D.L. CHOWDA REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are working as Head Master, Assistant Teachers and P.E. Teacher respectively in Gnana Bharathi Higher Primary School, Munganahalli, Chintamani Taluk, Chikkaballapur District. The prayer in the writ petitions is for a mandamus directing the respondents to take into account the services of the petitioners from the date of their initial entry i.e., from the date of appointment, instead of from the date their posts were admitted to grant-in-aid i.e., for the purposes of computing the pay-scale, seniority and other consequential service benefits. The object of issue of writ of mandamus is to compel performance of a legal duty. A mandamus will be issued to a person aggrieved who approaches the Court, if he makes out (i) existence of a legal right in him and a corresponding obligation on the respondent to perform a legal duty and (ii) refusal, either express or implied, by the respondent to perform such duty, in spite of a demand. Where a petition seeking mandamus is not preceded by demand for performance of a legal duty, the Court cannot entertain such a petition.

(2.) In the case of Commissioner of Income-tax, Bombay Vs. Scindia Steam Navigation Co. Ltd., 1961 AIR(SC) 1633 the Apex Court held as follows:

(3.) In Union of India Vs. Binny Ltd., 1990 ILR(Kar) 1297, it has been held as follows: