Sri Manjunatha M S vs The State Of Karnataka
2021 Latest Caselaw 1342 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 22ND DAY OF JANUARY 2021

                        BEFORE

      THE HON'BLE MR.JUSTICE M.NAGAPRASANNA

     WRIT PETITION No.33656 OF 2018 (S-RES)

BETWEEN :

Sri.Manjunatha M.S.,
S/o. Sharanendra M.C.,
Aged about 63 years,
Occ: Retired Head Master,
Worked at
Shree. Sharana Sangam
High School, Kumbalur,
Harihara (Tq),
Davanagere District-577530.
                                               ...Petitioner
(By Sri. Maruthi G.B., Advocate)(PH)

AND:

1.    The State of Karnataka,
      By its Secretary,
      Department of Primary Education,
      Multistoried Building, Vidhana Veedhi,
      Bengaluru - 560001.

2.    The Commissioner,
      Department of Primary Education,
      Nrupathunga Road,
      Bengaluru - 560001.
                           -2-




3.   The Deputy Director of Public Instructions,
     Administration,
     Department of Public Instructions
     Davanagere - 577002.

4.   The Block Education Officer,
     Harihara,
     Davanagere District-577601.
                                        ... Respondents
(By Smt. M.C.Nagashree, AGA)(PH)

      This Writ Petition is filed Articles 226 and 227 of
the Constitution of India praying to quash the
legislation called Karnataka Private Aided Education
Institutions Staff's (Salaries, Pension and other
Benefits Control) Act, 2014 vide Annexure-H as
notified on 12.02.2014 issued by the R-1 and etc.

     This Writ Petition coming on for Preliminary
Hearing this day, the court made the following:

                        ORDER

The petitioner in this writ petition has sought for

a direction by issuance of writ in the nature of

mandamus to the respondents herein to settle his

pension and service benefits taking into consideration

of the service from the date of his appointment till the

date of retirement.

2. The petitioner in the writ petition was

appointed as Assistant Teacher on 1.6.1993, to a

teaching post in the Shree Sharana Sangam High

School, Kumbalur, Harihar, a private aided educational

institution. He contends that the claim is covered in

terms of order dated 16.08.2010 passed in W.P.

No.25447/2010, order dated 22.09.2011 passed in

W.A.No.4788/2010, order dated 02.07.2012 passed in

Special Leave to Appeal (Civil) CC No.7365/2012, the

order dated 06.12.2012 passed by the Apex Court in

Review Petition (Civil) No.2364/2012, Government

Order dated 22.02.2013, the order dated 30.07.2013

passed in W.P.Nos.11299-11309/2013 and the order

dated 16.07.2013 passed in W.P.Nos.29293-94/2013.

3. The learned Additional Government Advocate

appearing for the respondents-State would accept that

the matter is covered by the aforesaid judgments but

submits that the matter is pending before the learned

Division Bench.

4. This Court in W.P. Nos.9623-24/2015

disposed of on 13.01.2016, while noticing the fact of

the pendency of writ appeal No.2476/2015, has held

as follows:

"4. But in order to overcome the judgments of this Court, the State had enacted the Karnataka Private Aided Educational Institutions Employees (Regulations of pay, pension and Other Benefits) Act, 2014, thereby denying the pay scale of University Grants Commission for the period mentioned above. The said Act was challenged by filing large numbers of writ petitions. The writ petitions were decided by common judgment in the case of Dr. B.K. Naik (supra). By the said judgment, this Court had struck down the Act as unconstitutional. This Court had further directed the Government to pay salary to

the petitioners therein, and to others similarly situated persons, as was being paid before the impugned enactment.

Therefore, the prayer of the petitioners before this Court is to extend the benefits of said judgment to them as well.

5. The learned counsel for the State submits that the judgment dated 10-7- 2015 passed in the case of Dr.B.K.Naik (supra) has been challenged before a learned Division Bench of this Court. The relevant extract of the order dated 27-11- 2015 passed by the learned Division Bench is as under:

"Insofar as the in-service respondents are concerned, we record the statement of the learned Advocate General that the State shall go on paying their current emoluments in terms of the re-fixation, subject, however, to the result of the writ appeals. However, they are restrained from initiating any recovery

proceedings for recovery of the arrears of pay".

6. According to the said order, the learned Division Bench has recorded the statement of the learned Advocate General that the State shall go on paying their current emoluments in terms of the re-fixation, subject to the result of the writ appeals.

7. Considering the fact that the learned Advocate General has made a statement before the learned Division Bench, and in the light of the judgment passed in the case of Dr.B.K. Naik (supra), this Court also directs the State to re-fix the pay scale payable to the petitioners. However, it should be made amply clear that the re- fixation of the pay scale would be subject to the decision of the writ appeal pending before this Court in Writ Appeal No.2476 of 2015."

5. Since the petitioner is similarly situated and

the issue raised is also similar, the writ petition stands

disposed in terms of the aforesaid order passed by a

Co-ordinate Bench of this Court with a direction to

consider the case of the petitioner in accordance with

law.

Sd/-

JUDGE

ckl