Karnataka High Court

Smt Padmaja Y M vs The Government Of Karnataka on 5 November, 2024

Author: S.G.Pandit

Bench: S.G.Pandit

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                                                      NC: 2024:KHC:44469-DB
                                                        WA No. 866 of 2023
                                                   C/W WA No. 1164 of 2023



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 5TH DAY OF NOVEMBER, 2024
                                           PRESENT
                              THE HON'BLE MR JUSTICE S.G.PANDIT
                                             AND
                        THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

                             WRIT APPEAL NO. 866 OF 2023(S-RES)
                                            C/W
                             WRIT APPEAL NO. 1164 OF 2023 (S-RES)
                   IN WA No. 866/2023

                   BETWEEN:

                   1.    SRI G CHIDANANDAMURTHY
                         S/O GURUMURTHY G.S,
                         AGED ABOUT 57 YEARS,
                         ASSISTANT PROFESSOR OF BOTONY
                         SREE SIDDAGANGA COLLGE OF ARTS,
                         SCIENCE AND COMMERCE FOR WOMEN,
                         B.H ROAD,
                         TUMKUR-572 102.

                   2.    SRI. CHANDRAPPA C.T
                         S/O THIMMAPPA.C
                         AGED ABOUT 61 YEARS,
                         ASSISTANT PROFESSOR OF COMMERCE,
Digitally signed
by                       SREE SIDDAGANGA COLLGE OF ARTS,
MARIGANGAIAH             SCIENCE AND COMMERCE FOR WOMEN,
PREMAKUMARI
Location: HIGH           B.H ROAD,
COURT OF                 TUMKUR-572 102.
KARNATAKA

                   3.    SRI. SHASHIDHARA T.S
                         S/O SADASHIVAIAH,
                         AGED ABOUT 59 YEARS,
                         ASSISTANT PROFESSOR OF PHYSICS,
                         SREE SIDDAGANGA COLLEGE OF ARTS,
                         SCIENCE AND COMMERCE FOR WOMEN,
                         B.H ROAD,
                         TUMKUR-572 102.
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                                     WA No. 866 of 2023
                                C/W WA No. 1164 of 2023



4.   SRI. REVANASIDDAPPA G.R
     S/O LATE RAMANNA GALIGEKERE,
     AGED ABOUT 56 YEARS,
     ASST. PROFESSOR OF PHYSICS,
     SREE SIDDAGANGA COLLGE OF ARTS,
     SCIENCE AND COMMERCE FOR WOMEN,
     B.H ROAD,
     TUMKUR-572102.

5.   SRI. DAKSHINAMURTHY K
     S/O KALLESHAPPA,
     AGED ABOUT 57 YEARS,
     ASSISTANT PROFESSOR OF CHEMISTRY,
     SREE SIDDAGANGA COLLGE OF ARTS,
     SCIENCE AND COMMERCE FOR WOMEN,
     B.H ROAD,
     TUMKUR-572102.

6.   SRI.B.MARAPPA
     S/O ENJARAPPA
     AGED ABOUT 55 YEARS,
     ASST. PROFESSOR OF PHYSICS,
     SREE SIDDAGANGA COLLGE OF ARTS,
     SCIENCE AND COMMERCE FOR WOMEN,
     B.H ROAD,
     TUMKUR-572102.

7.   SRI. NIJALINGAPPA T.B
     S/O BASAVASLINGAIAH,
     AGED ABOUT 57 YEARS,
     ASSISTANT PROFESSOR OF CHEMISTRY,
     SREE SIDDAGANGA COLLEGE OF ARTS, SCIENCE
     AND COMMERCE FOR WOMEN,
     B.H ROAD,
     TUMKUR-572102.

