LAWS(KAR)-1981-4-28

STATE OF KARNATAKA Vs. NAZIRUDDIN KARIM SAHEB PATEL

Decided On April 13, 1981
STATE OF KARNATAKA Appellant
V/S
Naziruddin Karim Saheb Patel Respondents

JUDGEMENT

(1.) This is defendant's second appeal against the divergent findings of the Courts below.

(2.) The defendant is the Commissioner and Secretary, Department of Education, Government of Karnataka, Bangalore, by the Deputy Director of Public Instruction, Belgaum. The parties to this appeal in the course of this judgment will be referred to by the ranks assigned to them in the trial Court.

(3.) The plaintiff filed O. S. No. 331/1974 in the Court of the Principal Munsiff, Belgaum. The suit was for a declaration that he be deemed to have been in continuous service on the permanent and regular establishment and in the employment of the defendant from 29-5-1965 till he attained the age of superannuation i.e., up to 31-7-1972 and further that he be declared as a pensioner retiring from the regular and permanent establishment of the defendant. The plaintiff was permanently employed as ex-serviceman on 20-9-1947 to the post of a Primary School Teacher under the District School Board, Belgaum, (hereinafter referred to as the Board) constituted under the Bombay Primary Education Act, 1947 (hereinafter referred to as the Bombay Act). The plaintiff served in the different places in Belgaum district till 29-5-1965. He was working as an Assistant Teacher in Urdu Boy's School at Jugul, Taluka Athani. On 29-5-1965 he applied for leave, as alleged by him, supported duly by a medical certificate from the competent authorities. The plaintiff after recovery from his illness, came to know that his leave had not been sanctioned, but he sought prior permission to join duty. But, the erstwhile Board constituted under the Bombay Act neither permitted him to do so expressly nor refused such permission. In the result, he reported for duty at Jugul Urdu Boy's School on 7-8-1968. While so reporting for duty, he produced fitness certificate from the Civil Surgeon, Belgaum. The Head Master of that School permitted him to join duty and reported the same to the Board. Nearly a month and a half afterwards, he received a communication from the Head Master on 26-9-1968 relieving him of his duties in the School. Aggrieved by the same, he made several representations to the higher authorities. In the meanwhile, the various primary schools which were under the management of the Boards constituted under the aforementioned Bombay Act came to be taken over under the management of the State by virtue of the provisions contained in the Karnataka Compulsory Primary Education (Amendment and Miscellaneous Provisions) Act, 1969. On the coming into force of S. 15 of that Act, the Boards and Municipal Boards constituted under the Bombay Act came to be abolished and the employees of those Boards under the Bombay Act automatically became the employees of the new State. Sub-section (3) of S. 15 of the Karnataka Compulsory Primary Education (Amendment and Miscellneous Provisions) Act (Ordinance?) 1969.provides as follows: