IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 24TH DAY OF AUGUST 2021
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
W.P.NO.103032/2021 (S-RES)
BETWEEN
SHRI.SUBASH S/O HANAMANTHAPPA NADAGOURDA,
AE. 58 YEARS, OCC. ASSISTANT TEACHER,
SHRI JAGADGURU GURUSHIDDHESHWAR VIDHYAVARDHAK
& SANSKRITIKA SAMSTHE, GULEDGUDDI'S
SHRI SHIVASHARANA SHIVAPPAYYANAVAR HIGH SCHOOL,
NEELGUND-587201, TQ: BADAMI, DIST: BAGALKOT.
...PETITIONER
(BY SRI. A.S. PATIL, ADVOCATE)
AND
1 . THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW
AND PARLIAMENTARY AFFAIRS,
R/BY ITS PRINCIPAL SECRETARY
VIDHANA SOUDHA,
BENGALURU-560001
2 . THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION (PRIMARY),
R/BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU-560001
3 . THE COMMISSIONER,
DEPARTMENT OF PUBLIC INSTRUCTIONS,
NRUPATUNGA ROAD,
BENGALURU-560003
4 . THE JOINT DIRECTOR,
DEPARTMENT OF PUBLIC INSTRUCTIONS,
BELAGAVI DIVISION, BELAGAVI.
5 . THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, (DDPI)
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BAGALKOT DISTRICT,
BAGALKOT.
6 . THE PRINCIPAL ACCOUNTANT GENERAL (A AND E)
KARNATAKA, P.B.NO.5329/69,
ANNEXE BUILDING,
PARK HOUSE ROAD,
BENGALURU-560001.
7 . THE CHAIRMAN,
SHRI JAGADGURU GURUSHIDDHHESHWAR
VIDHYAVARDHAK AND SANSKRITIKA
SAMSTHE, GULEDGUDD-587203,
TQ. BADAMI, DIST. BAGALKOT.
8 . THE HEAD MASTER,
SHRI JAGADGURU GURUSHIDDHHESHWAR
VIDHYAVARDHAK AND SANSKRITIKA
SAMSTHE, GULEDGUDD'S
SHRI SHIVASHARANA SHIVAPPAYYANAVAR
HIGH SCHOOL, NEELGUND-587201,
TQ. BADAMI, DIST. BAGALKOT.
...RESPONDENTS
(BY SRI. VINAYAK S.KULKARNI, AGA FOR R1 TO R6)
(NOTICE TO R7 & 8 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO STRIKE DOWN THE
PROVISIONS OF THE ACT NO.27 OF KARNATAKA PRIVATE AIDED
EDUCATIONAL INSTITUTIONS EMPLOYEES (REGULATION OF PAY ,
PENSION AND OTHER BENEFITS) ACT , 2014 ARE CONSEQUENTLY TO
QUASH THE GAZETTE NOTIFICATION DATED 12.2. 2014 PUBLISHED
IN KARNATAKA GEZETTE IN NO.SAMVYASHAE 60 SHASANA 2013,
BANGALORE DATED 12 2 2014 IN PART IV A BY THE RESPONDENT
NO. 1 AS PER ANNEXURE-E AND TO ISSUE WRIT OR MANDAMUS OR
ANY OTHER ORDER OR DIRECTION DIRECTING THE RESPONDENTS
TO CONSIDER PAST SERVICE RENDERED BY THE PETITIONER PRIOR
TO SANCTION OF THE GRANT IN AID FOR THE PURPOSE OF ALL THE
SERVICE BENEFITS AND FURTHER TO DIRECT THE RESPONDENTS
NO.1 TO 6 TO RE-FIX THE PAY SCALE OF THE PETITIONER AND TO
PAY THE APPROPRIATE AND ALL OTHER CONSEQUENTIAL SERVICE
BENEFITS IN HIS FAVOUR.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY THE
COURT MADE THE FOLLOWING:
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ORDER
Heard the learned counsel for the petitioner and the learned Additional Government Advocate, who is directed to take notice for respondent Nos.1 to 6. Since no relief is claimed as against respondent Nos.7 and 8, at the request of the learned counsel for the petitioner, notice to the said respondents is dispensed with.
2. Petitioner is the assistant teacher of the 7th respondent-institution. Petitioner was appointed in the said institution on 9/6/1986 and subsequent to his appointment, the institution was admitted to grant-in-aid on 28/29.09.1993. It is the grievance of the petitioner that though he was appointed much earlier to the said date, his past service rendered in the institution was not considered while bringing his service within the purview of grant-in-aid and in the order dated 28.09.1993, it is specifically stated that the past service of the petitioner in the institution shall not be considered for the purpose of service benefits.
3. Learned counsel for the petitioner submits that the matter is squarely covered by the judgment of this Court in W.P. 4 No.21216 of 2014 and connected writ petitions disposed of on 10th July 2015, wherein this Court, while striking down the Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other Benefits) Act, 2014 (Karnataka Act No.07/2014) as ultravires of Constitution of India as it is opposed to Article 14 of the Constitution, has observed that the respondent-State shall continue to pay salary or pension as the case may be to petitioner and similarly placed persons as was being paid pursuant to its earlier orders or in other words, as it was being paid prior to impugned enactment. Learned counsel for the petitioner submits that orders denying the past service of the staff working in the aided school for the purpose of service benefits, were questioned before this Court and this Court had directed the concerned authorities to take into consideration the past services of the petitioner and the said order was also confirmed by the Hon'ble Supreme Court and subsequently, the enactment in question was brought into force. This Court by order dated 10th July 2015 passed in W.P. No.21216/2014 and connected writ petitions, struck down the said enactment with a direction to pay the salary or pension as the case may be as it was being paid prior to the impugned enactment.
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4. Learned Additional Government Advocate submits that the order passed by this Court in W.P. No.21216/2014 and connected writ petitions has been challenged by the State in Writ Appeal No.2476 of 2015 and connected writ appeals.
5. I have given my anxious consideration to the submissions made on both sides and also perused the material on record.
6. From a reading of the interim order passed by the Division Bench of this Court in Writ Appeal No.2476 of 2015 and connected appeals, it is clear that, after recording the statement of the learned Advocate General, the Division Bench has observed that the State shall go on paying the employees their current emoluments in terms of the re-fixation, subject to the result of the writ appeals and has also restrained the State from initiating any recovery proceedings for recovery of the arrears of pay. The Division Bench has also observed that so far as the retired employees are concerned, the learned Advocate General has submitted that the pension what they are getting shall be continued to be paid to them and considering such submission, the State was directed to continue to pay the pension as was being paid to its retired employees as on the said date. 6
Under the circumstances, even this writ petition is disposed of in terms of the order passed by this Court in W.P. No.21216/2014 and connected writ petitions. However, it is made clear that this order would be subject to the decision of the Division Bench in W.A. No.2476/2015 and connected writ appeals.
Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks.
In view of disposal of the main matter, I.A.No.1/2021 does not survive for consideration and the same is disposed of accordingly.
Sd/-
JUDGE Vb /-