8.   SRI PUTTASWAMY GOWDA M
     S/O THE LATE DYAVARAGIDDANA SIDDEGOWDA,
     AGED ABOUT 59 YEARS,
     ASSISTANT PROFESSOR
     DEPARTMENT OF ECONOMICS,
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                                      WA No. 866 of 2023
                                 C/W WA No. 1164 of 2023



     BHARATHI COLLEGE,
     BHARATHINAGAR (K.M DODDI)
     MADDUR TALUK,
     MANDAYA DISTRICT- 571422.

9.   DR.M.SWAMY
     S/O THE LATE MARIGOWDA,
     AGED ABOUT 59 YEARS,
     ASST. PROFESSOR OF ENGLISH,
     SRI JAGADGURU CHANDRASHEKHARA,
     BHARATHI MEMORIAL COLLGE,
     SRINGER-577139
     CHIKKAMAGALUR DIST.

                                            ...APPELLANTS
(BY SRI. JANARDHANA G., ADVOCATE)

AND:


1.   THE GOVERNMENT OF KARNATAKA
     MINISTRY OF HIGHER EDUCATION
     REPRESENTED BY ITS PRINCIPAL SECRETARY,
     TO EDUCATION,
     VIDHANA SOUDHA,
     DR. B.R. AMBEDKAR ROAD,
     BENGALURU-560 001.

2.   THE COMMISSIONER OF COLLEGIATE AND
     TECHNICAL EDUCATION
     UNNATHASIKSHANASOUDHA,
     SESHADRI ROAD,
     BENGALURU 560 001.

3.   THE REGIONAL JOINT DIRECTOR
     DEPARTMENT OF COLLEGIATE EDUCATION,
     KALIDASA MARG,
     BENGALURU - 560 009.

4.   THE PRINCIPAL
     SREE SIDDAGANGA COLLGE
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                                       WA No. 866 of 2023
                                  C/W WA No. 1164 of 2023



     OF ARTS, SCIENCE AND COMMERCE FOR WOMEN,
     B.H ROAD,
     TUMKUR-572 102.

5.   THE PRINCIPAL
     SREE SIDDAGANGA COLLGE
     OF ARTS, SCIENCE AND COMMERCE
     B.H ROAD,
     TUMKUR-572 102.

6.   THE PRINCIPAL
     BHARATHI COLLGE,
     BHARATHINAGAR (K.M DODDI)
     MADDUR TALUK,
     MANDAYA DISTRICT- 571 422.

7.   THE PRINCIPAL
     SRI JAGADGURU CHANDASHEKAHARA
     BHARATHI MEMORIAL COLLEGE
     SRINGERI-577139
     CHIKKAMAGALUR DISTRICT.
                                           ...RESPONDENTS

(BY SMT.SUKANYA BALIGA .,AGA FOR R-1 TO R-3;
     NOTICE TO R-3 TO R-7 ARE SERVED)

     THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE LEARNED
SINGLE JUDGE ORDER IN WP NO.127/2022 DATED 26/06/2023
IN DISMISSING THE WRIT PETITION AND CONSEQUENTLY
ALLOW THE SAME, AS PRAYED FOR.


IN WA NO. 1164/2023


BETWEEN:

1.   SMT PADMAJA Y M
     D/O MUTHANNA Y D
     AGED ABOUT 55 YEARS,
     ASSISTANT PROFESSOR OF KANNADA,
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                                     WA No. 866 of 2023
                                C/W WA No. 1164 of 2023



     SREE SIDDAGANGA COLLEGE OF ARTS,
     SCIENCE AND COMMERCE
     B.H.ROAD,
     TUMKUR - 572 102.

