Karnataka High Court
Smt.Shashikala Mahalingappa ... vs The State Of Karnataka on 29 July, 2021
Author: S.Vishwajith Shetty
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 29th DAY OF JULY 2021
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
W.P.No.104793/2018 & W.P.Nos.103789-793/2019
& W.P. Nos.105941-943/2019 (S-RES) C/W
W.P.No.104794/2018 & W.P.Nos.112994-998/2019
& W.P. No.112999/2019 (S-RES)
In W.P.No.104793/2018 & W.P.Nos.103789-793/2019
& W.P. Nos.105941-943/2019
BETWEEN
1. SRI.MALLAPPA S/O SHIVALINGAPPA
DHUMAGOND, AGE:34 YEARS,
OCC:ASSISTANT TEACHER
R/O LALASANGI, POST GOLASAR,
TQ:INDI, DIST:.VIJAYAPUR
NOW AT JAI HIND HIGH SCHOOL,
SHALMALA NAGAR, KHALAGATAGI ROAD,
DHARWAD
2. SRI RAVIKUMAR S/O MAHALINGESWAR
BHUTTANNAVAR, AGE:45 YEARS,
OCC:SEND DIVISION ASSISTANT,
R/O BANDI ONI, SAVADATTI,
TQ:SAVADATTI, DIST:BELAGAVI
3. SRI VISWANATH S/O SHANKARAPPA
TALAWAR @ VISWANATH T.S.
AGE:44 YEARS,
OCC:ASSISTANT MASTER,
R/O KAVYA KORI
H.NO.298, HARAPPANAHALLI,
TQ:HARAPPANAHALLI,
DIST:BELLARI
2
4. SRI UMESH S/O PRABHAKARHUDDAR
AGE:51 YEARS, OCC:ASSISTANT MASTER
R/O TADAKOD ONI, DHARWAD
TQ:DIST:DHARWAD
5. SRI DATTATREYA S/O MOHAN KULKARNI
AGE:46 YEARS, OCC:ASSISTANT MASTER
R/O HO.NO.102, R.K.NAGAR, DHARWAD
TQ AND DIST:DHARWAD
6. SRI NAGARAJ S/O BHIMAPPAPATTAR
AGE:48 YEARS,
OCC:DRAWING MASTER
R/O A/POST.BADIGER ONI, NAVALUR,
TQ AND DIST:DHARWAD
7. SRI BRAHASPATI S/O GANAGAPPASHIVALLI
AGE:52 YEARS, OCC:ASSISTANT MASTER
R/O ARAHATTI POST TADAKOD,
TQ: NAVALAGUND DIST:DHARWAD
8. SRI SHANKARAPPA S/O BHIMAPPA LAMANI
AGE:58 YEARS, OCC: ASSISTANT MASTER,
R/O A/P AMINAGAD, TQ:HUNGUND
DIST.BAGALKOT
9. SRI KUMBARHALAPPABASAVARAJ
@ K.H.BASAVARAJ, AGE:55 YEARS,
OCC:ASSISTANT MASTER,
R/O HIPPINATOTA, IV WARD,
HARAPANAHALLI, TQ:HARAPANAHALLI,
DIST.BELLARI. ...PETITIONERS
(BY SRI. HEMANTHKUMAR L. HAVARAGI, ADVOCAE)
AND
1. THE STATE OF KARNATAKA
REPT BY THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANASOUDHA, BENGALURU
2. THE STATE OF KARNATAKA
3
REPT BY THE PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
VIDHANASOUDHA, BENGALURU
3. THE DEPUTY COMMISSIONER
DHARWAD DIST.DHARWAD
D.C.COMPOUND, DHARWAD
4. THE COMMISSIONER
DEPARTMENT OF PUBLIC EDUCATION
DHARWAD DIVISION,
DHARWAD
5. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, DHARWAD
D.C.COMPOUND, DHARWAD
6. THE DEPUTY DIRECTOR
DEPARTMENT OF PUBLIC EDUCATION
DHARWAD DIST, DHARWAD
7. THE BLOCK EDUCATION OFFICER
DHARWAD, TQ AND DIST:DHARWAD
8. THE PRESIDENT
NAVABHARATA EDUCATION
AND PLATATION FORMERS
SOCIETY, SHALMALA NAGAR, DHARWAD
9. THE SECRETARY
NAVABHARATA EDUCATION AND PLATATION
FORMERS SOCIETY, SHALMALA NAGAR,
DHARWAD
10. THE HEAD MASTER
JAI HIND HIGH SCHOOL
SHALMALA NAGAR, DHARWAD. ...RESPONDENTS
(BY SRI. VINAYAK S.KULKARNI, AGA FOR R1 TO R7
SRI. ASHOK T.KATTIMANI, ADVOCATE FOR R8 TO R10)
These writ petitions are filed under Articles 226 & 227 of the
Constitution of India, praying for a writ in the nature of
4
mandamus directing the respondent Nos.4 & 5 to consider the
petitioner's request of service benefits from the date their
appointments as per order dated 04.08.1993 and order dated
10.07.2015 passed by this Hon'ble Court in W.P.No.13079/1992
and W.P. No.21216/2014; and a writ in the nature of mandamus
directing the respondent Nos.4 to 6 to consider the
representations dated 05.12.2007, 11.01.2008, 24.03.2008,
21.03.2009, 16.12.2010 and 18.01.2012 made by the petitioners
vide Annexures-E to E11, Annexures-G to G10, Annexures-J to J5
and Annexures-L to L15 respectively.
In W.P.No.104794/2018 & W.P.Nos.112994-998/2019
& W.P. No.112999/2019 (S-RES)
1. SMT.SHASHIKALA MAHALINGAPPA
BUTTANNAVAR, AGE: 48 YEARS,
OCC: ASSISTANT MASTER,
R/O: BANDI ONI, SAVADATTI,
TQ: SAVADATTI, DIST: BELAGAVI.
2. SMT.SUREKHA VASANT JOSHI
AGE: 49 YEARS,
OCC: ASSISTANT MASTER,
R/O: WALMIKI ONI,
HOSAYALLAPUR, DHARWAD,
TQ and DIST: DHARWAD.
3. SRI.SHANKARAGOUDA
S/O BASAVANNEPPA GANIGER,
AGE: 58 YEARS, OCC: ASSISTANT MASTER,
R/O: HORAPETI ONI, RON, TQ: RON,
DIST: GADAG.
4. SRI.SANTOSHKUMAR S/O TEJAPPA PUJAR
AGE: 32 YEARS, OCC: ASSISTANT MASTER,
R/O: SHALMA NAGAR, KHALAGATAGI ROAD,
DHARWAD, TQ and DIST: DHARWAD.
5. SRI.RAGHAVENDRA
S/O PANDURANG KOLAKAR,
AGE: 36 YEARS,
OCC: ASSISTANT MASTER,
5
R/O: SWAGATH COLONY,
GOPAN KOPPA, HUBBALLI,
TQ: HUBBALLI,
DIST: DHARWAD.
6. SRI.GURURAJ S/O RAGHAVENDRA FADNIS
AGE: 44 YEARS, OCC: P.E. TEACHER,
R/O: NAVANAGAR, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
7. SRI RAVINDRA S GUJJAL,
AGE: 45 YEARS, OCC:ASSISTANT MASTER
R/O SHALMALA NAGAR, DHARWAD,
DIST:DHARWAD. ...PETITIONERS
(BY SRI. HEMANTHKUMAR L. HAVARAGI, ADVOCAE)
AND
1. THE STATE OF KARNATAKA
REPT BY THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANASOUDHA, BENGALURU
2. THE STATE OF KARNATAKA
REPT BY THE PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
VIDHANASOUDHA, BENGALURU
3. THE DEPUTY COMMISSIONER
DHARWAD DIST.DHARWAD
D.C.COMPOUND, DHARWAD
4. THE COMMISSIONER
DEPARTMENT OF PUBLIC EDUCATION
DHARWAD DIVISION,
DHARWAD
5. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, DHARWAD
D.C.COMPOUND, DHARWAD
6. THE DEPUTY DIRECTOR
6
DEPARTMENT OF PUBLIC EDUCATION
DHARWAD DIST, DHARWAD
7. THE BLOCK EDUCATION OFFICER
DHARWAD, TQ AND DIST:DHARWAD
8. THE PRESIDENT
NAVABHARATA EDUCATION
AND PLATATION FORMERS
SOCIETY, SHALMALA NAGAR, DHARWAD
9. THE SECRETARY
NAVABHARATA EDUCATION AND
PLATATION FORMERS SOCIETY,
SHALMALA NAGAR, DHARWAD
10. THE HEAD MASTER
SMT. LAKSHMIBAI KAMBLE PRIMARY
SCHOOL, SHALMALA NAGAR,
DHARWAD. ...RESPONDENTS
(BY SRI. VINAYAK S.KULKARNI, AGA FOR R1-R4, R6 & R7
SRI. ASHOK T.KATTIMANI, ADVOCATE FOR R8 TO R10)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING FOR A WRIT IN
THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT
NOS.4 & 5 TO CONSIDER THE PETITIONER'S REQUEST OF
SERVICE BENEFITS FROM THE DATE THEIR APPOINTMENTS AS
PER ORDER DATED 04.08.1993 AND ORDER DATED 10.07.2015
PASSED BY THIS HON'BLE COURT IN W.P.NO.13079/1992 AND
W.P. NO.21216/2014; AND A WRIT IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NOS.4 TO 5 TO
CONSIDER THE REPRESENTATIONS DATED 10.01.2008,
05.03.2009 & 07.09.2017MADE BY THE PETITIONER NOS.1, 2 & 4
TO 7 RESPECTIVELY REQUESTING FOR SERVICE BENEFITS FROM
THE DATE THER APPOINTMENTS VIDE ANNEXURES-D TO D17
RESPECTIVELY.
