J K JAIN Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) THOUGH this petition is listed for preliminary hearing in "b" group, the same is heard finally by consent and disposed off by this order.

(2.) THE petitioner has preferred this writ petition for a writ of certiorari for quashing the order dated 7-11-2000 passed in Appeal No. 72 of 2000 (HE) by the second respondent.

(3.) THE petitioner challenged the action of the first respondent denying counting of service prior to regular appointment for pay fixation and other benefits in W. P. No. 21655 of 1992. This Court by its order dated 13-11-1997 disposed off the writ petition reserving the liberty to the petitioner to make a proper representation before the State Government and the Director of Collegiate Education requesting them for continuity of service for the purpose of seniority, pay fixation and such other benefits with effect from the date of his initial appointment as has been done in the case of lecturers appointed in Government colleges. Accordingly, the petitioner made a representation dated 15-4-1998 as per Annexure-C to the first respondent. The first respondent issued an endorsement dated 28-7-1998 rejecting the claim of the petitioner as per Annexure-D. Aggrieved by the said order of first respondent, the petitioner preferred an appeal under Section 130 of the Karnataka Education Act, 1983. The petitioner also filed an application explaining the reasons for delay in preferring the appeal along with the memorandum of appeal. The second respondent-Appellate Authority by a cryptic order without considering the application for condonation of delay passed the impugned order on the ground that it is barred by time. It is this order which is challenged in this writ petition.