Veerabadrappa K vs The State Of Karnataka
2022 Latest Caselaw 3437 Kant

             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

        DATED THIS THE 28TH DAY OF FEBRUARY 2022

                           BEFORE

        THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

          WRIT PETITION NO.104831/2021 (S RES)

BETWEEN:

1.      SRI VEERABADRAPPA K.,
        AGE 54 YEARS, OCC-WORKING AS A CRAFT TEACHER IN
        SRI. MARIKAMBA GIRLS HIGH-SCHOOL, KUSANUR,
        HANGAL -TALUK, HAVERI- DISTRICT.

2.      SRI GUTTEPPA
        S/O FAKKIRAPPA MAYAKKANAVAR,
        AGE 46 YEARS, OCC-WORKING AS A S.D.A. IN
        SRI. MARIKAMBA GIRLS HIGH SCHOOL, KUSANUR,
        HANGAL- TALUK, HAVERI-DISTRICT.
                                               ...PETITIONERS
        (BY SRI RAVI N. CHIKKARADDER, ADVOCATE)

AND :

1.      THE STATE OF KARNATAKA
        MINISTRY OF LAW PARLIAMENTARY AFFAIRS,
        REPRESENTED BY SECRETARY VIDHANA SOUDHA,
        BANGALURU 560001.

2.      THE GOVERNMENT OF KARNATAKA
        REPRESENTED BY ITS
        UNDER SECRETARY EDUCATION DEPARTMENT (PRIMARY),
        M.S. BUILDING BENGALURU-560001.

3.      THE DEPUTY OFFICE,
        PUBLIC EDUCATION DEPARTMENT,
        HAVERI-581110.
                               :2:



4.   THE HEAD MASTER,
     SRI. MARIKAMBA GIRLS HIGH SCHOOL KUSANUR,
     HANGAL. TALUK. HAVERI. DISTRICT-581110.
                                           ..RESPONDENTS

(BY SRI V.S.KALASURMATH, HCGP FOR RESPONDENT NO.1 TO 3)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227

OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF

CERTIORARI PERTAINING TO THE PETITIONERS, QUASHING THE

NOTIFICATION,    KARNATAKA      PRIVATE    AIDED    EDUCATION

INSTITUTIONS    STAFFS     (SALARIES,   PENSION    AND    OTHER

BENEFITS CONTROL) ACT, 2014 AT ANNEXURE-D AS NOTIFIED ON

12.2.2014, VIDE NO.SAMVYASHAE60 SHASANA 2013, ISSUED BY

THE RESPONDENT NO.1 AND ISSUE A WRIT OF MANDAMUS

DIRECTING THE RESPONDENT NO.1 AUTHORITIES TO TAKE INTO

ACCOUNT THE SERVICE OF THE PETITIONERS FROM THE DATE OF

ENTRY INTO SERVICE FOR THE PURPOSE OF COMPUTING THE PAY

SCALE,   SENIORITY   AND    OTHER   CONSEQUENTIAL        SERVICE

BENEFITS AS WELL AS PENSIONARY BENEFITS AND OTHER

LEGALLY ENTITLED BENEFITS.


     THIS PETITION COMING ON FOR PRELIMINARY HEARING,

THIS DAY, THE COURT MADE THE FOLLOWING:
                               :3:




                             ORDER

Both learned counsel for the petitioners and the learned

HCGP for respondent Nos.1 to 3 submit that the issue raised

in this writ petition is covered by the decision rendered by

this Court in Writ Petition Nos.100031-32/2016(S-RES).

Following the said decision, this writ petition is also

disposed of directing the State Government to re-fix the pay

of the petitioners in terms of the Judgment rendered in

Dr.B.K.Naik's case.

It is however made clear that the refixation of pay scale

is subject to the decision in Writ Appeal No.2476/2015 and

other connected matters.

Compliance within a period of three months from the

date of receipt of a copy of this order.

In view of disposal of the petition, pending

I.A.No.1/2021 does not survive for consideration, accordingly

same is also disposed off.

SD/-

JUDGE CKK