RAVI PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner herein was appointed as Primary School Teacher. On his request, the petitioner was sent to study Hindi Shikshan Parangath course, as an inservice candidate along with a few other Teachers. In this regard, the Commissioner of Public Instructions had passed an order dated 05.11.2012, permitting the petitioner and 18 other Teachers for further studies, while all such persons were sanctioned study leave for a period of ten months for which period, salary was also granted. The petitioner herein undertook the examination during April-May, 2014 and succeeded in 8 out of 9 subjects.

(2.) Since permission was not granted to the petitioner to take up the remaining subject for examination, the petitioner approached this Court in W.P.Nos.12776-12778/2015 along with other candidates. By order dated 30.03.2015, this Court directed the Central Institute of Hindi to permit the applicant to write the examination. However, it is submitted that at that juncture, the petitioner herein was called upon for census work by the Department. Moreover, the examinations were conducted at Agra centre and the candidates from Karnataka were required to write the examination at the Agra centre. For the said reasons, it is submitted that the petitioner was unable to take up the examination in the month of April-May, 2015. It is also submitted that the other candidates who had got the benefit at the hands of this Court were also unable to take up the examination.

(3.) In this regard, the respondents issued a showcause notice dated 11.11.2015, calling upon the petitioner to explain as to why the salary and allowances paid to him during the study leave period should not be recovered from his salary. The petitioner herein caused a reply dated 18.11.2015 to the showcause notice. Not being satisfied with the reply, an endorsement dated 27.11.2015 was issued to the petitioner, while the Deputy Director of Public Instructions (DDPI) directed the Block Education Officer of Hassan District, to recover the leave period salary and allowances paid to the petitioner herein from his monthly salary and to deposit the same to the Government Head of Account. Consequently, a sum of Rs.5,638/- was recovered from December, 2015. Immediately thereafter, the petitioner herein approached this Court by filing an interlocutory application in W.P.Nos.12776-12778/2015, seeking a direction to allow the petitioner to take up the examination during April-May, 2016. The said application came to be allowed by order dated 05.01.2016. The petitioner herein gave a representation dated 11.01.2016, informing the respondents about the permission granted by this Court and therefore, requested the respondents not to deduct the salary. When the representation made by the petitioner herein did not meet with a positive response from the respondents herein, the petitioner approached the Tribunal in Application No.3198/2016.