H SRINIVASA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions though listed for preliminary hearing, with the consent of the learned counsel for the parties are finally heard and disposed of by this order.

(2.) Petitioners are teachers appointed to serve in the Grace Public. School managed by Grace Education Trust (R), Bommanakatte, Bhadravathi taluk, Shimoga District, established during the year 1987-88 and extended recognition by order dated 3.2.1996 to commence a primary school with Kannada as the medium of instruction, Annexure-A. Petitioners claim to have been appointed against clear vacancies to sanctioned posts after following due process of recruitment and selection and reported to duty on 24.10.2008, 23.10.2008, 30.10.2008 and 30.10.2008, respectively. Their appointments were approved by the 4th respondent-Deputy Director, however without aid by order dated 4.9.2010 Annexure-B. The employer M/s. Grace Education Trust is said to have made a representation to the State to approve the appointment of the petitioners as teachers with aid in terms of the Grant-in-aid Code. The Education Department consisting of respondents are said to have conducted a spot inspection and submitted a detailed report recommending admission of the Institution to salary grant. According to the petitioners, a Committee headed by the DDPI, 4th respondent, a report when forwarded, the 2nd respondent recommended that the petitioners appointments be approved with aid by communication dated 2.8.2011 Annexure-C which when considered by the 1s respondent issued an Order dated 28.9.2012 Annexure-D approving the petitioners appointment with aid entitling the petitioners to receive salary from the 1st respondent.

(3.) Petitioners having eagerly awaited payment of salary eversince 28.10.2012, when not paid the salaries, 3rd respondent-Director of Public Instructions is said to have, by communication, dated 15.11.2002, addressed to the 4th respondent-Deputy Director, directed, withholding of salary Annexure-E. Sequentially the 4th respondent is said to have addressed a letter to the 5th respondent not to take any further steps pursuant to the approval of the appointment of the petitioners with aid, by order dated 28.9.2013 by forwarding a communication dated 24.12.2013 Annexure-F. Hence this petition.