JAVALI V K Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner, who was the Joint Director of Public Instruction, has since retired during the pendency of this writ petition. The facts and circumstances which have led to this writ petition, briefly stated, are as follows.

(2.) The petitioner who was in Bombay educational Service was confirmed in September, 1951 in class I (Administrative Branch) of that service. In July, 1953, while he was occupying the post of the Educational Inspector, Dharwar, he made a speech, in consequence of which he was placed under suspension and disciplinary proceedings were taken by the Government of Bombay. As a result of those proceedings, the Government of Bombay passed an order in October, 1954 directing

(3.) On 12 November, 1954, the petitioner was further informed by the Government of Bombay that his full pay during the period of suspension would not be granted. Consequent on the reorganization of the States, the petitioner, who, at that time, was a Professor of Education in S.T. College, Belgaum, was allotted to the State of Mysore. He continued to hold post till 16 October, 1957 when by the Government notification (as per annexure O) dated 16 October, 1957, he was, on an officiating basis, posted as Deputy Director of Public Instruction, Chitaldrug Division. (In the meanwhile all the steps which the petitioner had taken to have set aside the punishment which had been imposed upon him by the State of Bombay, had proved unsuccessful) In November, 1959, the petitioner filed a petition under Art, 32 of the Constitution in the supreme Court challenging the validity of the order of punishment which had been imposed by the State of Bombay, on the ground that it operated as an unreasonable restriction on his fundamental right of freedom of speech; there were also other grounds which had been urged in that petition, against the validity of the said order. That was in Write Petition No. 55 of 1960 on the file of the Supreme Court [vide 1962 - I L.L.J. 134]. That write petition was decided in favour of the petitioner in August, 1961 (as per annexure Y) and the Supreme Court set aside the order of punishment which had been passed by the erstwhile Government of Bombay. By its order dated 2/3 January, 1962 (annexure F), the government of Mysore directed that, in view of the judgment of the Supreme Court quashing the order of punishment which had been passed by the Government of Bombay, the withheld increment of the petitioner be restored and that "he be deemed to have been promoted on an officiating basis" as Deputy Director of Education, ex-Bombay State, with effect from 22 June, 1954 till the date of reorganization and as Deputy Director of Public Instruction thereafter until further orders. By a notification (annexure G) dated 2 January, 1962, the petitioner was promoted temporarily as Joint Director of Public Instruction vice Vasudevayya (responded 2) who (till then was a temporary Joint Director) was appointed as Additional Joint Director of Public Instruction vice Sivaram (respondent 3) who was reverted as Deputy Director of Public Instruction vice the petitioner. The fact of the petitioner having made several representations to the Government and the details of the relief prayed for by him have been set out in Para. 12 of his affidavit.