Karnataka High Court
M.K.Biradar vs The State Of Karnataka on 24 January, 2022
Bench: E.S.Indiresh
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE E.S.INDIRESH
WRIT PETITION NO.207705 OF 2015 (S-RES)
Between:
1 . M.K.BIRADAR
SINCE DEAD BY LRS
1(A) PREMALA
W/O LATE M.K. BIRADAR
AGE 52 YEARS
OCC: HOUSEHOLD
R/O PLOT NO.144,
NEAR GOVERNMENT PRIMARY SCHOOL
JAYANAGAR, KALABURAGI 585 102
1(B) PARWATI
W/O RAMESH BIRADAR
AGE 35
OCC: HOUSEWIFE
R/O BASAVAKALYAN
DISTRICT: BIDAR
1(C) GANESH
S/O LATE M.K. BIRADAR
AGE 33 YEARS
OCC: PRIVATE WORK
R/O PLOT NO.144, NEAR GOVT. PRIMARY SCHOOL
JAYANAGAR, KALABURAGI - 585 102
1(D) MAHESH
S/O LATE M.K. BIRADAR
AGE 30
2
OCC: PRIVATE WORK
R/O PLOT NO.144, NEAR GOVT. PRIMARY SCHOOL
JAYANAGAR
KALABURAGI - 585 102
2 . N.G. AWARAD
AGE 60 YEARS,
OCC: RTD. ASSOCIATE PROFESSOR
MSI DEGREE COLLEGE,
KALABURAGI
R/O H.NO.2-910/65/158, JAYANAGAR
KALABURAGI-585102
3 . KALLAPPA TELI
AGE: 60 YEARS
RTD., LIBRARIAN
MSI DEGREE COLLEGE,
KALABURAGI
C/O N.G. AWARAD, JAYANAGAR
KALABURAGI-585102
4 . GIRIMALLAPPA HARAWAL
AGE: 62 YEARS,
OCC: RTD. PRINCIPAL
PRABHU ARTS & SCIENCE COLLEGE.
SORAPUR,
R/O LIG-112, SHANTI NAGAR,
KALABURAGI-585102
5 . SHIVASHARANAPPA BALI
AGE: 64 YEARS,
OCC: RTD. ASSOCIATE PROFESSOR,
S.S MARAGOL COLLEGE, SHAHABAD
R/O PLOT. NO. 85, DEVIKA NILAYA,
JAYANAGAR,
KALABURAGI-585102
...PETITIONERS
(By Sri R J BHUSARE, ADVOCATE)
3
AND
1 . THE STATE OF KARNATAKA
DEPARTMENT OF LAWS AND PARLIAMENTARY AFFAIRS
VIDHANA SOUDHA
BANGALORE-01
2 . DIRECTOR OF COLLEGIATE EDUCATION
GOVERNMENT OF KARNATAKA
SHESHADRI ROAD
BANGALORE-01
3 . JOINT DIRECTOR OF COLLEGIATE EDUCATION
REGIONAL OFFICE,
MINI VIDHANA SOUDHA
GULBARGA
4 . M.S.I. DEGREE COLLEGE REP BY PRINCIPAL
HKES, IWAN-ESHAHI ROAD,
KALABURAGI
5 . PRABHU ARTS & SCIENCE COLLEGE REP BY PRINCIPAL
SORAPUR
DIST: YADGIR
6. S.S. MARAGOL COLLEGE,
SHAHABAD
REP ITS PRINCIPAL
DIST: KALABURAGI
...RESPONDENTS
(By Sri VIRANAGOUDA BIRADAR, AGA FOR R1 TO R3
NOTICE TO R4 SERVED)
THIS W.P IS FILED UNDER ARTICLE 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO ALLOW THIS WRIT
PETITION AND ISSUE A WRIT OF CERTIORARI QUASHING THE
ORDER PASSEED BY THE 3RD RESPONDENT DATED 16.01.2014
PRODUCED AT ANNEXURE-A; DIRECT THE RESPONDENT TO PAY
4
THE ARREARS OF SALARY DEDUCTED IN-PURSUANCE OF
ANNEXURE-A; AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
Heard the learned counsel appearing for the parties.
2. Petitioners in this writ petition have sought for
quashing the order Annexure-A dated 16 th January, 2014 passed
by the third respondent herein. The relief sought for by the
petitioners in this petition is similar to the one raised and
considered by this Court in Writ Petition No.33900 of 2011
disposed of on 17th September, 2018. The said Writ Petition
came to be disposed of in view of the order passed in Writ
Petition No.12145 of 2011 disposed of on 28th March, 2011
wherein it has been held that the persons, who were similarly
situated like the petitioners in this writ petition, are entitled for
counting of past service for the purpose of monetary benefits.
The contention of the State was that the State has preferred
Writ Appeal No.2476 of 2015 challenging the order passed in
Writ Petition No.12145 of 2011 and the said appeal is pending
consideration. Based on the submission made by the learned
Additional Government Advocate, Writ Petition No.33900 of 2011
came to be disposed of reserving liberty to the petitioner therein
to make such representation to the authorities, in case if the writ
appeal preferred by the State is dismissed and if such a
representation is made by the petitioner, respondents therein
were directed to consider the same as per the orders passed by
this Court in Writ Petition No.12145 of 2011 (supra) with a
further observation that the consideration of the petitioner's case
shall be subject to the result of the judgment that is or to be
passed in the Writ Appeal No.2476 of 2015.
3. In the light of the order passed in Writ Petition
No.33900 of 2011 disposed of on 17th September, 2018, this writ
petition also stands disposed of. The petitioners are reserved
liberty to make such representation to the authorities and if such
a representation is made by the petitioners, the same shall be
considered in the light of the orders passed in Writ Petition
No.12145 of 2011 disposed of on 28 th March, 2011. It is also
made clear that the consideration of petitioners' case shall be
subject to the outcome of the Writ Appeal No.2476 of 2015
preferred by the State.
Sd/-
JUDGE
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