H G MADAIAH Vs. N C SATYAJI RAO

JUDGEMENT

(1.) The petitioner challenges the order, dated 20-9-1991 of the Educational Appellate Tribunal, Bangalore city passed in M.A. (EAT) 32 of 1988 vide Annexure-G to the petition and has further prayed for quashing the order, dated 30-9-1991 passed by the second respondent herein reverting the petitioner, vide Annexure-H and to issue a writ of mandamus directing the second respondent to promote the petitioner retrospectively and continue him in service as Head Master of APS Rural High School, Somanahalli run by the second respondent herein.

(2.) The petitioner belongs to the Scheduled Caste. In the year 1981 he was appointed as the Assistant Master in the above High School run by the second respondent at Somanahalli. As per Annexure-B, dated 23-3-1988, he was promoted as officiating Head Master and posted to APS Boys High School, Bangalore, with effect from 31-3-1988. The said promotion was made pursuant to the vacancy occurred on the superannuation of Sri S. Keshava Rao, who was the Head Master of APS Boys High School, Bangalore. Pursuant to Annexure-B, the petitioner took charge as Head Master and thereafter he was transferred to APS Rural High School, Somanahalli as Head Master where he worked in that capacity till the date of the impugned order vide Annexure-G.

(3.) Peeling aggrieved by the order of promotion vide Annexure-B, the first respondent herein filed M.A. (EAT) 32 of 1988 before the Educational Appellate Tribunal, Bangalore. The said appeal was allowed on 23-6-1990, whereby the promotion of the petitioner as officiating Head Master was set aside with a direction to consider the case of the appellant i.e., the first respondent herein in accordance with law and to give consequential relief/benefit available to him in accordance with law only and not otherwise. This order was challenged by the petitioner herein in C.R.P. No. 3583 of 1990 before this Court. This Court by its order, dated 29-11-1990 allowed the said Civil Revision Petition setting aside the order, dated 23-6-1990 passed by the Educational Appellate Tribunal with a direction to dispose of the appeal as expeditiously as possible. Thereafter, the Educational Appellate Tribunal has passed the impugned order vide Annexure-G to the petition.