B. CHANDRASHEKARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, order dated 23.06.2020 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short 'Tribunal') in Application No.1783/2020 (Annexure-F) is assailed by the petitioner and has prayed for quashing of the same.

(2.) Third respondent herein filed an Application No.1783/2020 before the Tribunal for quashing of the order bearing No.Ka.Shi.E/85/Prabhara/2017-18/Va. & Ni. dated 29.05.2020 (Annexure-A1) whereunder writ petitioner who was working as Principal on OOD in Government First Grade College, Vijayanagar, came to be posted as in-charge Principal, Government RC-College for Commerce and Management (for short RC-College) and he also sought for a direction to respondent Nos.1 and 2 to place him (applicant) as in-charge Principal of Government R.C. College of Commerce and Management (for short 'RC-College').

(3.) In the year 2018, petitioner came to be posted as in-charge Principal of RC-College which was challenged by one Dr.Syed Yousuff before the Tribunal in Application No.6160/2018, which order of posting came to be set aside by the Tribunal on 04.02.2019 with a direction to appoint said Dr.Syed Yousuff as Principal of RC-College. On his attaining the age of superannuation, Dr.Syed Yousuff retired from service on 30.05.2020 and said post having become vacant, petitioner came to be repatriated from Government First Grade College, Vijayanagar, where he was working and was appointed as in-charge Principal of RC-College by order dated 29.05.2020 and he took charge on 30.05.2020. It is this order dated 29.05.2020 (Annexure-A1) passed by second respondent which came to be challenged by third respondent herein before the Tribunal. On service of notice, respondents appeared and respondents-1 and 2 filed their counters and after considering rival contentions raised by the respective learned Advocates, tribunal has allowed the application on the ground that: