Kantappa Badiger And Ors vs The State Of Karnataka And Ors
2021 Latest Caselaw 3547 Kant

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         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

     DATED THIS THE 28TH DAY OF OCTOBER, 2021

                      BEFORE

         THE HON'BLE MR. JUSTICE M.I.ARUN

     WRIT PETITION NO.201507/2021 (S-RES)

BETWEEN:

1 . KANTAPPA BADIGER S/O IRANNA BADIGER,
    AGED ABOUT 54 YEARS,
    WORKING AS LECTURER IN HISTORY,
    SHRI SACHIDANANDA P.U. COLLEGE,
    RAWOOR, CHITTAPUR TALUK,
    KALABURAGI DISTRICT 585 225.

2 . SRI VIDHYADHAR KHANDAL
    S/O VEERSANGAPPA KHANDAL,
    AGED ABOUT 50 YEARS,
    WORKING AS HEAD MASTER,
    SHRI SACHIDANANDA HIGH SCHOOL
    RAWOOR, CHITTAPUR TALUK,
    KALABURAGI DISTRICT 585225.

3 . SRI SOMASHEKHAR I. BALI
    S/O IRANNA BALI,
    AGED ABOUT 50 YEARS,
    WORKING AS SECOND DIVISION ASSISTANT,
    SHRI SACHIDANANDA HIGH SCHOOL
    RAWOOR, CHITTAPUR TALUK,
    KALABURAGI DISTRICT 585225.

4 . SRI ISHAPPA S/O BASAVARAJ
    AGED ABOUT 42 YEARS,
    WORKING AS PEON
    SHRI SACHIDANANDA HIGH SCHOOL
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  RAWOOR, CHITTAPUR TALUK,
  KALABURAGI DISTRICT 585225.
                                       ... PETITIONERS

(BY SRI THYAGARAJA S. ADVOCATE)

And:

1 . THE STATE OF KARNATAKA
    REPRESENTED BY ITS PRINCIPAL SECRETARY,
    DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION,
    M.S BUILDING, BANGALORE 560 001.

2 . THE DIRECTOR,
    DEPARTMENT OF PRE-UNIVERSITY EDUCATION,
    18TH CROSS SAMPIGE ROAD, MALLESHWARAM,
    BENGALURU 560 009.

3 . THE ADDITIONAL COMMISSIONER FOR
    PUBLIC Instructions, KALABURAGI 585101.

4 . THE DIRECTOR,
    DEPARTMENT OF PUBLIC Instructions,
    OFFICE AT ADDITIONAL COMMISSIONER for
    PUBLIC Instructions, KALABURAGI 585101

5 . THE DEPUTY DIRECTOR
    PRE-UNIVERSITY EDUCATION,
    KALABURAGI DISTRICT,
    KALABURAGI 585101.

6 . THE DEPUTY DIRECTOR,
    PUBLIC INSTRUCTIONS,
    KALABURAGI DISTRICT,
    KALABURAGI 585101
                                      ... RESPONDENTS

(BY SRI MALLIKARJUN SAHUKAR, HCGP)
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      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE
A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS TO RECKON AND COUNT THE PAST SERVICE
RENDERED BY THE PETITIONERS FROM THE DATE OF THEIR
INITIAL APPOINTMENTS UPTO THE DATE OF APPROVAL OF
THEIR APPOINTMENTS WITH AID RESPECTIVELY FOR THE
PURPOSE OF FIXATION OF PAY SCALE, SENIORITY INCREMENTS
INCLUDING TBA, PENSIONARY BENEFITS AND OTHER
CONSEQUENTIAL SERVICE BENEFITS FLOWING THEREOF BY
DISPOSING THE PRESENT PETITIONS IN TERMS OF THE ORDER
OF THIS HONOURABLE COURT MADE WP NO.25447 OF 2010
DISPOSED OF BY ORDER DATED 16.08.2010 WHICH IS
AFFIRMED BY THE DIVISION BENCH OF THIS HONOURABLE
COURT IN WA NO.4788 OF 2010 DATED 22.09.2011 AND
HONOURABLE SUPREME COURT IN SLP (CIVIL) CC. NO.7365 OF
2012 DATED 02.07.2012 AND ORDER PASSED IN WP
NO.9670/2021 DATED 04.06.2021 VIDE ANNEXURES F, G, H
AND J RESPECTIVELY.

     THIS PETITION IS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                        ORDER

The petitioners were appointed as Teaching and Non-

teaching staff by the Management of one Sri Sachidananda

P.U.College, Rawoor, Chittapur Taluk, Kalaburagi District.

Thereafter, the post held by them have been admitted to

grant in aid by the State. However, while determining their

service conditions, the services rendered by them prior

their posts were being admitted as grant-in-aid has not

been considered. Aggrieved by the same, the petitioners

preferred the representation to the authorities vide

Annexure-E to the writ petition which is dated 19.04.2021.

As the same has not been considered by the authorities,

the instant writ petition is filed seeking writ of mandamus

directing the respondents-authorities to consider the

representation and determine the service conditions

accordingly.

2. Similar matters have been examined by this

Court and the prayers of the petitioners have been

granted, subject to result of Writ Appeal No.2476/2015.

This Court in Writ Petition No.9623-24/2015 disposed on

13.01.2016 while noticing the fact of 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."

3. The above propositions are admitted by the

learned High Court Government Pleader and he fairly

submits that the instant writ petition may also be disposed

on similar terms.

4. His submission is placed on record.

5. As the petitioners are similarly placed and

issue raised in this case is also similar, the instant writ

petition stands disposed of in terms of the aforesaid order

passed in Writ Petition No.9623-24/2015 by the Co-

ordinate Bench of this Court with a direction to consider

the case of the petitioners in accordance with law.

SD/-

JUDGE

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