUT 57 YEARS
                      OCC: ASSOCIATE PROFESSOR (MATHEMATICS)
                      R/O H.NO.2-491 JAGATH,
                      KALABURAGI.
                                                                     ...APPELLANT
                      (BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA
Digitally signed by
VARSHA N                   REPRESENTED BY ITS SECRETARY
RASALKAR
Location: HIGH
                           COLLEGIATE EDUCATION
COURT OF                   UNNATHASHIKSHNA SOUDHA
KARNATAKA
                           SESHADRI ROAD
                           BENGALURU - 560 001.

                      2.   THE COMMISSIONER
                           DEPARTMENT OF COLLEGIATE AND
                           TECHNICAL EDUCATION
                           BENGALURU - 560 001.

                      3.   THE JOINT DIRECTOR OF
                           COLLEGIATE EDUCATION
                           KALABURAGI
                           DISTRICT KALABURAGI - 585 101.
                              -2-
                               NC: 2024:KHC-K:1934-DB
                                     WA No.200029 of 2024




4.   THE PRESIDENT
     H.K.E. SOCIETY
     KALABURAGI - 585 101.
5.   THE PRINCIPAL
     M.S.I. DEGREE COLLEGE
     KALABURAGI - 585 101.
                                              ...RESPONDENTS
(BY SRI VIRANGOUDA M. BIRADAR, AGA FOR R1 TO R3;
    SRI AMARESH S. ROJA, ADVOCATE FOR R4 & R5)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURTS ACT, PRAYING TO SET ASIDE THE
ORDER DATED 07.02.2024 PASSED BY THE LEARNED SINGLE
JUDGE OF THIS HON'BLE COURT IN W.P.NO.202975/2023 (S-
TR) AND CONSEQUENTLY ALLOW THE WRIT PETITION FILED
BY THE APPELLANT IN TOTO AND ETC.

     THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY
H.T.NARENDRA PRASAD J., DELIVERED THE FOLLOWING:

                         JUDGMENT

In this appeal, the appellant has challenged the order

passed by the learned Single Judge in

W.P.No.202975/2023 dated 07.02.2024 whereby the Writ

Petition was dismissed as not maintainable.

Learned counsel for the appellant submits that as per

the transfer order, the appellant has reported to the duty

on 01.03.2024 and requested the respondent-

Management to treat the period from 12.10.2023 to

NC: 2024:KHC-K:1934-DB

29.02.2024 as earned leave. The respondents have

refused the same and treated the period as leave without

salary.

At this juncture, learned counsel for the

Management, has submitted that the Management has

agreed to treat the said period as earned leave.

The submission of the learned counsel for respondent

- Management is placed on record.

In view of the submission, the Writ Appeal is

disposed of.

In view of the disposal of the appeal, pending IAs.,

stand disposed of accordingly.

Sd/-

JUDGE

Sd/-

JUDGE VNR

Ct;Vk