LAWS(KAR)-2023-7-946

M. SUJATHA Vs. STATE OF KARNATAKA

Decided On July 03, 2023
M. Sujatha Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) In this writ petition, the petitioner is assailing order dtd. 7/1/2021 (Annexure-AG) issued by the Deputy Director Public Instructions, Bengaluru; order dtd. 27/8/2021 (Annexure- AJ) issued by the respondent No.5-Block Education Officer inter-alia sought for direction to the respondents 1 to 5 to accept the proposal sent by the respondent-Management and to approve the promotion of the petitioner granted on 31/8/2016 (Annexure-E).

(2.) It is the case of the petitioner that, the petitioner was appointed as Assistant Teacher at Sri Vishweshwaraswamy High School, Kengeri Upanagra, Bangalore, run by a Charitable Trust. Appointment of the petitioner was approved without aid by order dtd. 7/10/1987 by the respondent No.3, and as the above Institution was brought under the provisions of grant-in- aid, the appointment of the petitioner was approved by the respondent-authorities with aid on 27/1/1988. It is further stated in the writ petition that, the petitioner who was working with Sri Vishweshwaraswamy High School at Kengeri, was transferred to Basaveshwara Composite Pre- University College, Bangalore, run by respondent No.6- Management, as per Annexure-D to the writ petition. Thereafter, the petitioner was transferred from the aforementioned Composite College to Basaveshwara Boys High School, Rajajinagar, Bangalore, and thereafter, promoted to the post of Head Mistress, being a Senior Most Teacher in the said high school as per order dtd. 31/8/2016 (Annexure-E). Respondent No.6-Management has taken note of the petitioner's over all seniority in the respondent No.6-Institution, sent a proposal to the respondent-authorities on 6/3/2017 for approval. In the meanwhile, a complaint has been lodged by an organization with respondent No.4, challenging the promotion the petitioner and in this connection respondent No.4 issued impugned letter dtd. 7/1/2021 (Annexure- AG) and consequential order of returning the proposal sent by the Institution for approval of the post of the petitioner as Head Mistress in the respondent-Institution. Feeling aggrieved by the same, the petitioner has presented this writ petition.

(3.) I have heard Sri Srikanth M.P., learned counsel appearing for the petitioner and Sri N.Kumar, learned Additional Government Advocate appearing for the respondent-State.