Sri Gurubasappa S/O Girimallappa ... vs The State Of Karnataka
2022 Latest Caselaw 4252 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.100029 OF 2022 (S-RES)

BETWEEN:

SRI. GURUBASAPPA
S/O. GIRIMALLAPPA GANIGER,
AGE: 42 YEARS, OCC: WORKING AS A TEACHER,
IN DR. AMBEDKAR EDUCATION SOCIETY'S MISHRIKOTI,
HIGHER PRIMARY SCHOOL, TQ. KALAGHATGI,
DISTRICT: DHARWAD-581204.
                                              ... 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 OF
       PUBLIC INSTRUCTIONS,
       EDUCATION DEPARTMENT,
       DHARWAD-1.

3.     THE HEAD MASTER,
       DR. AMBEDKAR EDUCATION SOCIETY'S
       MISHRIKOTI, HIGHER PRIMARY SCHOOL,
       TQ: KALAGHATGI,
       DISTRICT: DHARWAD-581204.



                                              ... RESPONDENTS
                                 :2:




      THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
PERTAINING TO THE PETITIONER, QUASHING THE LEGISLATION
CALLED      KARNATAKA        PRIVATE     AIDED      EDUCATION
INSTITUTIONSSTAFFS (SALARIES, PENSION AND OTHER BENEFITS
CONTROL) ACT, 2014 AT ANNEXURE-C AS NOTIFIED ON 12.02.2014
VIDE NO.SAMVYASHAE60 SHASANA 2013, ISSUED BY THE
RESPONDENT NO.1 AND ETC.

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

                               ORDER

The learned counsel for the petitioner 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