R. RAJASHEKARAIAH S/O SRI RUDRAPPA Vs. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT(2) PRIMARY AND SECONDARY EDUCATION M.S. BUILDING, DR. AMBEDKAR VEEDHI BANGALORE 560 001 AND OTHERS

JUDGEMENT

(1.) ALL these petitioners have called in question the endorsement dated 31.12.2011 issued by respondent No. 4 produced at Annexure 'W'. The case of the petitioners is that, respondent No. 6 Management started an institution called "Sri Krishna Vidya Kendra Kannada Medium Primary School" at Nelamangala, Bangalore Rural District. Since these petitioners had requisite qualification, they were all appointed by respondent No. 6 - Management. Respondent No. 5 recognized the said School by order dated 11.10.1999. The strength of the students was 147 during the academic year 2004 -05. However, respondent No. 6 - Management claimed that the entire Institution was gifted to the Government on 01.03.2005. These petitioners came to know about the said transfer when it was published in a local daily news paper and as such, they approached the management as against the transfer of the Institution.

(2.) RESPONDENT No. 5 - authority orally informed the petitioners that they will not be allowed to work after 08.04.2005 and an undertaking was also sought from the petitioners to the effect that they were voluntarily leaving the Institution and there were no dues from respondent No. 6 Management. In these circumstances, there was a threat of removal of the petitioners from service and they filed a writ petition in W. P. No. 12426/2005. Initially, this Court granted an interim order on 15.04.2005 directing the respondent - State not to make any permanent appointments -to the posts as against which the petitioners were working in the Institution. However, this Court by order dated 13.09.2005, disposed of the writ petition directing the respondents to take suitable action to examine the claim of each of the petitioners regarding their employment in the erstwhile management and if it was found that they were engaged by the management: of the School as prior to its taking over, they shall be continued in service on the same terms and conditions that governed their services under the erstwhile management.

(3.) PETITIONERS gave a representation on 17.09.2011, which was received by respondent No. 4 on 19.09.2011. Despite the observations made by the Division Bench, the services of these petitioners were not regularized by the state in the Institution taken over by it and as such, the petitioners being aggrieved by the endorsement dated 31.12.2011 produced at Annexure 'W', have once again filed these writ petitions