LAWS(KAR)-2007-8-12

B G DEVARAJAIAH Vs. COMMISSIONER FOR PUBLIC INSTRUCTIONS

Decided On August 13, 2007
B.G.DEVARAJAIAH Appellant
V/S
COMMISSIONER FOR PUBLIC INSTRUCTIONS Respondents

JUDGEMENT

(1.) PETITIONER, an employee of the 4th respondent-S. T. S. Education Society, working as in-charge Head Master at its High school known as Maruthi Rural School at yeligur, Kunigal taluk, Tumkur, is aggrieved that his functioning/working as Head Master albeit on in-charge basis during the past almost 30 years has not yielded result to the petitioner to regularise him in such post notwithstanding several rounds of litigation before the authorities and before this Court in the earlier two rounds of writ litigation.

(2.) PETITIONER has sought for quashing the order dated 11-9-2006 passed in Appeal No. 11/2004 by the 1st respondent-Commissioner for Public Instructions acting as an Appellate authority exercising powers under Section 130 of the Karnataka Education Act (copy produced at Annexure-A to the writ petition)and has sought for issue of further directions to The Commissioner for Public Instructions, the Director (Secondary Education), the deputy Director of Public Instructions, viz. , respondents 1 to 3, to approve the appointment of the petitioner to the post of Head Master from the date of regular selection in terms of the Notification dated 4-6-1983 (copy produced at Annexure-C to the writ petition) and with effect from 13-8-1983 and for grant of all consequential monetary benefits, etc.

(3.) PETITIONER had also sought for an interim order to restrain the respondents from taking any adverse action against the petitioner, who was holding the post of in-charge Head Master, particularly in the wake of the directions that had been issued under the impugned appellate order of the Commissioner in the operative portion of the order which reads as under :