KARNATAKA LINGAYAT EDUCATION SOCIETY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an intra Court appeal filed by the appellant challenging the judgment and order dated 03.03.2017 passed in W.P.No.108324/2015.

(2.) The facts in brief are, the 4th respondent was working as a Second Division Assistant in S. Nijalingappa College, Bengaluru, run by the appellant, which was an aided post. The 4th respondent was transferred from S. Nijalingappa College, Bengaluru, to G. I. Bagewadi College, Nippani, on 15.06.1992. Pursuant to which, the Bengaluru College relieved the 4th respondent and who in turn reported for duty at Nippani College on 01.07.1992. Immediately after joining, the 4th respondent applied for leave. G. I. Bagewadi College, Nippani, sent the annual salary statement of 1992 to the 3rd respondent for the period he had worked. The 3rd respondent returned the salary statement on the ground that there is delay in filing it and there are four aided posts as such the 4th respondent would not fit in the said post. On the preliminary steps taken by the appellant- Management to initiate disciplinary proceedings against the 4th respondent, an Undertaking was given by the 4th respondent that he will be regular to duties; will not absent himself in future and requested to condone the lapse. It transpires that on 27.12.1993, G. I. Bagewadi College, Nippani, has replied to the 3rd respondent stating that in view of the promotion of one S. B. Badigannanavar to the post of Superintendent subject to approval of the Government, the 4th respondent could be the 4th Second Division Assistant. However, the State Government did not approve promotion of S. B. Badigannanavar as Office Superintendent at that stage. The 4th respondent remained absent from 01.07.1992 to 04.04.1995. Thereafter the Government approved the promotion of S.B.Badigannanavar with retrospective effect from 17.04.1990 and he has received the salary arrears from the Government. The 4th respondent abandoned his job and did not attend the office. He started making representations for his transfer to Bengaluru. Thereafter the 4th respondent filed W.P. No.8953/1998 challenging the order of transfer dated 15.06.1992 and to approve the post or to direct the petitioner to retransfer him to his original place. This writ petition was dismissed on the ground of alternative remedy against which the 4th respondent preferred an appeal MA (EAT) No.32/1998 which was dismissed as not maintainable. The appellant issued show-cause notice to respondent No.4 calling upon him to show cause as to why suitable action should not be taken for his unauthorized absence. The 4th respondent filed W.P. No.36246/2001 challenging the order in MA (EAT) No.32/1998. It was disposed of directing the 4th respondent to file an appeal before the Government under Section 130 of the Karnataka Education Act, 1983 ('the Act' for short). The 4th respondent filed an appeal in Appeal No.40/2002 before the 2nd respondent along with the application for condonation of delay and to set aside the order dated 26.02.1994 and in the alternative challenged the order dated 15.06.1992. The Appellate Authority, by its order dated 20.07.2005 has set aside the order of transfer directing the appellant to pay the salary of the 4th respondent for the period for which he has actually worked, further directing the appellant to initiate disciplinary proceedings in accordance with law.

(3.) Aggrieved by the same, the 4th respondent preferred Revision Petition in R.P. No.23/2008 before the 1st respondent. The 1st respondent directed the appellant to pay salary with all other consequential benefits to the 4th respondent in terms of the order passed by the 2nd respondent in Appeal No.40/2002. Aggrieved, the appellant filed W.P. No.31034/2008 which came to be allowed. The matter was remanded to the 1st respondent with a direction to reconsider the same in accordance with law providing opportunity to the parties and to pass appropriate orders within four months from the date of receipt of the order. Consequent to which, the 1st respondent passed the order on 29.05.2015 with a direction to the appellant College Management to pay entire salary arrears to the 4th respondent for the period 15.06.1992 to 20.07.2005 along with the consequential benefits at the earliest. Aggrieved by the same, the 4th respondent preferred W.P. No.108324/2015 which came to be dismissed confirming the order of the 1st respondent. Hence, this writ appeal.