SRI YAMANAPPA SANGAPPA S/O SANGAPPA v. THE STATE OF KARNATAKA
WP/102779/2024 · 2025-02-17
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5238 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5238 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC-D:3144 WP No. 102779 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102779 OF 2024 (S-RES) BETWEEN:
SRI YAMANAPPA SANGAPPA S/O SANGAPPA AGED ABOUT 52 YEARS, ATTENDER, DR. B.R. AMBEDKAR PROUDHA SHAALE, AMARAVATHI, HUNAGUND TALUK, BAGALKOTE 587118. …PETITIONER (BY SRI. R.P. SOMASHEKARAIAH, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA EDUCATION DEPARTMENT, M.S. BUILDING, BENGALURU 560001, REP BY ITS SECRETARY.
2.
THE COMMISSIONER, EDUCATION DEPARTMENT, COLLEGE ROAD, MALL MADDI, DHARWAD 580001.
3.
THE DEPUTY DIRECTOR, PUBLIC INSTRUCTIONS DEPARTMENT, BAGALKOTE, BAGALAKOTE DISTRICT 587101.
4.
THE BLOCK EDUCATION OFFICER, HUNAGUND TALUK, HUNAGUND, BAGALKOTE 587118.
5.
THE PRESIDENT DR. B.R. AMBEDKAR PROUDHA SHAALE, AMARAVATHI, HUNAGUND TALUK, BAGALKOTE 587118.
6.
THE HEAD MASTER, DR. B.R. AMBEDKAR PROUDHA SHAALE, AMARAVATHI, HUNAGUND TALUK, BAGALKOTE 587118. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R4;
NOTICE TO R1 & R6 IS HELD SUFFICIENT)
VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.02.19 10:32:34 +0530
- 2 -
NC: 2025:KHC-D:3144 WP No. 102779 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO TAKE IMMEDIATE FORTHWITH STEPS TO TRANSFER/DEPUTE THE PETITIONER TO ANY OTHER INSTITUTION/SCHOOL/OFFICE AND TO PAY THE SALARY OF THE PETITIONER FROM JANUARY 2024 TILL TRANSFERRING/DEPUTING THE PETITIONER TO ANY OTHER SCHOOL/OFFICE, BY CONSIDERING THE LETTER DATED 20/3/2024 IN NO.2/940/YA.SAM./DOORU/VARADI/KURITHU/2023-24/1878 SUBMITTED BY THE RESPONDENT NO.4 UNDER ANNEXURE-K, TO THE WRIT PETITION.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following prayer:
“a) Issue Writ in the nature of mandamus directing the Respondent No.3 to take immediate forthwith steps to transfer/depute the petitioner to any other institution/ school/ office and to pay the salary of the petitioner from January 2024 till transferring/deputing the petitioner to any other school/office, by considering the letter dated 20/3/2024 in No.2/ 940/ YA. SAM./ DOORU/ VARADI/ KURITHU/2023-24/1878 submitted by the respondent No.4 under Annexure-K, to the writ petition. b) Issue such other order or direction as may be deemed fit to grant in the circumstances of the case.”
2. Heard the
learned counsel Sri.R.P. Somashekaraiah appearing for petitioner and the learned
- 3 -
NC: 2025:KHC-D:3144 WP No. 102779 of 2024
AGA Sri.Sharad V.Magadum appearing for respondents No.1 to 4.
3. The petitioner is appointed as an attender in the respondent No.6-School on
25.06.2016. It is his submission that the Management has grievance against him and therefore is meeting out such torture, particularly from respondent No.5, and has complained against the respondent No.3, the Deputy Director of Public Instructions.
4.
Learned counsel for the petitioner submits that the representation is not considered and therefore it requires consideration to save the rights of the petitioner.
5. Learned AGA would submit that if reasonable time is granted, the representation would be considered, strictly in accordance with law.
6. Therefore, without going into the merit of the claim of the petitioner, I deem it appropriate to dispose the petition, with a direction to the respondent No.3 to consider the representation of the petitioner and pass necessary orders, in accordance with law, within an outer
- 4 -
NC: 2025:KHC-D:3144 WP No. 102779 of 2024
limits of twelve weeks from the date of receipt of copy of the order, if not earlier. Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
RHR/CT-VP LIST NO.: 1 SL NO.: 27