THESE WRIT PETITION COMING ON FOR ORDERS THIS DAY
THE COURT MADE THE FOLLOWING:-
7
ORDER
These two writ petitions are filed by the teaching and
non-teaching staff of respondent Nos.8, 9 & 10-institutions, with a
prayer to issue a writ of mandamus directing the respondent
Nos.4 & 5 to consider the petitioners' request for payment of
service benefits from the date of their appointment as per the
order dated 04.08.1993 and the order dated 10.07.2015 passed
by this Court in W.P. No.13079/1992 and W.P. No.21216/2014
and also for a writ of mandamus directing the respondent Nos.4 to
6 to consider the representations made by them for granting
seniority and other service benefits from the date of their
appointments.
2. It is the case of the petitioners that they have been
appointed by respondent Nos.8 to 10 institutions as teaching and
non-teaching staff and their appointments have been approved on
various dates by admitting them to grant-in-aid, and that the non-
grant period is not considered for the purpose of seniority and
fixing payscale. It is the grievance of the petitioners that, on
account of the State's decision to exclude the non-grant period for
the purpose of reckoning seniority and other service benefits,
some of the similarly situated teaching and non-teaching staff of
aided institution had approached this Court seeking for a direction
to the State to include the non-grant period also for the service
benefits and the same came to be allowed and said order was
affirmed by the Division Bench of this Court and also by the
Hon'ble Apex Court. Having regard to the said judgments, the
petitioners have made necessary representations before
respondent Nos.4 to 6 with a prayer to grant service benefits from
the date of their appointment in terms of the order passed by this
Court. However, the said representations are not being
considered.
3. Learned counsel for the petitioners submits that the
matter is covered by the judgment of this Court in
W.P.No.21216/2014 and connected writ petitions disposed of on
10.07.2015 wherein, this Hon'ble Court has struck 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 Constitution of India and also
encroaches upon the judicial powers of the Courts as discussed
therein. Learned counsel for the petitioner submits that the said
enactment was brought into force by the State having suffered
various orders at the hands of this Court wherein the State
Government was directed to consider the case of the teaching and
non-teaching staff of the aided institution for granting service
benefits from the date of their appointment. He submits that, it is
in this background, a Co-ordinate Bench of this Court, while
striking down the Act of 2014, had further directed the
respondent-State to continue to pay salary or pension as the case
may be to the petitioners and similarly placed persons as was
being paid pursuant to its earlier orders, as it was being paid prior
to impugned enactment. Learned counsel for the petitioners
submits that in spite of this Court specifically directing the State
Government to even consider the case of similarly placed persons
for granting service benefits from the date of their appointment,
respondent Nos.4 to 6 have failed to consider the case of the
petitioners and therefore, they have approached this Court.
4. Learned Additional Government Advocate appearing
for the respondents-State does not dispute that the matter is
covered by the judgment of this Court in W.P. No.21216/2014 and
connected writ petitions. However, he submits that the said order
passed by the Co-ordinate Bench of this Court has been
challenged by the State in Writ Appeal No.2476 of 2015 and
connected writ appeals and the Division Bench of this Court has
granted an interim order in the said appeal.
5. I have given my anxious consideration to the
submissions made by the learned counsel appearing on both sides
and also perused the material on record.
6. Since it is not disputed that the dispute involved in
these writ petitions is covered by the order of this Court passed in
W.P. No.21216/2014, even the present writ petitions are required
to be disposed of in terms of the order passed by the Co-ordinate
Bench of this Court in W.P. No.21216/2014. However, this order
will be subject to the result of the Writ Appeal No.2476/2015 and
connected writ appeals, which are pending consideration before
the Division Bench of this Court. The concerned respondents shall
consider the case of the petitioners, who are stated to be in
service, for paying them the current emoluments in terms of
refixation subject to the result of the writ appeals. Accordingly,
the writ petitions are disposed of.
Sd/-
JUDGE
Kms
