R. RANGANATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged endorsement dtd. 12/8/2020 (Annexure-K) issued by the respondent No.2; inter-alia sought for direction to respondents 1 to 3 to grant approval for the appointment of petitioner to the post of Laboratory Attendant in the respondent No.5-College from the date of his initial appointment' so also, to release the grant-in-aid from the said date and pay all the monetary benefits including arrears of salary and such other benefits.

(2.) It is the case of the petitioner that the petitioner is working as Laboratory Attendant for more than a decade in the respondent No.5-College. The respondent No.5-College has sent a proposal to the Government for grant-in-aid of the said post, however, the said post was not considered by the respondent-Authorities and issued endorsement dtd. 22/1/2015 (Annexure-G) stating that the said post is not a Group-D post. In this connection, the petitioner has challenged the same in Appeal No.3 of 2015 before the Appellate Authority. The Appellate Authority, by order dtd. 28/7/2017 dismissed the appeal preferred by the petitioner. The petitioner has also challenged the endorsement dtd. 22/1/2015 (Annexure-G) before this Court in Writ Petition No.41646 of 2017. This Court, by order dtd. 11/12/2019 disposed of the said petition, and as such remitted the matter to respondents 1 to 3 for consideration afresh, within a period of three months. It is further averred in the petition that, despite the order passed by this Court in the aforesaid writ petition, the respondent No.2 has issued impugned endorsement dtd. 12/8/2020 (Annexure-K), stating that the Government has enforced the Karnataka Pre- University Education (Academic, Registration, Administration and Grant-in-Aid etc) Rules, 2006 and the post of Laboratory Attendant has not been included in the staffing pattern prescribed for the Private aided Pre-university Colleges under the above Rules. Being aggrieved by the same, the petitioner has filed this writ petition.

(3.) Heard Sri. Subramanya Bhat M., learned counsel appearing for the petitioner and Sri. M.S. Nagaraja, learned Additional Government Advocate appearing for respondents 1 to 3.