M T MANJUNATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner who is working as a Lecturer in Economics under the 2nd respondent ? Management has approached this Court beingaggrieved by the order passed by the 1st respondent dated 31. 1. 2000 in Petition No. 100/2000.

(2.) ACCORDING to the petitioner, the 2nd respondent is an aided institution and his appointment has been approved by the 1st respondent also. As the salary payable to him was not paid in accordance with the UGC Scale, he approached the 2nd respondent ? Management to pay the same. As the petitioner?s request was not considered by the 2nd respondent by invoking Section 133 of the karnataka Education Act, 1983, the petitioner presented a petition in petition No. 100/2000 which petition has been disposed of by the 1st respondent as per Annexure ?b? to the Writ Petition dated 31. 01. 2001 which reads as hereunder:

(3.) THIS order is called in question in this Writ Petition. According to the learned Counsel for the petitioner, the Principal Secretary to the Government Education Department, without hearing the petitioner invoking Section 133 (2) has directed the petitioner to approach the management once again, when his grievance is against the management. According to him, as the management did not consider the case of the petitioner, the petitioner had approached the government and the Government, without giving effect to the spirit of Section 133 (2), in a mechanical way, has directed the management to consider the issue. Therefore, he contends that the order is passed without application of mind and without understanding the provisions of Section 133 (2) of the Karnataka Education Act, 1983.