Karnataka High Court
Smt Lata Aliyas Akkamahadevi D/O ... vs The State Of Karnataka on 18 February, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC-D:3240
WP No. 101115 of 2025
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 18TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.101115 OF 2025 (S-R)
BETWEEN:
SMT LATA @ AKKAMAHADEVI
D/O. LAXMANGOUDRA PATIL,
AGE: 61, OCC: RTD. LECTURER BASAVESHWAR
VIDYAVARDHAK SANGHA,
POLYTECHNIC BAGALKOT.
...PETITIONER
(BY SRI UMESH C. AINAPUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
MINISTRY OF LAW AND PARLIMENTARY
AFFAIRS, R/BY ITS SECRETARY,
VIDHAN SOUDHA, BENGALURU - 560 001.
2. DIRECTOR OF TECHNICAL EDUCATION,
PALACE ROAD, BENGALURU - 560 001.
Digitally signed by
VISHAL NINGAPPA
PATTIHAL 3. THE PRINCIPAL BASAVESHWAR
Location: High
Court of Karnataka, VIDYAVARDHAK SANGHA, POLYTECHNIC
Dharwad Bench,
Dharwad BAGALKOT, RAICHUR ROAD,
BAGALKOT - 587 101.
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE
PROVISIONS OF SECTION 3(1) AND (2) OF THE KARNATAKA
PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
REGULATION OF PAY, PENSION AND OTHER BENEFITS) ACT 2014
(KARNATAKA ACT 7 OF 2014) DATED 12/02/2014 MAPA 23 SHAK
VARSHA 1935 NO.115 VIDE ANNEXURE PASSED BY THE 1ST
RESPONDENT AS UNCONSTITUTIONAL AND CONSEQUENTLY STRUCK
DOWN THE SAID PROVISIONS AS ULTRA-VIRUS OF THE
-2-
NC: 2025:KHC-D:3240
WP No. 101115 of 2025
CONSTITUTION OF INDIA. ISSUE WRIT OF MANDAMUS DIRECTING
RESPONDENT NO.2 RELEASE PENSIONERY BENEFITS FROM THE
DATE OF INITIAL APPOINTMENT OF PETITIONER AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THERIEN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
The petitioner is before this Court seeking the
following prayers:
"I) Declare the provisions of section 3(1) and (2) of
the Karnataka Private Aided Educational
Institutions Employees Regulation of Pay, Pension
and other Benefits) Act 2014 (Karnataka Act 7 of
2014) dated 12/02/2014 MAPA 23 SHAK VARSHA
1935 no.115 vide Annexure passed by the 1st
respondent as unconstitutional and consequently
struck down the said provisions as ultra-virus of
the Constitution of india.
II) Issue writ of mandamus directing respondent
no.2 release pensionery benefits from the date of
initial appointment of petitioner.
III) Issue any other order or direction as this hon ble
court deems fit, just and proper under the facts
and circumstances of the case and allow the
petition with exemplary cost, in the interest of
justice and equity."
2. The petitioner is similarly situated or identically
placed as the petitioner in W.P.No.100438/2023, which is
disposed in terms of order dated 2nd August 2023. This
Court has held as follows:
NC: 2025:KHC-D:3240
1. The petitioner is before this Court seeking
for the following reliefs:
"i) Declare the provisions of Section 3(1)
and (2) of the Karnataka Private Aided Educational
Institutions Employees Regulation of pay, Pension
and other Benefits) Act 2014 (Karnataka Act 7 of
2014) dated 12/02/2014 No. ¸ÀA. ªÀå±ÁE. 60 ±Á¸À£À
2013 Bengaluru vide Annexure-G passed by the
1st respondent as unconstitutional and
consequently struck down the said provisions as
ultra virus of the Constitution of India.
ii) Issue any other order or direction as this Hon'ble
court deems fit, just and proper under the facts
and circumstances of the case and allow the
petition with exemplary cost, in the interest of
justice and equity."
2. Heard the learned counsel appearing for
the parties.
