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2017 DIGILAW 351 (KAR)

M. R. Ambedkar Dental College and Hospital v. Pramila M. W/o Dr. Prakash

2017-02-07

R.B.BUDIHAL, SUBHRO KAMAL MUKHERJEE

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JUDGMENT : 1. These appeals arise out of a matter pending before the Education Tribunal. 2. The respondent in these appeals, namely, Dr. Pramila M. was appointed as a Principal, allegedly on adhoc basis. When a regular Principal was appointed, she was relieved of her duties. She felt aggrieved as she felt that there has been reduction in her rank. She is, however, continuing as the head of the department of a particular department in the institution. But, the administrative powers given to her were taken away. 3. In the proceeding, which was initiated by the respondent before the Education Tribunal, the Educational Tribunal granted stay of the order resulting into an anomaly. Therefore, there are two principals one appointed by the administration and one is the petitioner before the Tribunal, who was appointed purportedly on adhoc basis. 4. We are not concerned with the difficulties of the parties, but we are concerned with the students. If two administrative heads are permitted to function in the institution, there will be problem in the administration to interact with the universities and other authorities. 5. We feel that justice will be sub-served, if we direct the Education Tribunal to dispose of M.A. (EAT) No. 1/2016 within a period of three months, without being influenced by the observation made by us or by the Hon’ble learned Single Judge. 6. During the pendency of the matter before the Tribunal, the appellant No. 2 Dr. Hemalatha M. shall continue as a Principal. Simultaneously, Dr. Pramila M. shall continue as one of the heads of the department. 7. Mr. Sajan Poovayya, learned senior advocate, in his fairness, submits that the management will pay 10% of extra payment to the respondent during the pendency of the matter before the Tribunal, subject, however, to the result of the decision of the Tribunal. 8. Mr. B.K. Mohan, learned advocate submits that salaries of Dr. Pramila M. has not been released regularly. 9. We direct the appellant to release the salary of the respondent, if not already released. 10. With the aforesaid direction, the Writ Appeals stand disposed of. 11. We make no order as to costs.