BHASKAR NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged Condition Nos.1 and 8 in appointment order dtd. 27/3/2012 issued by respondent No.2 vide Annexure-E.

(2.) Brief facts of the case of the petitioner is that he was appointed as Assistant Teacher (Hindi subject) by respondent No.4 in the year 1994 to work at respondent No.5-Institution and had continued to work till the date of sanctioning the approval to posts and aid to the institution. Respondent No.3 has approved the appointment of employees of respondent No.5-Institution except the petitioner. Therefore, the petitioner has approached this Court by filing W.P.No.24917/2005. This Court by order dtd. 9/8/2006 disposed of the writ petition and directed respondent Nos.2 and 3 to consider the approval of appointment of the petitioner to the post of Assistant Teacher in respondent No.5-Institution with effect from 6/3/2004 and the petitioner is entitled to all consequential benefits on such approval being granted. The same has been confirmed by the Division Bench of this Court in W.A.No.1491/2006 on 26/11/2009. Thereafter, the petitioner filed contempt petition in C.C.C.(Civil) No.2306/2011 and the same has been dismissed on 28/3/2012 with the observation that it is open to the complainant to work out his rights and remedies before the appropriate authority, in accordance with law. Thereafter, by impugned order dtd. 27/3/2012 vide Annexure-E, the petitioner's appointment was approved subject to certain conditions, including Condition Nos.1 and 8, which reads as follows:.

(3.) Being aggrieved by condition Nos.1 and 8 of the impugned order, the petitioner is before this Court.