C V MANJULA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER herein questioning the impugned communication/endorsement dated 12th August 2003 bearing No. 5aa. 550: 2001-02: scba vide Annexure L, issued by second respondent, has presented the instant writ petition. Further, petitioner has sought for a direction, directing the respondents to consider the representation of the petitioner dated 3rd January 2005 vide Annexure N and release the salary of the petitioner withheld with effect from August 2002 along with interest @ 18% per annum.

(2.) THE only grievance of the petitioner in the instant writ petition is that, petitioner was a Lecturer in 'sociology' in the fifth respondent-Evening College. As per the Government Order dated 9th May 2001, in view of bifurcation of the P. U. Course from the Composite first Grade Evening College from the academic year 2001 -02, vide annexure D, the fifth respondent -Evening college was closed from the academic year 2001-02. In the said order dated 9th May 2001, it has been specifically referred that, the lecturers working in the evening Colleges which are directed to be closed, shall be deputed to some other College wherein there is necessity of such teaching staff and that, their salary and other emoluments shall be borne by the collegiate Education itself. Thereafter, after lapse of two years, petitioner has been posted to the P. E. S. Pre university College of science, Mandya by the competent authority by its order dated 17th june 2004 vide Annexure M. But, it is the grievance of petitioner that, she has not been paid the salary and other emoluments for the period from August 2002 to 2003-04, as referred above. Therefore, she was constrained to give a detailed representation dated 3rd January 2005 vide Annexure N, narrating all the details to second respondent, requesting the authorities to release her salary in the light of the order passed by second respondent dated 9th May 2001 vide Annexure D. The said representation is neither considered nor disposed of. Instead of that, the second respondent has proceeded to issue the impugned endorsement dated 12th August 2003 vide annexure L stating that, during the period of closure of the College, petitioner is not entitled to any release of salary till she has joined the new college, on the ground that, there is no relationship of employer and employee and her request has been rejected. Assailing the correctness of the impugned endorsement dated 12th August 2003 vide annexure L and seeking appropriate direction, as referred above, petitioner has presented the instant writ petition invoking the extra ordinary jurisdiction of this Court.

(3.) I have heard Learned Counsel appearing for petitioner and learned Government Advocate appearing for respondents 1 to 4.