M MUNIYELLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri V Lakshminarayana, learned Senior counsel appearing on behalf of Smt.Shilpa Rani for petitioner and Sri E.S.Indiresh, learned Addl. Government Advocate appearing for respondents.

(2.) Petitioners were appointed as Attenders in third respondent - college on 31.07.1990 and since then they have been working in third respondent - college. Said appointment of petitioners came to be forwarded to the Deputy Director of Collegiate Education on 07.08.1990 by the Principal of college as per Annexure-J for approval of their appointment. Subsequently, on 03.08.1991 - Annexure-K, Secretary and Commissioner of Finance has intimated the Government that there are 16 posts vacant for non- teaching staff and 12 vacancies have been approved by the Directorate of Collegiate Education by order dated 07.07.1990 and are admitted to salary grant. It is thereafter, Principal of third respondent - college submitted the proposal for appointments on 17.10.1992 as per Annexure-L whereunder the names of petitioners-3, 4 and 5 found place in the list appended thereto. On 29.01.1999 - Annexure-M one more proposal was forwarded by the Principal of third respondent - college to the Joint Director of Collegiate Education whereunder names of the petitioners have been forwarded indicating thereunder that appointment of petitioners were prior to 01.06.1992. Reminder was also sent by the Principal of third respondent - college to the Joint Director of Collegiate Education on 04.03.2010 - Annexure-N enclosing therewith service particulars of the petitioners and also indicating thereunder that petitioners were appointed on 01.08.1990. The Principal Secretary, Education Department (Higher Education) has forwarded a communication to the Directorate of Collegiate Education on 04.02.2013 - Annexure-R to examine the claim of petitioners for being admitted to salary grant. Thereafter, petitioners have also submitted representation to the Principal Secretary, Department of Higher Education requesting for payment of salary and allowances under the grant-in-aid vide Annexure-S.

(3.) Records disclose that after proposal was sent by the Principal of third respondent - college on 07.08.1990, an endorsement came to be issued on 25.10.2013, after a lapse of 23 years, by second respondent rejecting the claim of petitioners by assigning the reason that Rule 8(2) of the Karnataka Educational Institution (Collegiate Education) Rules, 2003 do not provide for grant of approval to the appointments of petitioners since with effect from 01.03.2001 the functioning and unapproved posts of non-teaching staff has stood permanently unaided and vacancies in the non-teaching staff which has arisen after 01.03.2001 on account of retirement, resignation, removal, dismissal or death are also to remain permanently unaided. Hence, questioning the said endorsement, petitioners are before this Court in these writ petitions.