.1.
N THE F-HGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED T!-HS THE 23"' DAY OF JULY, 2008
: BEFORE:
THE HON'BLE MR. JUSTICE N.K. PATIL
W.P.N0. 49033 of 2093 (S-RES) j "
BETWEEN:
SMIANITA LiLLlAN
WIORAJABHUSHANAM EPAUL, . _ .
AGED Aaour 39 YEARS, ' _
PRE$ENTLY womme AS ASSJSTANT TEACHER
am UNN MEMOREAL HKSHER PRMARY SCHOOL, _
OPP.R.-MLWAY smnow, . .
GULBARGA. V L
%
(BY SRLVEERESH 3.PATu.j,"A.pvoq;Afé.) T V V
AND:
1. THE 513372 OF'KARN£x-TAi<A ' __
Rapasseismsca B'x'V.lTS~--$ECRE_TA£'eza}x::La:rto:saAL coisétiéfiiéstowea
go
. T FQR PUBLIC .iN3TRUCTiQN3
~Eaus:,ATIprwE,PARTMENT,
T:%E DEPLlTY}Dil§ECTOR os= PUBUC NSTRUGTION
. GU'L8AFiGA'BISTRlCT,
V GULBARGJ-\
-.1' 3. T j .. rHEsL<j§<:K EDUCATION omcea,
_ 'DEPARTMENT CJF PUBLIC INSTRUCTKJN,
" . GULBARGA (SOUTH) TALUK,
GULBARGA.
V' ' ' -._ af "THE HEAD MSTRESS,
' » .. . ' {ANN MEMORW. KANNADA HIGHER PRIMARY SCHOOL,
-3-
netificafion dated 7.4.2096, petitioner has been declared
as excess teacher and she has been transferred.--to
another school. Subsequentiy, thereafter, enothfjer_f--v_'
notification has been issued on 21.1.2003 holdin9:"ie'liiA
the teachers who were trmted as eiicees it
year 2006 and who were transferred::'*to'
should be reverted back to their *p_aren.t
and accordingly, petitioneHr~i~.hae'iBeen .1_rei'ieved'vv'Aand she
has joined the respondentsch'ool'A'b~:on'--V" 11.2.2003.
lnspite of her endi bill regarding
payment of her 2008 till as on the
date of fiiing–« request has not been
ner the”se~%ary has been released to her.
Therefoi’e’,fshe’VVi€as constrained to give representation on
ii-isnnexure~N. The said representation
‘ petitioner has been neither considered nor
4’_’e.nyV_i:i’eei’sion has been taken by me respondents-3 and 4
in View of inec’ n the part of respondents-3
..4..
and 4, petitioner was constrained to approach this Court
by presenting this writ petition seeking appropriate relief,..____
3. l have heard learned counsel appearing?
petitioner and learned Additional Government
appearing for respondents-1 to 4.
4. Learned Additional; Gavernrnent
appearing for respondents-1 to eirbrnitted
fi1at, the representation VA by» petitioner ‘dated
4.6.2008 vide Annexur:e«:-‘l*-lv:..fwillv*– and
appropriate det:ieionii’;i_rgI_i;ll be rai<en._'ir;if4'aecordance with law,
if not already conai*d.er_ed faker: any decision.
5. in ‘the iighfoi’ made by learned
–Additienial’v: Governnient: Advocate appearing for
Vres’p.enden%’e-1 without exprmsing any epinien on the
meriieand of this case, it would suffice for fiwis
if” appropriate directions are issued to ‘H16
*–reependents -3 and 4 to consider the representation
‘j:’e-obniifled by petitioner dated 4.6.2008 vide Annexure-N.
/are
-5-
6. Having regard to the facts and circumstances of
the case as stated above, the writ petition flied by
petitioner is disposed of, with a direction
respondents-3 and 4 to consider the reprfeseintsjtiort it
submitted by petitioner dated
and dispose of the same, as expeditiousiy as
any rate, within a period of four from dste of
receipt of a copy of this considered
and disposed of. %
With theifurritiipetifion filed by
petitioner stands * i ”
Learned’ Advocate is
to;fi!e_ cisppearsnce for respondents–1
frcm today.
Sd/-
Judge