BASAVARAJA J Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER has sought for quashing the endorsement at Annexure -L dated 24.01.2012 under which the petitioner is intimated by respondent No.2 that he is not entitled for aid from the period 2007 -2008 till the date of passing of the order. A direction is also sought for by the petitioner to release the salary as per Annexure -F dated 27.07.2011.

(2.) PETITIONER is a lecturer in English. He was working in Independent P.U. College, Santapur, Taluk Aurad (B), District Bidar, since 28.08.1996 from which date he is appointed. The said college is being run by the 4th respondent institution. The said college is an aided institution. Based on certain allegations, petitioner was dismissed from service w.e.f. 20.09.2008. The order of dismissal was questioned by the petitioner before the Educational Appellate Tribunal/District Judge, Bidar, in EAT No.1/2009 which came to be allowed on 13.04.2011 as per Annexure -C. The Education Appellate Tribunal while setting aside the order of dismissal directed respondent Nos.2 and 5 therein (respondent Nos.5 and 6 herein) to reinstate the petitioner as Lecturer in English with consequential monetary benefits. The said judgment and order of the Educational Appellate Tribunal, Bidar, has attained finality, inasmuch as, the same is not questioned any further. Thus, respondent Nos.2 and 5 therein were duty bound to reinstate the petitioner and to pay all his arrears including the present pay.

(3.) SINCE the petitioner was not paid salary, he filed execution petition for executing the order passed by the Educational Appellate Tribunal. The Tribunal issued an order of attachment of properties of institution. Thus, respondent No.4 institution filed W.P.Nos.82023 -24/2012 before this Court praying for setting aside the order of attachment of properties of the institution. While issuing notice, this Court in the said writ petitions passed the interim order dated 26.06.2012 for releasing the attached property subject to respondent No.4 paying 50% of the amount due to the petitioner. Accordingly, 4th respondent paid about Rs.4,00,000/ - towards 50% of the arrears of the salary as on 24.07.2012.