Karnataka High Court
Dr H M Thimme Gowda vs State Of Karnataka on 20 June, 2019
Author: P.B.Bajanthri
Bench: P.B.Bajanthri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2019
BEFORE
THE HON'BLE MR. JUSTICE P.B.BAJANTHRI
WRIT PETITION NOs. 10969-988 OF 2019 (S-RES)
BETWEEN
1. DR. H. M. THIMME GOWDA
S/O MUDALAGIRI GOWDA
AGED ABOUT 60 YEARS
RETIRED ASSOCIATE PROFESSOR
GOVERNMENT ARTS COMMERCE
AND POST GRADUATE COLLEGE (AUTONOMOUS)
HASSAN - 573 201.
2. DR. D.G. KRISHNE GOWDA
S/O GIDDE GOWDA
AGED ABOUT 59 YEARS
ASSOCIATE PROFESSOR
GOVERNMENT ARTS
COMMERCE AND POST
GRADUATE COLLEGE (AUTONOMOUS)
HASSAN - 573 201.
3. MR. MALLE GOWDA Y. P
S/O PUTTEGOWDA
AGED ABOUT 58 YEARS
ASSOCIATE PROFESSOR
GOVERNMENT ARTS
COMMERCE AND POST
GRADUATE COLLEGE (AUTONOMOUS)
HASSAN - 573 201.
4. MR. H.D. ANANDA SWAMY
S/O LATE H.M. DEVAPPA
GOWDA, AGED ABOUT 59 YEARS
ASSOCIATE PROFESSOR
2
GOVERNMENT ARTS COMMERCE
AND POST GRADUATE COLLEGE
(AUTONOMOUS), HASSAN - 573 201.
5. MR. T.P. PUTTARAJU
S/O PUTTAIAH
AGED ABOUT 59 YEARS
ASSOCIATE PROFESSOR
GOVERNMENT ARTS COMMERCE
AND POST GRADUATE COLLEGE
(AUTONOMOUS), HASSAN - 573 201.
6. MR. CHANDRE GOWDA
S/O NANJE GOWDA
AGED ABOUT 50 YEARS
ASSOCIATE PROFESSOR
GOVERNMENT ARTS COMMERCE
AND POST GRADUATE
COLLEGE (AUTONOMOUS)
HASSAN - 573 201.
7. MR. RAJAPPA C
S/O CHIKKATHIMMAPPA
AGED ABOUT 57 YEARS
ASSOCIATE PROFESSOR
GOVERNMENT ARTS
COMMERCE AND POST GRADUATE
COLLEGE (AUTONOMOUS)
HASSAN - 573 201.
8. MR. M. ANNAIAH
S/O MANTHRI GOWDA
AGED ABOUT 59 YEARS
ASSOCIATE PROFESSOR
GOVERNMENT ARTS
COMMERCE AND POST GRADUATE
COLLEGE (AUTONOMOUS)
HASSAN - 573 201.
9. MRS. H.K. LALITHA DEVI
D/O H.C.K. GOWDA
3
AGED ABOUT 57 YEARS
ASSOCIATE PROFESSOR
GOVERNMENT ARTS COMMERCE
AND POST GRADUATE COLLEGE
(AUTONOMOUS), HASSAN - 573 201.
10. DR. UDAYA KUMAR
S/O SIDDARAME GOWDA
AGED ABOUT 57 YEARS
ASSOCIATE PROFESSOR
GOVERNMENT ARTS COMMERCE
AND POST GRADUATE COLLEGE
(AUTONOMOUS), HASSAN - 573 201.
11. DR. VEENA H.N
D/O N.S. NAGARAJ
AGED ABOUT 54 YEARS
ASSOCIATE PROFESSOR
GOVERNMENT ARTS COMMERCE
AND POST GRADUATE COLLEGE
(AUTONOMOUS) HASSAN - 573 201.
12. DR. VIDYA H N
D/O N.S. NAGARAJ
AGED ABOUT 53 YEARS
ASSOCIATE PROFESSOR
GOVERNMENT ARTS COMMERCE
AND POST GRADUATE COLLEGE
(AUTONOMOUS), HASSAN 573201.
13. MR. SHIVANNA GOWDA
S/O DODDE GOWDA
AGED ABOUT 59 YEARS
ASSOCIATE PROFESSOR
GOVERNMENT ARTS COMMERCE
AND POST GRADUATE COLLEGE
(AUTONOMOUS), HASSAN - 573 201.
14. MR. SHIVAPRASAD P
S/O P. RAMA BHAT
AGED ABOUT 51 YEARS
4
ASSOCIATE PROFESSOR
GOVERNMENT ARTS COMMERCE
AND POST GRADUATE COLLEGE
(AUTONOMOUS) HASSAN - 573 201.
15. DR. H.S. SUNANDA
D/O H.A. SANNAPPA
AGED ABOUT 56 YEARS
ASSOCIATE PROFESSOR
A.V.K COLLEGE FOR WOMEN,
HASSAN - 573 201.
