MEDHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner filed the present writ petition against the Order dated 30.07.2020 passed in Application No.5524/2014 on the file of the Karnataka State Administrative Tribunal, Bengaluru, rejecting I.A.Nos.3/2018 and 4/2018, both filed under Section 22 of the Administrative Tribunals Act, 1985, praying to direct the respondents to restore the Application No.5524/2014 which was allowed on 19.07.2017, and to direct the respondents to pay the back wages as prayed in prayer No.2 of Application No.5524/2014, respectively.

(2.) It is the case of the petitioner that she was appointed as alecturer in 3rd respondent-College on 27.01.2010 under scheduled caste category viz., Moger. The Tahsildar, Hubballi, by the Order dated 17.12.2013 cancelled the caste certificate of the petitioner, based on which, the petitioner was dismissed from service vide Order dated 26.06.2014 on the ground that the petitioner has obtained the post of lecturer on the basis of a fake caste certificate. The said order of dismissal was subject matter of Application No.5524/2014 before the Karnataka State Administrative Tribunal, Bengaluru, ( Tribunal for short) which came to be allowed by the Order dated 19.07.2017, setting aside the Order of dismissal dated 26.06.2014 directing the 2nd respondent to reinstate the petitioner to duty within a period of two months, without fail. It was also observed that the petitioner is entitled to all consequential benefits inclusive of seniority, notional fixation of pay and monetary benefits, if any. The said order dated 19.07.2017 passed in Application No.5524/2014 reached finality, since the State Government has not filed any appeal challenging the said order.

(3.) When things stood thus, unfortunately, on the wrong advise, the petitioner filed I.A.No.3/2018 seeking to restore Application No.5524/2014 and I.A.No.4/2018 praying to direct the respondents to pay the back wages. The Tribunal, by the Order dated 28.11.2018, rejected the applications. Aggrieved by the said Order, the petitioner approached this Court in W.P.No.109902/2019, which came to be disposed off by the Order dated 10.10.2019 quashing the Order dated 28.11.2018 and remitting the matter to the Tribunal, to decide the applications afresh, by a speaking Order, within a period of two months, holding that the Tribunal has not assigned any reasons while rejecting the claim of the petitioner for back wages. The said Order dated 10.10.2019 passed by this Court in W.P.No.109902/2019 has reached finality, since the State has not filed any Appeal.