Case Note & Summary
The appellant, Smt. Vijayalakshmi H.S., was appointed as a part-time Hindi lecturer at Kamala Nehru Women's College, Shivamogga, on 01.06.1996, following the retirement of Mr. Shankareshwar Bhat on 31.05.1996. The appointment was made by the competent body after due selection from the open market. She filed a revision petition under Section 131 of the Karnataka Education Act, 1983, seeking absorption in service, which was rejected by the Educational Appellate Authority-1st Respondent on 15.05.2013. She then filed a writ petition (W.P.No.29574/2013) before the High Court, which was dismissed by a learned Single Judge on 24.02.2016. Aggrieved, she filed the present intra-court appeal under Section 4 of the Karnataka High Court Act. The Division Bench, comprising Justice Krishna S Dixit and Justice Ramachandra D. Huddar, heard the matter. The appellant's counsel argued that the vacancy arose on 31.05.1996 and she was appointed on 01.06.1996 to a clear vacancy, and she had been continuously serving since then. The management (Respondents 4 and 5) supported her claim. The court found that the rejection by the Appellate Authority was unjustified, as the appointment was to a clear vacancy and the appellant had been serving continuously. The court set aside the order of the Single Judge and the Appellate Authority, and directed the respondents to absorb the appellant in service. The judgment was delivered on 12.06.2024.
Headnote
A) Service Law - Absorption - Part-Time Lecturer - Regularisation - Karnataka Education Act, 1983, Section 131 - The appellant, appointed as a part-time Hindi lecturer on 01.06.1996 after due selection, sought absorption. The Educational Appellate Authority rejected her revision petition. The High Court held that the vacancy arose on 31.05.1996, the appointment was to a clear vacancy, and the appellant had been continuously serving. The court set aside the rejection and directed absorption, noting that the management supported the claim. (Paras 1-3)
B) Service Law - Writ Appeal - Intra-Court Appeal - Karnataka High Court Act - The appeal challenged a Single Judge's order dismissing the writ petition. The Division Bench allowed the appeal, setting aside the Single Judge's order and the Appellate Authority's order, directing absorption of the appellant. (Paras 1-3)
Issue of Consideration
Whether the rejection of the appellant's revision petition under Section 131 of the Karnataka Education Act, 1983, seeking absorption in service, was justified.
Final Decision
The appeal is allowed. The order of the learned Single Judge dated 24.02.2016 in W.P.No.29574/2013 is set aside. Consequently, the order of the Educational Appellate Authority dated 15.05.2013 in Revision Petition No.16/2012 is also set aside. The respondents are directed to absorb the appellant in service.
Law Points
- Absorption in service
- part-time lecturer
- regularisation
- Karnataka Education Act 1983 Section 131
- Educational Appellate Authority
- writ appeal
- intra-court appeal
- vacancy
- continuous service
- selection process
Case Details
2024 LawText (KAR) (07) 3
WA No. 1429 of 2016 (S-RES)
Justice Krishna S Dixit, Justice Ramachandra D. Huddar
Sri. Vijaya Kumar (for appellant), Sri. C.N. Mahadeswara (AGA for R1-R3), Sri. M. Narayana Bhat (for R4 & R5)
The Principal Secretary, Higher Education Department, Bangalore; The Commissioner, Department of Collegiate Education, Bangalore; The Regional Joint Director, Department of Collegiate Education, Bangalore; The Principal, The Kamala Nehru Memorial National College for Women, Shivamogga; The Secretary, National Education Society, Shivamogga
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Nature of Litigation
Intra-court appeal against dismissal of writ petition challenging rejection of revision petition for absorption in service.
Remedy Sought
Appellant sought setting aside of the Single Judge's order and the Appellate Authority's order, and direction for her absorption in service.
Filing Reason
The appellant's revision petition under Section 131 of the Karnataka Education Act, 1983, seeking absorption, was rejected by the Educational Appellate Authority.
Previous Decisions
The writ petition (W.P.No.29574/2013) was dismissed by a learned Single Judge on 24.02.2016.
Issues
Whether the rejection of the appellant's revision petition under Section 131 of the Karnataka Education Act, 1983, was justified.
Whether the appellant was entitled to absorption in service given her appointment to a clear vacancy and continuous service.
Submissions/Arguments
Appellant argued that the vacancy arose on 31.05.1996 and she was appointed on 01.06.1996 after due selection, and she had been continuously serving.
Management (Respondents 4 and 5) supported the appellant's claim for absorption.
Ratio Decidendi
The appellant was appointed to a clear vacancy after due selection and had been continuously serving since 1996. The rejection of her revision petition was unjustified, and she is entitled to absorption in service.
Judgment Excerpts
This intra-court Appeal seeks to call in question a learned Single Judge’s order dated 24.02.2016 whereby, the Appellant’s W.P.No.29574/2013 (S-RES) has been negatived.
Learned counsel appearing for the Appellant vehemently argues and that is supported by the learned counsel appearing for the Management i.e., Respondent Nos.4 & 5 that the vacancy in the post in question arose on 31.05.1996 on one Mr.Shankareshwar Bhat having demitted office on attaining the age of superannuation and to that vacancy, the Appellant came to be appointed vide order dated 01.06.1996 by the competent body of the institution as Hindi lecturer on part time basis.
Procedural History
The appellant filed a revision petition under Section 131 of the Karnataka Education Act, 1983, which was rejected by the Educational Appellate Authority on 15.05.2013. She then filed a writ petition (W.P.No.29574/2013) before the High Court, which was dismissed by a learned Single Judge on 24.02.2016. Aggrieved, she filed the present intra-court appeal under Section 4 of the Karnataka High Court Act, which was allowed by the Division Bench on 12.06.2024.
Acts & Sections
- Karnataka Education Act, 1983: 131
- Karnataka High Court Act: 4
