ERAMALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner was appointed as Assistant Hindi teacher by Sri Srinivasa Education Trust, Gubbi, Tumkur District and posted him at its school 'sri Srinivasa H. P. S. ' Gubbi, Tumkur District, vide appointment order at Annexure-A dated 20. 10. 1987. The said appointment was approved by the Competent Authority as per Annexure-B order dated 2. 11. 1987. The post in question was admitted to salary grant as per the order at Annexure-C1 dated 16. 11. 1992. The petitioner was granted annual increments as per the order at Annexure-C2, dated 16. 11. 1992 and he was also granted time bound increment as per Annexure-D order dated 16. 9. 2003. The Deputy Director of Public Instructions, Tumkur, (4th respondent herein) cancelled the order admitting the post in question to salary grant as per Annexure-P3 order dated 30. 1. 1997. The petitioner challenged the said order before this Court in W. P. No. 1364/01. This Court by its order dated 23. 3. 2005 remanded the matter back to the concerned ddpi with a direction to reconsider the matter in accordance with law. It is also relevant to notice here that during the pendency of the writ petition, the petitioner was paid the salary from 1997 to 2001 as per the order at annexure-G1 dated 33. 3. 2001 and again his salary paid till March 2005 as per the order at Annexure-G2. The DDPI had also sought permission of the Director to continue the petitioner in service. After remand, the petitioner was issued with a show-cause notice calling upon him as to why the salary grant to the post in question should not be withdrawn. The said show-cause notice on 28. 11. 2006. The DDPI has passed on order at annexure-M dated 23. 3. 2007 withdrawing the salary grant to the said post. The petitioner has questioned the validity of the said order in this writ petition.

(2.) SRI Prakash Shetty, learned Counsel appearing for the petitioner submits that petitioner was appointed to the post in question as per the order at Annexure-A, dated 20. 10. 1987 and his appointment was approved by the Competent Authority as per the order at Annexure-B, dated 2. 11. 1987. The post in question was admitted to salary grant as per the order at Annexure-C and he was granted annual increments and time bound increments from time to time. On an earlier occasion when the Deputy director of Public Instructions, Tumkur, unilaterally withdrew the salary grant to the post in question, petitioner challenged the same before this court in W. P. No. 1364/2001 and this Court directed the DDPI to reconsider the matter in accordance with law. Thereafter, the petitioner filed a detailed objections to the show-cause notice issued by the DDPI, Tumkur (4th respondent herein ). The DDPI without considering the objections has passed the impugned order. It is argued that the impugned order is unilateral in nature and that no reasons have been assigned by the 4th respondent for withdrawing the salary grant to the post in question.

(3.) ON the other hand, learned High Court Government Pleader appearing for the respondent has sought to justify the impugned order.