3. The petitioner joins the services of the fifth
respondent - Institution on 16.07.1984. The
Institution is admitted to grant on 5.2.2001. The issue
is whether the period between 16.07.1984 to 5.2.2001
should be reckoned for the purpose of calculation of
the service benefits to the petitioner.
4. Learned counsel for the petitioner submits
that the issue in the lis is pending consideration before
the Division Bench for it having been answered in
favour of the Teachers. In an order passed in the case
of Shri Manjunath K.R. S/o. Late Krishnaraje Urs
NC: 2025:KHC-D:3240
Vs. The State of Karnataka and others in W.P.
No.519/2021, disposed of on 10th February 2021,
noticing the fact that the matter is pending
consideration before the Division Bench, this Court in
identical circumstances has passed the following
order:
"2. The petitioner in the writ petition was
appointed as Lecture in Geography of a private aided
educational institution to teaching post. He contend that
his claim is covered in terms of order dated 16.08.2010
passed in W.P. No.25447/2010, order dated 22.09.2011
passed in W.A.No.4788/2010, order dated 02.07.2012
passed in Special Leave to Appeal (Civil) CC
No.7365/2012, the order dated 06.12.2012 passed by the
Apex Court in Review Petition (Civil) No.2364/2012,
Government Order dated 22.02.2013, the order dated
30.07.2013 passed in W.P.Nos.11299-11309/2013 and
the order dated 16.07.2013 passed in W.P.Nos.29293-
94/2013.
3. The learned Additional Government Advocate
appearing for the respondents-State would accept that
the matter is covered by the aforesaid judgments but
submits that the matter is pending before the learned
Division Bench.
4. This Court in W.P. Nos.9623-24/2015
disposed of on 13.01.2016, while noticing the fact of the
pendency of writ appeal No.2476/2015, has held as
follows:
"4. But in order to overcome the
judgments of this Court, the State had
enacted the Karnataka Private Aided
Educational Institutions Employees
(Regulations of pay, pension and Other
Benefits) Act, 2014, thereby denying the
pay scale of University Grants
Commission for the period mentioned
above. The said Act was challenged by
filing large numbers of writ petitions.
NC: 2025:KHC-D:3240
The writ petitions were decided by
common judgment in the case of Dr.
B.K. Naik (supra). By the said judgment,
this Court had struck down the Act as
unconstitutional. This Court had further
directed the Government to pay salary
to the petitioners therein, and to others
similarly situated persons, as was being
paid before the impugned enactment.
Therefore, the prayer of the petitioners
before this Court is to extend the
benefits of said judgment to them as
well.
5. The learned counsel for the State
submits that the judgment dated 10-7-
2015 passed in the case of Dr.B.K.Naik
(supra) has been challenged before a
learned Division Bench of this Court. The
relevant extract of the order dated 27-
11-2015 passed by the learned Division
Bench is as under:
"Insofar as the in-
service respondents are
concerned, we record the
statement of the learned
Advocate General that the
State shall go on paying
their current emoluments in
terms of the re-fixation,
subject, however, to the
result of the writ appeals.
However, they are
restrained from initiating any
recovery proceedings for
recovery of the arrears of
pay".
6. According to the said order,
the learned Division Bench has recorded
the statement of the learned Advocate
NC: 2025:KHC-D:3240
General that the State shall go on paying
their current emoluments in terms of the
re- fixation, subject to the result of the
writ appeals.
7. Considering the fact that the
learned Advocate General has made a
statement before the learned Division
Bench, and in the light of the
judgment passed in the case of Dr.B.K.
Naik (supra), this Court also directs the
State to re-fix the pay scale payable to
the petitioners. However, it should be
made amply clear that the re-fixation
of the pay scale would be subject to the
decision of the writ appeal pending
before this Court in Writ Appeal No.2476
of 2015."
5. Since the petitioner is similarly situated
and the issue raised is also similar, the writ
petition stands disposed in terms of the aforesaid
order passed by a Co-ordinate Bench of this
Court with a direction to consider the case of the
petitioner in accordance with law."
