JUDGMENT

M.Y.EQBAL,J.

Leave granted.

2. Since these two appeals arose out of the common judgment and order dated 11.07.2011 passed in Writ Appeal Nos. 1812 of 2006 and 1865 of 2006, the same have been heard and disposed of by this common judgment.

3. By the impugned judgment and order, a Division Bench of the Karnataka High Court dismissed the appeals and affirmed the order dated 20 0f 2006 passed by a learned Single Judge in Writ Petition Nos. 52603 of 2003 and 54201 of 2003 and the order dated 03.12.2002 passed by the Education Appellate Tribunal in EAT No.16 of 1996.

4. The facts of the case lie in a narrow compass:-

5. Respondent No.1 T.D. Viswanath, in Civil Appeal arising out SLP(C) No. 27130 of 2011 (in short respondent no.1) alleged to have been appointed as a Lecturer in Sri Basaveswara Junior College (in short, ‘the college’) run by Sri Basaveswara Education Society (in short, ‘the Society’). According to the said respondent No.1, since the date of appointment i.e. 28.06.1990 he continuously worked as a Lecturer in the College run by the Society. It was alleged that all of a sudden on 22.07.1995 the Society/College issued oral directions directing respondent No.1 not to attend the College and take classes on the ground that his services have been terminated.

6. It appears that on 19.06.1995, the Society issued an advertisement in the newspaper inviting applications for appointment on the post of Lecturer in History in the said College. Pursuant to the said advertisement, respondent No.1 applied for the said post and was called for interview, but he was not selected and in his place one T.S. Malleshappa was selected for the said post. The said T.S. Malleshappa joined the said post of Lecturer, but within a year he left the service and joined M.Phil Course. Subsequently, the Society issued another advertisement dated 03.05.1996 inviting applications from eligible candidates for the post of Lecturer (History). Again after interview, one R. Siddegora was appointed as a Lecturer (History) for a period of two years. In the meantime, respondent No.1 filed a writ petition being No. 31770 of 1995 before the Karnataka High Court seeking a mandamus directing the Society of the College to reinstate him in service with all consequential benefits and further direction was sought not to make any appointment in his place. The said writ petition was dismissed on 29.10.1996 by the High Court on the ground of alternative remedy of appeal available before the Education Appellate Tribunal (in short, the ‘Tribunal’).

7. Respondent No.1 thereafter filed an appeal before the Tribunal challenging his termination/removal from the post of Lecturer. Along with the said appeal, an application for condonation of delay was also filed. Pending appeal, the Tribunal passed interim order dated 17.12.1996, restraining the Society and the Principal of the College from appointing any person to the post of Lecturer.

8. In the year 1998, Director of Pre-University Education Board by communication dated 24.08.1998 asked the Society to fill up the remaining three posts from reserved category in order to obtain the approval for the teaching staff. Consequently, posts were advertised and one B.T. Krishnamurthy, who is appellant in Civil Appeal arising out of the Special Leave Petition No. 27031 of 2011 was appointed as Lecturer.

9. However, the Tribunal by order dated 03.12.2002, allowed the appeal filed by respondent No.1 and directed the Society to reinstate respondent No.1 in service w.e.f. 23.07.1995 and to pay him all pecuniary benefits w.e.f. 23.07.1995. The Tribunal further directed the Society to regularize the services of respondent No1. The Tribunal further declared the appointment of B.T. Krishnamurthy as illegal and improper.

10. Aggrieved by the aforesaid order of the Tribunal, the appellants herein - the Society and B.T. Krishnamurthy filed separate writ petitions challenging the order passed by the Tribunal. The High Court dismissed the writ petitions by j