G. B. Manjula, D/o Late Bhadrappa v. State of Karnataka Department of Primary and Secondary Education
2017-02-09
G.NARENDAR
body2017
DigiLaw.ai
ORDER : Heard the learned counsel for the petitioners and learned Additional Government Advocate for respondent Nos. 1 to 4. Notice to respondent No.5 is dispensed with, in view of the relief that is hereinafter granted by this Court. 2. It is the case of the petitioners that they were all employed by respondent No.5-Educational Institution. In that, vide impugned order at Annexure – M to the Writ Petition, the grant-in-aid sanctioned to respondent No.5 – Institution came to be withdrawn and the recognition accorded by the respondents was cancelled as the institution had translocated without obtaining appropriate permission as mandated by the Acts and Rules. 3. It is the case of the petitioners that on account of the stoppage of the grant-in-aid, the Management has closed down the Institution, rendering the petitioners jobless. 4. It is contented by the learned counsel for the petitioners that as per the provisions of Rules 10, 11 and 12 of the Karnataka Educational Institutions (Recruitment and Terms and Conditions of Service of Employees in Private Aided and Primary and Secondary Educational Institutions) Rules, 1999, the respondents are required to transfer the employees of the aided Institutions to another aided Institution and that in this regard, the petitioners have submitted representations on 16.09.2016 and 06.01.2017 and the said representations are yet to be considered and disposed of. 5. The Learned Additional Government Advocate drew the attention of the Court to Annexure–S being the proceedings of the Block Educational Officer (respondent No. 4), wherein the Block Educational Officer has recommended for redeployment of the petitioners at a School in Hebbal, Bengaluru. It is seen that the respondents have initiated the process for consideration. Be that as it may. It is not in dispute that the petitioners are without any gainful employment since September 2016. Hence, in the facts and the circumstances of the case, interest of justice would be met, if a direction is issued to act in compliance with the provisions of law. Learned Additional Government Advocate would submit if some time is granted, the respondents would speed up the process which has been initiated by respondent No. 4. 6. Hence, the writ petitions are disposed of by directing respondent No.1 to consider and dispose of the representations at Annexures N & R, within a period of six weeks from the date of receipt of the certified copy of this order.