SARDAR BEGUM Vs. SATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner in writ petition in W.P.No.207697/2017 was working as Assistant Mistress, an aided post with Anjuman Arabic School, Sindagi, an institution under the aegis of the second respondent. Similarly, the petitioner in W.P. No.207698/2017 was working as peon with Anjuman Arabic School, Sindagi. The petitioner in W.P.No.207697/2017 was appointed in 1982 and the petitioner in W.P.No.207698/2017 was appointed in 1986. The appointments of the petitioners were permitted for grant - in aid in the 1980s itself. The petitioners were issued show cause notices for certain alleged dereliction in duty, and they were kept under suspension in the year 2014. However, the suspension orders were cancelled in the year 2015 and the petitioners were called upon to report to duty. The Administrator, who was overseeing the administration of the second respondent, issued the order of cancellation/ revocation of suspension. But, the Secretary of the Institution did not permit the petitioners to report duty. Therefore, the petitioners made representations to the fourth respondent - the Deputy Director of Public Instructions (Administration), Vijayapur, who issued order dated 02.11.2015 directing the General Secretary of the second respondent to reinstate the petitioners and pay them salary subject to initiation of necessary inquiry against them.

(2.) The petitioners contend that despite the specific orders of the Deputy Director of Public Instructions (Administration), Vijayapur, and the repeated representations by them, neither the General Secretary of the second respondent nor the Deputy Director of Public Instructions (Administration), Vijayapur, initiated any action for implementation of the order dated 02.11.2015. Therefore, the petitioners were constrained to file these petitions for directions to second respondent - the General Secretary, Anjuman Arebic College, Sindagi - and the respondent No.4 - the Deputy Director of Public Instructions, Vijayapur District to comply with the order dated 02.11.2015 and to consider the different representations. The petitioners have also asked for consequential relief of payment of arrears of salary.

(3.) This Court on 26.04.2019, after considering the facts and circumstances of the case, directed both the General Secretary of Second respondent and the Deputy Director of Public Instructions (Administration), Vijayapur to be present before this Court. The persons were called upon to be present along with the original records of various correspondences, including the correspondences between the institution and the petitioners to put to quietus the dispute.