BANGALORE JESUIT EDUCATIONAL SOCIETY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN the instant case, the petitioners have sought for a mandamus directing the respondents to order the placement of Father Dr. Ambrose Pinto S. J. as Grade I Principal of St. Joseph College (Arts and Science), Bangalore, and pay the salary under the Grant-in-Aid Scheme with effect, from 1-8-2003.

(2.) THE 1st petitioner-Society is running several Educational Institutions. St. Joseph College (Arts and Science), Bangalore, is one of them and the 2nd petitioner is working as a Principal of St. Joseph College, with effect from 1-8-2003. The 2nd petitioner was appointed as Principal of St. Joseph Evening College with effect from 16-6-94. The approval was granted by the competent authority of the respondents for the said appointment, while he was so working ha was sent on deputation to the Indian Social and Education Institute New Delhi, as Director of Research. The said deputation was made with a prior approval of the respondents as per the communication dated 15-7-1998. While he was so working on deputation, by communication dated 28-11-1998, a provision was made for appointment of Principals in Cadre/grade I and necessary proposals in this behalf was sought from the 1st petitioner. Accordingly, the 1st petitioner-management has passed the Resolution dated 12-12-1998 and it was unequivocally resolved to appoint the 2nd petitioner in the cadre of Principal Grade-I. On the submission of the proposal along with the said Resolution the Joint Director of Collegiate Education opined that the placement and fixation of the salary of the Principal Dr. Pinto will be done on his return from his deputation and resumption of his duties in the post of Principal which is crystal clear from the communication dated 12-2-2000 vide Annexure-E. The 2nd petitioner returned from deputation and reported for duty on 1-6-2001. The same wag communicated to the 2nd respondent vide Annexure-F. Thereafter, the 2nd respondent was requested to issue necessary orders for placement and fixation of salary of the 2nd petitioner in the cadre of Principal Grade-I, but no action has been taken till this date.

(3.) THE further case of the petitioners is that on 1-8-2003 the transfer of 2nd petitioner as a Principal of the St. Joseph college (Arts and Science) in the vacancy created by the transfer of Father Eugene Lobo as Principal of Sl. Aloyius College, Mangalore, by its communication dated 28-4-2004, was endorsed with the request for placement and salary was rejected for the reasons stated therein. Even the request for releasing the salary was turned down by communication dated 7-10-2004. Immediately, after receipt of the said communication, a detailed representation was submitted by the 1st petitioner twice vide Annexures-L and M. However, till this date the placement of the 2nd petitioner as a Principal and payment of salary has not been done. Therefore, the petitioners are constrained to approach this Court by way of filing the present Writ Petition seeking appropriate relief as stated supra.