IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 1131 DAY OF AUGUST 2008 BEFORE THE HONBLE MR. JUSTICE AJIT J.GUN._m WRIT PETITION No.7398/2Qo3%(S%;Reg)%%k _ - A 7 BETWEEN : M.Kumar, S / o.Madappa, Aged 45 years, And resident of Kanakapura'I'own ; _ ' Workingas = Economics, Rm'a:1"'Cc11ege; " » Bangalore I)istI'ict_.*;. '*1; ...PE'I'I'I'IONER (By Adv.) D : 'V _ 1; The state TImo"¢_;he ..to Gov€IT&3a1ent,."." « .. ' V Educafigion Qepartment, r«i.S.Bu§l(1it1gsg ~ ~ i,","»3_ar1galoI'cv# 560 001. V ' * -» é _' 2 Cotfimissioner of _ Golki-giate Education, " sshadzri Road, % A Bangazom - 560 001. 3. The Director of Collegiate Education, Seshadn Road, Bangalore ---- 560 001. 4. Regional Joint Director Of Collegiate Education, Seshadri Road, Bangalore -- 560 O0 1. 5. Rural Education Society, By its Secretary, Kanakapura, Bangalore District. Rural college.' " Bangalore Dgstgiot. » g_ j..;RESPONDENTS (By HCGP '$017' 31 9534) Trio filed under Article 226 of the I-Coiistitutioiig of, India with a prayer to quash the eI1doI:fSe11;e.11t'.iS$iiod by the R2 dated 5.5.2005 as per Amtcxflmgdd .. gv " - . . Tifis Apetition coming on for preliminary _ thisday, the Court made the following: ORDER
” fi§’he petitioner was appointed as a Substitute
4: on deputation in a vacancy in the Rural College
. at Kaflakapura for one academic year or till onefi
/
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Sri.N.Dayashankara Rao returns, whichever is earlier.
Sufiice it to say that the petitioner was appointed
Substitute Lecturer in Economics from 14.07.
31.03.1989 against the vacancy 3
Sri.N.I)ayashanka:ra Rao. After it
M.PhJ’l, the said Sri.N.Dayashanl;arlV”R,_ae
duties and the petitioners hold
came to an end. The as a
temporary Stopugapx fimn
01.07.1939 in_ gm. load which
had due of student strength and
not against or vacancy. Hence, the
petitioner was temporary teacher (Stop-»gap
c1..lo7. 1939 onwards.
Apex Court has observed that the
— – jgjxxvice of”st.i}t:h temporary teachers who had worked as
three years including the break till the day
be terminated and shall be absorbed as and
ll”\v’l1e11 regular vacancies arise.
./
/
who had worked as such for three
‘ the break shall notbe terminated and
absorbed as and when regular vacancies
~ t V p In the case on hand, it is to be noticed that
petitioner was not appointed as Temporary Lecturer
3. Mr.G.K.Narasimhamurthy, learned counsel
appearing for the petitioner submits that the
having Worked without a break for a Period of] it
years is entitled to be placed in Category-‘I it
Category–III.
4. Mnshashidhar
appearing for 1’espondents«._._.”3; to it ‘abet it the
petitioner having years
as on the question of
he being
5. I have the orders passed by
eaf1ier..w1’it petitions.
noticed that the services of a
but as a Substitute Lecturer in Economics from
/
K
-5-
14.07.1988 to 31.03.1989 as against the vacancy of
Sri.N.Dayashankara Rae, who was deputed to do
M.¥’hj1.
7. in fact lien of the petitioner on d T’ V
would cease, the moment the said _
Rao returned, which has happened d
The petitioner was appointed as
on 01.07.1939. Indeed asion the
had not completed three yeafe«.,ot’
(Stop-gap)Vvtieettnfe;;. déifiut petitioner has completed
three Indeed if the cut-off
date were to Veonsideratzion, the petitioner
«–._onv-ti… date “Vf1ad’**”not completed three years.
of the Apex Court would not be
: V’ the request of the petitioner to place
pin Cat__egoIy~I instead of Category-III cannot be
In fact that would be the tenor of the order
by the respondents, a copy of which is produced
“atdA1mex1xre ‘K’, which is impugned in this petition, /fl
,.Z.’
8. Having perused the same, I am of the View that
the question of the petitioner being placed in Categozjyfi
does not arise.
Annexure ‘K’ cannot be faulted. A
Petition stands rejected. 1
9. Mrcshashidhar ‘:I~i(ffGP
appearing for respondents’-if to file
…..