16. MR. RAGHAVENDRA A
S/O K.A SRINIVASA BHAT
AGED ABOUT 46 YEARS
ASSOCIATE PROFESSOR
GOVERNMENT ARTS COMMERCE
AND POST GRADUATE COLLEGE
(AUTONOMOUS), HASSAN - 573 201.
17. MR. M.B. IRSHAD
S/O BASHA
AGED ABOUT 51YEARS
ASSOCIATE PROFESSOR
GOVERNMENT ARTS COMMERCE
AND POST GRADUATE COLLEGE
(AUTONOMOUS), HASSAN - 573 201.
18. MR. K.N. RAMESHA
S/O NANJUNDEGOWDA
AGED ABOUT 41 YEARS
ASSOCIATE PROFESSOR
GOVERNMENT ARTS COMMERCE AND
POST GRADUATE COLLEGE (AUTONOMOUS)
HASSAN - 573 201.
19. MR. H.D. DEVARAJA
S/O DEVAIAH
AGED ABOUT 47 YEARS
ASSISTANT PROFESSOR
GOVERNMENT ARTS COMMERCE
5
AND POST GRADUATE COLLEGE
(AUTONOMOUS), HASSAN - 573 201.
20. MRS. RATHNA. Y. D
D/O DEVEGOWDA
AGED ABOUT 37 YEARS
ASSISTANT PROFESSOR
GOVERNMENT ARTS COMMERCE AND
POST GRADUATE COLLEGE
(AUTONOMOUS), HASSAN - 573 201.
... PETITIONERS
(BY SRI. RAMANANDA A. D., ADV.,)
AND
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
EDUCATION DEPARTMENT
(HIGHER EDUCATION)
M. S. BUILDING
BENGALURU - 560 001.
2. THE PRINCIPAL SECRETARY TO GOVERNMENT
FINANCE DEPARTMENT,
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU - 560 001.
3. THE COMMISSIONER FOR
COLLEGIAE EDUCATION
IN KARNATAKA, PALACE ROAD,
BENGALURU - 560 001.
4. UNION OF INDIA
BY ITS SECRETARY TO GOVERNEMNT
MINISTRY OF HUMAN
RESOURCE DEVELOPMENT
DEPARTMENT OF HIGHER EDUCATION
SHASTRI BHAVAN
NEW DELHI - 110 001.
6
5. THE ACCOUNTANT
GENERAL IN KARNATAKA (A & E)
PARK HOUSE,
BENGALURU - 560 001.
NEW DELHI -110 001.
... RESPONDENTS
(BY SMT. M.S. PRATHIMA, AGA FOR R-1 TO R-3
SRI. S.R. DODAWAD, CGC FOR R-4 & R-5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTION TO THE RESPONDENTS TO COMPLY THE ORDERS
PASSED IN W.P.NOs.6609-6785 OF 2018 DATED 7.3.2018 TO
PAY THE ARREARS OF SALARY AND OTHER EMOLUMENTS AS
PER REVISED PAY SCALES TO THE PETITIONERS AND AS PER
THE DETAILS OF BALANCE OF ARREARS OF AMOUNT WITH
INTEREST TO BE PAID TO PETITIONER VIDE ANNEXURE-B IN
TERMS OF THE JUDGEMENT PASSED VIDE ANNEXURE-A
ANNEXED TO THIS W.P.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
In the instant Writ Petitions, the petitioners have sought for the following reliefs:
"(a) Issue a Writ of Mandamus or any other appropriate Writ Order or direction to the respondents to comply the orders passed in W.P. Nos.6609-6785/2018 dated 07.03.2018 to pay the arrears of salary and other emoluments as per revised pay scales to the Petitioners and as per the 7 details of balance of arrears of amount with interest to be paid to the petitioners vide Annexure-B in terms of the judgment passed vide Annexure-A annexed to this Writ Petition.
(b) Issue any other appropriate Writ order or direction as this Hon'ble Court may be pleased to grant, in the interest of justice and equity."
2. It seems, the petitioners are entitled for certain arrears of amount along with interest in terms of various decisions of this court and read with the statement made by the respondents in those proceedings. If the petitioners are entitled for certain arrears of amount from the respondents, they are required to make necessary demand before the appropriate authority.
3. Perusal of the materials on record reveal that there is no demand by the petitioners so as to seek Writ of Mandamus against the concerned respondents. 8
4. The Hon'ble Supreme Court in the case of Mani Subrat Jain & Others Vs. State of Haryana and others reported in (1977) 1 SCC 486 has held that in the absence of any statutory right and demand, writ of mandamus cannot be entertained.
5. With the aforesaid observation, the Writ Petitions are hereby dismissed.
The petitioners are permitted to approach the competent authority by making necessary application/representation & documents. If any such application/representation & documents are submitted within a period of four weeks from today, the concerned authority is hereby directed to examine and take positive decision and communicate the decision to the petitioners at the earliest.
Sd/-
JUDGE SA Ct:sr