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2025 DAILYLAW 29330 (KAR)

SRI N SHANTHAVEERAPPA v. THE STATE OF KARNATAKA

WP/16795/2023 · 2025-01-16

S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC:1598 WP No. 16795 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.16795 OF 2023 (S-RES) BETWEEN: SRI. N. SHANTHAVEERAPPA S/O N. VEERAPPA, AGED ABOUT 67 YEARS, RETIRED ASSISTANT TEACHER, BVN HIGH SCHOOL, DEVASANDRA, K.R.PURAM, BENGALURU, R/O NO.96, VIJAYA BANK COLONY, 2ND CROSS, GAYATHRI EXTENSION, BASAVANAPUR MAIN ROAD, K.R.PURAM, BENGALURU-560 036 …PETITIONER (BY SRI. BASAVARAJA PATEL G.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S. BUILDING, BENGALURU - 560 001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS AND APPELLATE AUTHORITY, NRUPATUNGA ROAD, BENGALURU 560 001 3. THE DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS (PRIMARY AND SECONDARY EDUCATION), Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1598 WP No. 16795 of 2023 NRUPATUNGA ROAD, BENGALURU 560 001 4. THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS BENGALURU (SOUTH), KALASIPALYA, BENGALURU 560 002. 5. BLOCK EDUCATION OFFICER, DEPARTMENT OF PUBLIC INSTRUCTIONS, BENGALURU SOUTH ZONE-4, K.R. PURAM, BENGALURU-560 036. 6. THE SECRETARY, SRI. VENUGOPALSWAMY VIDYADATTI (R), DEVASANDRA K.R. PURAM, BENGALURU -560 036. 7. THE HEAD MASTER, BHARATHIYA VIDYANIKETHANA HIGH SCHOOL, DEVASANDRA K.R. PURAM, BENGALURU 560 036 …RESPONDENTS (BY SRI. V.SHIVAREDDY, AGA FOR R1 TO R5; SRI. MANUKUMAR B.T., ADVOCATE FOR SRI. M.N. MADHUSUDHAN, ADVOCATE FOR R6 AND R7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 22.06.2023 IN NO.BVNHS.012/2023-24 ISSUED BY THE R6 VIDE ANNEXURE-P THE SAME IS ARBITRARY, ILLEGAL AND CONTRARY TO LAW AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:1598 WP No. 16795 of 2023 CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER The petitioner claiming to be retired Assistant Teacher of 7th respondent, Educational Institution, is before this Court, questioning the Endorsement Bearing No.BVNHS:012/2023-24 dated 22.06.2023 (Annexure-P), whereby 6th respondent rejected the request of the petitioner for grant of 25 and 30 years increment, E.L. encashment, group insurance amount along with interest. 2. Heard Sri. Basavaraja Patel.G.K., learned counsel for the petitioner and Sri. V.Shivareddy, learned Additional Government Advocate for respondent Nos.1 to 5 as well as Sri. Manukumar.B.T., learned counsel for Sri. M.N.Madhusudhan, learned counsel for respondent Nos.6 and 7. Perused the writ petition papers. 3. Sections 130 and 131 of the Karnataka Education Act, 1983 (for short '1983 Act') provides for filing of an appeal and revision. The petitioner is provided with an alternative remedy under the said provisions. When an alternative remedy - 4 - NC: 2025:KHC:1598 WP No. 16795 of 2023 is provided, normally this Court would not entertain the writ petition under Article 226 of the Constitution of India. 4. The impugned endorsement issued by the 6th respondent is appealable under Section 130 of the 1983 Act. 5. In view of the above circumstances, the writ petition stands disposed of with liberty to the petitioner to avail alternative remedy under the Karnataka Education Act, 1983. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 4