Karnataka High Court
Sri. Eregowda vs The State Of Karnataka on 28 June, 2023
Bench: E.S.Indiresh
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NC: 2023:KHC:22699
WP NO.12310 OF 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO.12310 OF 2022 (S-RES)
BETWEEN:
1. SRI. EREGOWDA
S/O CHIKKEREGOWDA,
AGED ABOUT 72 YEARS,
RETIRED MECHANIC,
P.E.S. ENGINEERING COLLEGE,
MANDYA,
R/AT VEERABHADRESHWARA NILAYA,
19TH CROSS, V.V. NAGARA,
KALLAHALLI,
MANDYA DISTRICT - 574 101.
2. H.P. JAYARAMU
SINCE DECEASED REP. BY HIS WIFE
SMT. D. BHARATHI,
AGED ABOUT 58 YEARS,
R/AT NO.3823, 1ST CROSS,
SHANKARNAGARA,
Digitally signed by
ARUN KUMAR M S
NEAR WATER TANK,
Location: HIGH COURT MANDYA - 574 101.
OF KARNATAKA
3. SRI. NANJEGOWDA N.
S/O DODDAKARIGOWDA
AGED ABOUT 69 YEARS,
RETIRED PEON,
P.E.S. ENGINEERING COLLEGE,
MANDYA,
R/AT INDUVALA VILLAGE,
KOTTATI HOBLI,
MANDYA TALUK AND DISTRICT.
4. SRI. B.H. RAJU
S/O HANUMANTHAPPA
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WP NO.12310 OF 2022
AGED ABOUT 70 YEARS,
RETIRED LECTURER,
SRI NADIGA MALLAPPA PU COLLEGE,
NALLUR, CHANNAGIRI TALUK,
DAVANAGERE DISTRICT,
R/AT NO.72, SIDDARAMANAGAR,
HOSADURGA TALUK,
CHITRADURGA DISTRICT.
5. SRI. KARUNA PRASAD
S/O VEERABHADRAPPA
AGED ABOUT 59 YEARS,
WORKING AS SDA-CUM-TYPIST,
SMT. KOTE BORAMMA FIRST GRADE COLLEGE,
CHALLAKERE,
CHITRADURGA DISTRICT.
6. SRI. VISHWANATH G.C.
S/O CHIKKAVEERAPPA M.
AGED ABOUT 58 YEARS,
WORKING AS ASSISTANT TEACHER,
SRI. RANGANATHA HIGHER PRIMARY SCHOOL,
GANGAGONDANAHALLI THANDA,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT.
...PETITIONERS
(BY SRI. PADMANABHA R., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
M.S. BUILDING,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
(PRIMARY AND SECONDARY EDUCATION)
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M.S. BUILDING,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
3. COMMISSIONER FOR COLLEGIATE EDUCATION
PALACE ROAD,
BENGALURU - 560 001.
4. COMMISSIONER FOR PUBLIC INSTRUCTIONS
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
5. DIRECTOR FOR COLLEGIATE EDUCATION
PALACE ROAD,
BENGALURU - 560 001.
6. THE REGIONAL JOINT DIRECTOR
DEPARTMENT OF COLLEGIATE EDUCATION,
SHIVAMOGGA DISTRICT,
SHIVAMOGGA - 577 201.
7. THE DIRECTOR FOR PUBLIC INSTRUCTIONS
DEPARTMENT OF PRIMARY EDUCATION,
OFFICE OF COMMISSIONER FOR
PUBLIC INSTRUCTIONS,
OFFICE AT NRUPATHUNGA ROAD,
BENGALURU - 560 001.
8. THE DIRECTOR
DEPARTMENT OF TECHNICAL EDUCATION,
TANTRIKA SHIKSHANA BHAVANA,
PALACE ROAD,
BENGALURU - 560 001.
9. ACCOUNTANT GENERAL (A AND E)
IN KARNATAKA, PARK HOUSE,
PALACE ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. M.S. NAGARAJA, AGA )
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WP NO.12310 OF 2022
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENTS TO RECKON AND COUNT THE PAST
SERVICE RENDERED BY THE PETITIONERS FROM THE DATE OF
THEIR INITIAL APPOINTMENT UP TO THE DATE OF APPROVAL
OF THEIR APPOINTMENT WITH AID FOR THE PURPOSE OF
FIXATION OF PAY SCALE, SENIORITY, INCREMENTS
INCLUDING TBA, PENSIONARY BENEFITS AND OTHER
CONSEQUENTIAL SERVICE AND MONITORY BENEFITS
FLOWING THEREOF BY DISPOSING THE PRESENT PETITION IN
TERMS OF THE ORDER DATED 24TH JANUARY, 2022 PASSED IN
WRIT PETITION NO.24492 OF 2021 AND ORDER DATED 16TH
FEBRUARY, 2022 PASSED IN WRIT PETITION NO.3487 OF 2022
VIDE ANNEXURES 'H' AND 'J', RESPECTIVELY; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the grievance of petitioners is with
regard to consideration of past service rendered by them from
the date of their initial appointment till their appointment is
approved by the competent authority. Accordingly, petitioners
have sought for identical orders passed by this Court in the
case of SMT. P.C. GEETHA AND OTHERS vs. THE STATE OF
KARNATAKA AND OTHERS made in Writ Petition No.24492
of 2021 decided on 24th January, 2022 and in the case of R.G.
KRISHNAIAH AND ANOTHER vs. THE STATE OF
KARNATAKA AND OTHERS made in Writ Petition No.3487 of
2022 decided on 16th February, 2022.
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2. Heard Sri. Padmanabha R., learned counsel appearing
for petitioners and Sri. M.S. Nagaraja, learned Additional
Government Advocate appearing for respondents.
3. Having heard the learned counsel appearing for the
parties and taking into consideration the averments made in
writ petition, it is not in dispute that the petitioners are working
as Teaching and Non-Teaching staff in the private aided
institutions. The issue involved in this writ petition is
considered by this Court in the case of B.D.
VEERABHADRAPPA AND OTHERS vs. THE STATE OF
KARNATAKA AND OTHERS made in Writ Petition No.43017 of
2018 decided on 09th November, 2020. Accordingly, in terms
of the judgment rendered by this Court in the aforesaid writ
petition, the present writ petition is also disposed of.
SD/-
JUDGE
ARK
