Niranjan Murthy K vs State of Karnataka - Court Judgment

SooperKanoon Citationsooperkanoon.com/1874403
CourtKarnataka Orders High Court
Decided OnMay-31-2024
Case NumberWP/52105/2015
JudgeB M Shyam Prasad
AppellantNiranjan Murthy K
RespondentState of Karnataka
Excerpt:
-1-in the high court of karnataka at bengalurudated this the 31st day of may, 2024 before the hon'ble mr justice b m shyam prasad writ petition no. 52105 of 2015 (s-res) between: niranjan murthy k s/o. sri. kamappa, aged about 35 years, working as group-"d"-employee, sri. balaji composite high school, situated at yeraa nagathi halli camp, kolkunte post, mayakonda hobli, davanagere dist. …petitioner (by sri. r kothwal.,advocate (absent)) and: digitally1. state of karnatakasigned by rep by its principal secretary narasimha murthy primary and secondary education, vanamala vikasa soudha, location: high bengaluru - 560001. court of karnataka2. the commissioner of public instructions k.r. circle, nrupathunga road,3. the director of public instructions, secondary education, new public officer, -2-4. the deputy director of public instructions5. the block educaiton officer education department6. the president sri. balaji vidya samsthe (regd) yarava nagathihalli camp,7. the secretary sri. balaji vidya samsthe (regd) yarava nagathihalli camp,8. the head master sri. balaji vidya samsthe (regd) yarava nagathihalli camp, lokikere,9. sri. annaiahs/o. yammanagatte shivappa, aged about 46 years, resident of yaravanagathihalli, kolkunte post, -3- davanagere taluk …respondents (by sri. gopala krishna soodi., aga for r1 to r5; sri. a.c. balaraj, advocate for r6) this w.p. is filed under articles 226 and 227 of the constitution of india praying todirect the r-1 to r5 to approve the appointment of petitioner as permanent and to admit in to grant in aid with all consequential; direct the r-6 to 8 sri balaji educational institution to release arrears of salaries, allowances, etc., to the petitioner with interest. this petition, coming on for orders, this day, the court made the following:orderthis court on 27.06.2017, while observing that the reason for not carrying out the amendment is only an excuse, has granted another opportunity by a peremptoryorder observing that if the amendment is not carried outwithin a week, the petition shall liable to be dismissed for default. the applications are filed for recalling of thisorder dated 27.06.2017 and for leave to carryout-4- amendment. these applications are filed in the year 2017. none appears for the petitioner and lack of interest is obvious from the above. therefore, the petition stands dismissed for default. sd/- judge sa ct:sr
Judgment:

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31ST DAY OF MAY, 2024 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 52105 OF 2015 (S-RES) BETWEEN: NIRANJAN MURTHY K S/O. SRI. KAMAPPA, AGED ABOUT 35 YEARS, WORKING AS GROUP-"D"-EMPLOYEE, SRI. BALAJI COMPOSITE HIGH SCHOOL, SITUATED AT YERAA NAGATHI HALLI CAMP, KOLKUNTE POST, MAYAKONDA HOBLI, DAVANAGERE DIST. …PETITIONER (BY SRI. R KOTHWAL.,ADVOCATE (ABSENT)) AND: Digitally

1. STATE OF KARNATAKA

signed by REP BY ITS PRINCIPAL SECRETARY NARASIMHA MURTHY PRIMARY AND SECONDARY EDUCATION, VANAMALA VIKASA SOUDHA, Location: HIGH BENGALURU - 560001. COURT OF KARNATAKA

2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS K.R. CIRCLE, NRUPATHUNGA ROAD,

3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, SECONDARY EDUCATION, NEW PUBLIC OFFICER, -2-

4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS

5. THE BLOCK EDUCAITON OFFICER EDUCATION DEPARTMENT

6. THE PRESIDENT SRI. BALAJI VIDYA SAMSTHE (REGD) YARAVA NAGATHIHALLI CAMP,

7. THE SECRETARY SRI. BALAJI VIDYA SAMSTHE (REGD) YARAVA NAGATHIHALLI CAMP,

8. THE HEAD MASTER SRI. BALAJI VIDYA SAMSTHE (REGD) YARAVA NAGATHIHALLI CAMP, LOKIKERE,

9. SRI. ANNAIAH

S/O. YAMMANAGATTE SHIVAPPA, AGED ABOUT 46 YEARS, RESIDENT OF YARAVANAGATHIHALLI, KOLKUNTE POST, -3- DAVANAGERE TALUK …RESPONDENTS (BY SRI. GOPALA KRISHNA SOODI., AGA FOR R1 TO R5; SRI. A.C. BALARAJ, ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TODIRECT THE R-1 TO R5 TO APPROVE THE APPOINTMENT OF PETITIONER AS PERMANENT AND TO ADMIT IN TO GRANT IN AID WITH ALL CONSEQUENTIAL; DIRECT THE R-6 TO 8 SRI BALAJI EDUCATIONAL INSTITUTION TO RELEASE ARREARS OF SALARIES, ALLOWANCES, ETC., TO THE PETITIONER WITH INTEREST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This Court on 27.06.2017, while observing that the reason for not carrying out the amendment is only an excuse, has granted another opportunity by a peremptory

order observing that if the amendment is not carried out

within a week, the petition shall liable to be dismissed for default. The applications are filed for recalling of this

order dated 27.06.2017 and for leave to carryout

-4- amendment. These applications are filed in the year 2017. None appears for the petitioner and lack of interest is obvious from the above. Therefore, the petition stands dismissed for default. Sd/- JUDGE SA ct:sr