State Of Karnataka vs Narayana Rao P A
2023 Latest Caselaw 2883 Kant

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                                                        WA No. 553 of 2021




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 5TH DAY OF JUNE, 2023
                                       PRESENT
                        THE HON'BLE MR. JUSTICE ALOK ARADHE
                                         AND
                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                          WRIT APPEAL NO.553 OF 2021 (S-RES)
               BETWEEN:

               1.   STATE OF KARNATAKA BY ITS
                    PRINCIPAL SECRETARY TO GOVERNMENT
                    EDUCATION DEPARTMENT
                    (HIGHER EDUCATION), M S BUILDING
Digitally           BENGALURU-560001.
signed by
RUPA V                                                        ...APPELLANT
Location:      (BY SRI. B. RAJENDRA PRASAD, HCGP)
High Court
of Karnataka   AND:

               1.   NARAYANA RAO P.A.
                    S/O PARASHURAMA RAO
                    AGED ABOUT 59 YEARS
                    ASSISTANT DIRECTOR OF PHYSICAL EDUCATION
                    SAHYADRI ARTS AND COMMERCE COLLEGE
                    VIDYANAGAR, SHIVAMOGGA-577203.

               2.   THE KUVEMPU UNIVERSITY
                    BY ITS REGISTRAR 'JANAN SAHYADRI'
                    SHANKARAGHATTA-577451
                    BHADRAVATHI TALUK
                    SHIVAMOGGA DISTRICT.

               3. THE PRINCIPAL
                  SAHYADRI ARTS & COMMERCE COLLEGE
                  VIDYANAGAR, SHIVAMOGGA-577203.
                                                      ...RESPONDENTS
                                        ---
                   THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
               HIGH COURT ACT PRAYING TO CALL FOR RECORDS. SET
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                                        WA No. 553 of 2021




ASIDE THE IMPUGNED ORDER DATED 14.01.2019 PASSED BY
THE LEARNED SINGLE JUDGE IN W.P.NO. 47307/2016 (S-RES)
AS ILLEGAL. ISSUE ANY OTHER ORDER/S DIRECTIONS AS
THIS HON BLE COURT DEEMS FIT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

                      JUDGMENT

Mr.B.Rajendra Prasad, learned High Court

Government Pleader for the appellant.

This intra court appeal has been filed against an

order dated 14.01.2019 passed by the learned Single

Judge by which the writ petition preferred by the

respondent No.1 has been allowed.

2. The dispute in this appeal pertains to the issue

whether the respondent No.1 who was employed as an

Assistant Director of Physical Education, is a teacher

and is entitled to the benefit of age of superannuation of

62 years. The learned Single Judge, by placing reliance

on order dated 26.03.2014 passed in

W.P.No.2862/2014 and in W.P.Nos.441-443/2017, has

WA No. 553 of 2021

allowed the writ petition and has held the respondent to

be entitled to the benefit of superannuation at the age of

62 years.

3. Learned High Court Government Pleader fairly

submits that the orders dated 20.12.2018 passed by the

learned Single Judge in W.P.Nos.441-443/2017 was

challenged in W.A.No.317/2021 in which a Division

Bench of this Court was apprised that the order passed

by the learned Single Judge has been implemented.

Therefore, on the principle of parity, the order passed by

the learned Single Judge does not call for any

interference.

In the result, the appeal fails and is hereby

dismissed.

Sd/-

JUDGE

Sd/-

JUDGE RV