Case Note & Summary
The petitioner, Sri Venkateshwara Reddy B, a Mathematics Teacher at Murarji Desai Model Residential School, Thimmalapura, Hosapete Taluk, Bellary District, challenged the order dated 02.01.2018 issued by the first respondent (State of Karnataka) and the consequential order dated 05.01.2018 issued by the second respondent (Executive Director, Karnataka Residential Educational Institutions Society), whereby the fourth respondent, Sri Nagesh K, a Computer Teacher, was given additional charge of the post of Principal. The petitioner had been working as a Mathematics Teacher since 04.06.2012, while the fourth respondent joined as Computer Teacher on 11.06.2012, making the petitioner senior. The post of Principal fell vacant on 20.06.2016 when the regular incumbent Sri Yogesh H. was transferred. The petitioner contended that being senior, he should have been considered for the additional charge. The court, after hearing arguments, found that the impugned orders were arbitrary and contrary to the principles of seniority. The court quashed the orders and directed the respondents to consider the petitioner's claim for the additional charge of Principal in accordance with law, preferably within four weeks. The judgment emphasized that seniority should be respected in such appointments unless there are valid reasons recorded.
Headnote
A) Service Law - Seniority - In-charge Appointment - Arbitrariness - The court considered whether the appointment of a junior teacher as In-charge Principal, ignoring the senior teacher, was arbitrary. Held that seniority must be respected in such appointments unless there are valid reasons recorded. (Paras 1-4) B) Service Law - Additional Charge - Principles - The court examined the principles governing additional charge appointments. Held that such appointments should be made based on seniority and suitability, and bypassing a senior without justification is arbitrary. (Paras 3-4)
Issue of Consideration
Whether the appointment of a junior teacher as In-charge Principal, bypassing a senior teacher, is arbitrary and violative of service rules.
Final Decision
The court allowed the writ petition, quashed the impugned orders dated 02.01.2018 and 05.01.2018, and directed the respondents to consider the petitioner's claim for additional charge of Principal in accordance with law, preferably within four weeks.
Law Points
- Seniority
- In-charge appointment
- Additional charge
- Arbitrariness
- Service rules
