APPANNA TALAWAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed by 16 persons with a common prayer, i.e., is to issue a writ of mandamus directing the respondent - State Government to consider their representations dtd. 4/10/2021 and to direct the respondents to fill up of the backlog vacancies in favour of the candidates belonging to the scheduled castes, scheduled tribes and backward classes.

(2.) During the course of these proceedings, this Court noticed that the Cabinet Sub-committee had already issued certain directions following its meeting dtd. 29/1/2022 for filling up the backlog vacancies. When it was noticed that the Finance Department had placed certain restrictions in the matter of filling up of the backlog vacancies, the Cabinet Sub-committee had also directed the Finance Department to withdraw the sanctions against filling up of backlog vacancies. Therefore, this Court had called upon the Additional Chief Secretary, Finance Department to file an affidavit as to the action taken consequent to the directions issued to the Cabinet Sub- committee. Accordingly, the Chief Secretary to Government, Department of Finance, Sri I.S.N.Prasad has filed an affidavit dtd. 4/7/2022 stating that there are 9 files received in the Finance Department seeking to fill up 594 backlog posts and the Finance Department has concurred in all the cases. It is stated in the affidavit that all recruitments (including backlog vacancies) were stoped due to the financial crisis on account of Covid-19 pandemic in the year 2020 and further the deteriorating fiscal position of the State due to multiple factors like ending of GST compensation, increasing debt service liability etc. However in respect of filling up of backlog vacancies, it is stated that the Finance Department is approving the same as per the directions of the Cabinet Sub-committee. It is also stated that in the matter of filling up the backlog vacancies in Aided Educational Institutions, the Finance Department had recommended that such posts shall be filled if the criteria including sufficient enrolment of students and workload, satisfactory results and valid recognition/affiliation from the competent authorities are fulfilled.

(3.) In view of the affidavit filed at the hands of the Additional Chief Secretary, Finance Department and affidavit filed earlier by the Secretary to Government, Social Welfare Department on 25/6/2022, this Court is of the considered opinion that the respondent-State Government has responded positively to the grievance of the petitioner.