Sri.Ashok vs The State Of Karnataka
2022 Latest Caselaw 4230 Kant

         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

     DATED THIS THE 11 T H DAY OF MARCH, 2022
                          BEFORE
 THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

         WRIT PETITION NO.102532 OF 2017 (S-RES)

BETWEEN:

1.     SRI. ASHOK,
       S/O. KRISHNAPPA HAJAWAGOL,
       AGE: 49 YEARS,
       OCC: WORKING AS A LECTURER IN
       B. SHANKARANAND PRE-UNIVERSITY COLLEGE,
       KUDACHI, TQ. RAIBAG,
       DISTRICT: BELAGAVI.

2.     SMT. PRTIBHA,
       D/O. MARUTI SHINGE,
       AGE: 41 YEARS,
       OCC: WORKING AS A LECTURER IN
       B. SHANKARANAND PRE-UNIVERSITY COLLEGE,
       KUDACHI, TQ. RAIBAG,
       DISTRICT: BELAGAVI.

                                                 ... PETITIONERS
(BY SRI. RAVI N. CHIKKARADDER, ADV.)

AND:

1.     THE STATE OF KARNATAKA
       MINISTRY OF LAW AND PARLIAMENNTARY AFFAIRS,
       REPRESENTED BY SECRETARY,
       VIDHANA SOUDHA
       BENGALURU-560001.


2.     THE COMMISSIONER
       PRE-UNIVERSITY EDUCATION DEPARTMENT,
       SAMPIGE ROAD, MALLESHWARAM,
       18TH CROSS, BENGALURU-560018.
                                :2:




3.      THE DIRECTOR
        PRE-UNIVERSITY EDUCATION,
        PALACE ROAD, BENGALURU-560001.

                                                 ... RESPONDENTS
(BY SRI. V. S. KALASURMATH, HCGP FOR R1 TO 3)



     THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION
(KARNATAKA PRIVATE AIDED EDUCATION INSTITUTIONS STAFFS
SALARIES, PENSION AND OTHER BENEFITTS CONTROL) ACT, 2014 AT
ANNEXURE-B DATED ON 12.02.2014 VIDE NO.SAMVYASHAE60
SHASANA 2013, ISSUED BY THE RESPONDENT NO.1 IN THE LIGHT OF
THE DECISION OF THIS HON'BLE COURT IN WRIT PETITION
NO.100031-32/2016 AND ETC.

     THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                             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 was decided by this Court in Writ Petition

Nos.104831/2021(S-RES).

Following the said decision, this writ petition is also

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

the petitioner 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

SMM