5. Further, in the case of Sri A.
Srikantegowda S/o. Appajigowda Vs. The State
of Karnataka in W.P. No.3443/2021, disposed off on
18th February 2021, wherein this Court had disposed
off the petition by observing as follows:
"2. The petitioner in the writ petition was
appointed as a Lecturer on 17.06.1991, to a
teaching post in Sri. Sardar Vallabhabai Patel PU
College, a private aided educational institution. He
contends that the claim is covered in terms of order
NC: 2025:KHC-D:3240
dated 16.08.2010 passed in W.P. No.25447/2010,
order dated 22.09.2011 passed in
W.A.No.4788/2010, order dated 02.07.2012 passed
in Special Leave to Appeal (Civil) CC No.7365/2012,
the order dated 06.12.2012 passed by the Apex
Court in Review Petition (Civil) No.2364/2012,
Government Order dated 22.02.2013, the order
dated 30.07.2013 passed in W.P.Nos.11299-
11309/2013 and the order dated 16.07.2013
passedin W.P.Nos.29293-94/2013.
3. The learned Additional Government
Advocate appearing for the respondents-State would
accept that the matter is covered by the aforesaid
judgments but submits that the matter is pending
before the learned Division Bench.
4. This Court in W.P. Nos.9623-24/2015
disposed of on 13.01.2016, while noticing the fact of
the pendency of writ appeal No.2476/2015, has
heldas follows:
"4. But in order to overcome the judgments
of this Court, the State had enacted the
Karnataka Private Aided Educational
Institutions Employees (Regulations of pay,
pension and Other Benefits) Act, 2014,
thereby denying the pay scale of University
Grants Commission for the period
mentioned above. The said Act was
challenged by filing large numbers of writ
petitions. The writ petitions were decided
by common judgment in the case of
Dr.B.K. Naik (supra). By the said
judgment, this Court had struck down the
Act as unconstitutional. This Court had
further directed the Government to pay
salary to the petitioners therein, and to
others similarly situated persons, as was
being paid before the impugned enactment.
Therefore, the prayer of the petitioners
before this Court is to extend the benefits
of said judgment to them as well.
NC: 2025:KHC-D:3240
5. The learned counsel for the State
submits that the judgment dated 10-7-
2015 passed in the case of Dr.B.K.Naik
(supra) has been challenged before alearned
Division Bench of this Court. The relevant
extract of the order dated 27-11- 2015
passed by the learned Division Bench is as
under:
"Insofar as the in-service
respondents are concerned, we
record the statement of the
learned Advocate General that
the State shall go on paying
their current emoluments in
terms of the re-fixation,
subject, however, to the result
of the writ appeals. However,
they are restrained from
initiating any recovery
proceedings for recovery of the
arrears of pay".
6. According to the said order, the
learned Division Bench has recorded the
statement of the learned Advocate General
that the State shall go on paying their
current emoluments in terms of the re-
fixation, subject to the result of the writ
appeals.
7. Considering the fact that the learned
Advocate General has made a statement
before the learned Division Bench, and in
the light of the judgment passed in the
case of Dr.B.K. Naik (supra), this Court
also directs the State to re-fix the pay scale
payable to the petitioners. However, it
should be made amply clear that the re-
fixation of the pay scale would be subjectto
the decision of the writ appeal pending
before this Court in Writ Appeal No.2476 of
2015."
5. Since the petitioner is similarly situated and
the issue raised is also similar, the writ petition stands
NC: 2025:KHC-D:3240
disposed in terms of the aforesaid order passed by a Co-
ordinate Bench of this Court with a direction to consider
the case of the petitioner in accordance with law."
6. Since the petitioner is similarly situated
and the issue is also similar, the writ petition would
stand disposed off in terms of aforequoted orders with
the direction to the State to consider the case of the
petitioner in accordance with law."
3. The petitioner would undoubtedly stand covered
by the observations made supra.
4. In that light, the petition stand disposed in
terms of aforequoted orders with the direction to the State
to consider the case of the petitioner in accordance with
law.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA)
JUDGE
NAA/CT-ASC