2.   SMT.SARVAMANGALA H.G.
     D/O GANGAPPA K
     AGED ABOUT 53 YEARS,
     ASSISTANT PROFESSOR OF ENGLISH,
     SREE SIDDAGANGA COLLEGE OF ARTS
     SCIENCE AND COMMERCE
     B.H.ROAD,
     TUMKUR - 572 102.
                                           ...APPELLANTS
(BY SRI. JANARDHANA G.,ADVOCATE)

AND:

1.   THE GOVERNMENT OF KARNATAKA
     MINISTRY OF HIGHER EDUCATION,
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     TO EDUCATION,
     VIDHANA SOUDHA,
     DR.B.R. AMBEDKAR ROAD,
     BENGALURU - 560 001

2.   THE COMMISSIONER OF COLLEGIATE AND
     TECHNICAL EDUCATION
     UNNATHA SIKSHANA SOUDHA
     SESHADRI ROAD
     BENGALURU - 560 001.

3.   THE REGIONAL JOINT DIRECTOR
     DEPARTMENT OF COLLEGIATE EDUCATION,
     KALIDASA MARG,
     BENGALURU - 560009.

4.   THE PRINCIPAL,
     SREE SIDDAGANGA COLLEGE OF ARTS,
     SCIENCE AND COMMERCE FOR WOMEN
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                                       WA No. 866 of 2023
                                  C/W WA No. 1164 of 2023



     B.H.ROAD
     TUMKUR - 572 102.

5.   THE PRINCIPAL,
     SREE SIDDAGANGA COLLEGE OF ARTS, SCIENCE
     AND COMMERCE FOR WOMEN
     B.H.ROAD
     TUMKUR - 572 102

6.   THE PRINCIPAL
     BHARATHI COLLEGE,
     BHARATHINAGAR (K.M. DODDI)
     MADDUR TALUK,
     MANDYA DISTRICT - 571 422.

7.   THE PRINICIPAL
     SRI JAGADGURU CHANDRASHEKHARA BHARATHI
     MEMORIAL COLLEGE,
     SRINGERI - 577 139
     CHIKKAMAGALUR DISTRICT.

8.   SRI.G. CHIDANANDAMURTHY
     S/O GURUMURTHY.G.S.,
     AGED ABOUT 57 YEARS,
     ASSISTANT PROFESSOR OF BOTANY
     SREE SIDDAGANGA COLLEGE OF ARTS, SCIENCE
     AND COMMERCE FOR WOMEN,
     B.H.ROAD,
     TUMKUR-572 102

9.   SRI.CHANDRAPPA.C.T,
     S/O THIMMAPPA.C.,
     AGED ABOUT 61 YEARS,
     ASSISTANT PROFESSOR OF COMMERCE,
     SREE SIDDAGANGA COLLEGE OF ARTS, SCIENCE
     AND COMMERCE FOR WOMEN,
     B.H.ROAD,
     TUMKUR-572 102

10. SRI.SHASHIDHARA.T.S.,
    S/O SADASHIVAIAH,
    AGED ABOUT 59 YEARS,
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                                   WA No. 866 of 2023
                              C/W WA No. 1164 of 2023



    ASSISTANT PROFESSOR OF PHYSICS
    SREE SIDDAGANGA COLLEGE OF ARTS, SCIENCE
    AND COMMERCE
    B.H.ROAD,
    TUMKUR-572 102

11. SRI. REVANASIDDAPPA.G.R.,
    S/O LATE RAMANNA GALIGEKERE,
    AGED ABOUT 56 YEARS,
    ASSISTANT PROFESSOR OF PHYSICS,
    SREE SIDDAGANGA COLLEGE OF ARTS,
    SCIENCE AND COMMERCE,
    B.H.ROAD
    TUMKUR-572 102

12. SRI. DAKSHINAMURTHY.K.,
    S/O KALLESHAPPA,
    AGED ABOUT 57 YEARS,
    ASSISTANT PROFESSOR OF CHEMISTRY,
    SREE SIDDAGANGA COLLEGE OF ARTS,
    SCIENCE AND COMMERCE FOR WOMEN
    B.H.ROAD
    TUMKUR-572 102

