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2002 DIGILAW 48 (KAR)

SUNANDA PRABHAKAR BHAVANA v. MEMBER, KARNATAKA PRIVATE EDUCATIONAL APPELLATE TRIBUNAL AND PRINCIPAL DISTRICT JUDGE, BELGAUM

2002-01-18

H.L.DATTU

body2002
H. L. DATTU, J. ( 1 ) AGGRIEVED by the orders made in LA. No. 21 by the Educational appellate Tribunal in case No. KPIE 3 of 1982, dated 11-5-1994, legal representatives of late Sri Prabhakar, are before this Court. ( 2 ) THE issues raised in this writ petition lie in a very narrow compass. When Sri Prabhakar was working as a Headmaster of Sri Shivaji High school, Kadoli, Belgaum, his services came to be terminated by the school authorities. Aggrieved by the said order, Sri Prabhakar, had filed an appeal before the Educational Appellate Tribunal. During the pendency of the appeal, Sri Prabhakar, had expired. Petitioners herein who claim to be the legal representatives of late Sri Prabhakar, have filed la. No. 21 to come on record to prosecute the appeal filed by late Sri prabhakar. That application filed by the petitioners is rejected by the tribunal by its order dated 11-5-1994. Aggrieved by the same, petitioners are before this Court. ( 3 ) I have carefully perused the orders made by the learned Trial judge. The learned Trial Judge has rejected the application on the ground that, since late Sri Prabhakar had only questioned the order of his termination by the school authorities, after his death the cause of action would not survive to the applicants before him and therefore, he has rejected the application filed in I. A. No. 21. ( 4 ) LATE Sri Prabhakar's services came to be terminated by the school authorities by issuing an appropriate order. That was a subject-matter of an appeal before the Educational Appellate Tribunal. Unfortunately, the appellant who is the husband and father of the petitioners/applicants had expired. Thereafter, they have filed necessary application to come on record to prosecute the appeal. In my view, they have locus standi to come on record for two reasons namely, termination of service of an employee is a punishment for the alleged misconduct and that ipso facto casts a stigma which at least a widow and close relative of the deceased may question to vindicate the honour of the deceased person. Secondly, the lawful heirs would be entitled to any consequential monetary benefits which might accrue, if the challenge succeeds. Secondly, the lawful heirs would be entitled to any consequential monetary benefits which might accrue, if the challenge succeeds. Therefore, in my opinion, the cause of action would still survive for the petitioners/applicants to come on record in spite of the death of the appellant namely, their husband and father late Sri Prabhakar. Therefore, the order made by the learned Trial Judge on LA. No. 21, dated 11-5-1994, requires to be set aside by this Court. ( 5 ) ACCORDINGLY, the following: orderi. Writ petition is allowed. Rule made absolute. II. The impugned order made by the Educational Appellate tribunal in No. KPIE 3 of 1982, dated 11-5-1994 is set aside. III. A direction is issued to the Educational Appellate Tribunal to bring the legal representatives of late Sri Prabhakar, on record and continue the proceedings in Appeal No. KPIE 3 of 1982 from the stage it was discontinued after issuing notices to the parties to the lis. Ordered accordingly. --- *** --- .