Sri Palakshappa Vs. the State of Karnataka and ors - Court Judgment

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Court	Karnataka High Court
Decided On	Nov-03-2010
Case Number	WRIT PETITION NO.28086 OF 2010 (S-RES)
Judge	RAM MOHAN REDDY J.
Appellant	Sri Palakshappa
Respondent	The State of Karnataka and ors
Appellant Advocate	SRI. B N SHETTY. ADV
Respondent Advocate	SRI. JAGADISH MUNDARAGI. AGA

Excerpt:

[ram mohan reddy j.] this writ petition is filed under article 226 of the constitution of india praying to quash the impugned order dated 16th jan. 2001 by the 2nd respondent vide annexure - a and etc......its employees who do not possess s.s.l.c. qualification, with further directions setting aside the recovery of the excess amount paid to the petitioners therein, restrained the municipal council from giving effect to the orders annulling time bound promotions to its employees and accordingly allowed the writ petition.2. similar is the facts and circumstances of the case on hand. petitioner having been extended the benefit of promotion though he had not completed s.s.l.c. qualifying examination is sought to be recalled. hence the writ petition.3. in the light of the decision referred to supra, petitioner too is entitled to the very same relief.4. in the result, writ petition is allowed in part. the order dated 16.1.2001 annexure 'a' is declared as invalid and a mandamus shall ensue directing the respondents to fix the petitioner in the scale of pay as is applicable to him with effect from 1.1.1970 as if he was duly qualified and pay him the arrears in any event within a period of three months.

1. In W.P. No.46875-46858/2002 K Chandrappa and another .Vs. State of Karnataka. a Learned Single Judge by order dated 10.4.2003 Annexure 'F' extracting the order passed in earlier writ petition, quashing the order dated 30.3.91 of the Director of the Municipal Administration directing all Municipal Councils to annul the time bound promotions given to its employees who do not possess S.S.L.C. qualification, with further directions setting aside the recovery of the excess amount paid to the petitioners therein, restrained the Municipal Council from giving effect to the orders annulling time bound promotions to its employees and accordingly allowed the writ petition.

2. Similar is the facts and circumstances of the case on hand. Petitioner having been extended the benefit of promotion though he had not completed S.S.L.C. qualifying examination is sought to be recalled. Hence the writ petition.

3. In the light of the decision referred to supra, petitioner too is entitled to the very same relief.

4. In the result, writ petition is allowed in part. The order dated 16.1.2001 Annexure 'A' is declared as invalid and a mandamus shall ensue directing the respondents to fix the petitioner in the scale of pay as is applicable to him with effect from 1.1.1970 as if he was duly qualified and pay him the arrears in any event within a period of three months.