13. SRI.B.MARAPPA,
    S/O ENJARAPPA,
    AGED ABOUT 55 YEARS,
    ASSISTANT PROFESSOR OF PHYSICS,
    SREE SIDDAGANGA COLLEGE OF ARTS
    SCIENCE AND COMMERCE FOR WOMEN
    B.H.ROAD
    TUMKUR-572 102

14. SRI.NIJALINGAPPA.T.B.,
    S/O BASAVALINGAIAH,
    AGED ABOUT 57 YEARS,
    ASSISTANT PROFESSOR OF CHEMISTRY,
    SREE SIDDAGANGA COLLEGE OF ARTS,
    SCIENCE AND COMMERCE
    B.H.ROAD,
    TUMKUR-572 102
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                                    WA No. 866 of 2023
                               C/W WA No. 1164 of 2023




15. SRI. PUTTASWAMY GOWDA.M.,
    S/O THE LATE DYAVARAGIDDANA SIDDEGOWDA,
    AGED ABOUT 59 YEARS,
    ASSISTANT PROFESSOR-DEPARTMENT OF
    ECONOMICS
    BHARATHI COLLEGE
    BHARATHINAGAR (K.M. DODDI)
    MADDUR TALUK
    MANDYA DISTRICT-571 422

16   DR.M. SWAMY,
     S/O THE LATE MARIGOWDA,
     AGED ABOUT 59 YEARS,
     ASSISTANT PROFESSOR OF ENGLISH,
     SRI.JAGADGURU CHANDRASHEKHARA
     BHARATHI MEMORIAL COLLEGE
     SRINGERI-577 139
     CHIKKAMAGALUR DISTRICT.
                                       ...RESPONDENTS

(BY SMT.SUKANYA BALIGA,AGA FOR R-1 TO R-3;
    NOTICE SERVED TO R-3 & R-7)


      THE WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE LEARNED
SINGLE JUDGES ORDER IN WP NO.127/2022 DATED
26/06/2023 IN DISMISSING THE WRIT PETITION AND
CONSEQUENTLY ALLOW THE SAME, AS PRAYED FOR.

     THESE APPEALS, ARE COMING ON FOR FINAL HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:



CORAM:    HON'BLE MR JUSTICE S.G.PANDIT
          and
          HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
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                                         NC: 2024:KHC:44469-DB
                                          WA No. 866 of 2023
                                     C/W WA No. 1164 of 2023




                     ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE S.G.PANDIT)

Heard learned counsel Sri.Janardhan G for appellants

and Smt.B.Sukanya Baliga, learned Additional Government

Advocate for respondents.

2. Learned counsel Sri.Janardhan G for appellants after

arguing the matter at length, files a memo dated

05.11.2024, which reads as follows:

"The Appellants have filed the writ petition aggrieved by the Annexure-K-1 dated 17.01.2019 passed by the 2nd Respondent in not granting higher grade pay has recommended by their respective colleges at Respondent Nos.4 to 7. In the objection statement on behalf of the Respondents, the stand has been taken that 2nd Respondent sought for clarification from the Respondent No.1-Government with regard to granting of AGP either to count the service from the date on w3hich they were redeployed to Degree colleges are to count from the date on which they were granted UGC pay scales and the

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said issue is pending before the 1st Respondent.

In view of the said stand taken the Appellants may be permitted to approach the 1st Respondent for consideration of the request made in the writ petition with a fresh representation to that effect and the 1st Respondent to consider the same accordingly. With the said liberty this Hon'ble Court may be pleased to dispose of the appeal or in the alternate permit the appellants to withdraw the writ appeals with such liberty."

3. In sum and substance, the above memo seeks leave

to withdraw the writ appeals, with liberty to make fresh

representation to the State Government, seeking certain

benefits.

4. Memo is placed on record.

5. Both the writ appeals are dismissed as withdrawn,

with liberty to make such representation.

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It is needless to mention that, if such representation

is made, respondents to consider the same in accordance

with law, within a reasonable time.