Karnataka High Court
N.R. Joshi S/O Ramachandra Joshi vs The State Of Karnataka on 2 August, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC-D:8123
WP No. 116809 of 2019
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 2ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 116809 OF 2019 (S-RES)
BETWEEN:
N.R. JOSHI S/O RAMACHANDRA JOSHI,
AGED ABOUT 60 YEARS,
R/AT: POST KAVALAKKI,
HONNAVAR TALUK,
UTTARA KANNADA DISTRICT-581334.
... PETITIONER
(BY SRI. CHETAN MUNNOLI &
SRI. ASHOK MESTA, ADVOCATES)
AND:
Digitally 1. THE STATE OF KARNATAKA,
signed by
VISHAL REPRESENTED BY ITS SECRETARY,
VISHAL NINGAPPA
NINGAPPA PATTIHAL DEPARTMENT OF EDUCATION
PATTIHAL Date: (HIGHER EDUCATION),
2023.08.03
10:27:37 GOVERNMENT OF KARNATAKA,
+0530
M.S. BUILDNG, BENGALURU-560001.
2. BLOCK EDUCATION OFFICER (B.E.O.),
DEPARTMENT OF PUBLIC INSTRUCTION,
GOVERNMENT OF KARNATAKA, HONNAVARA,
UTTARA KANNADA DISTRICT-581334.
3. DEPUTY DIRECTOR,
DEPARTMENT OF PUBLIC INSTRUCTION,
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NC: 2023:KHC-D:8123
WP No. 116809 of 2019
DDPI, KARWAR,
UTTARA KANNADA DISTRICT-581301.
4. SHRI. SUBRAHMANYA VIDYA SAMSTHE,
REPRESENTED BY ITS PRESIDENT,
KAVALAKKI, HONNAVAR TALUK,
UTTARA KANNADA DISTRICT-581334.
5. THE HEAD MASTER,
SHRI. SUBRAHAMANYA COMPOSITE P.U.
COLLEGE (HIGH SCHOOL SECTION),
KAVALAKKI, HONNAVAR TALUK,
UTTARA KANNADA DISTRICT-581334.
... RESPONDENTS
(BY SRI. V S KALASURMATH, HCGP FOR R1-R3;
R4 & R5 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICELS 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE AN APPROPRIATE WRIT, ORDER, OR DIRECTION,
DECLARING THE ORDER NO.ED 241 SLB 2014, DATED
15.11.2014 ISSUED BY RESPONDENT NO.1 VIDE
ANNEXURE-J, IN SO FAR AS IT IMPOSES THE CONDITION
THAT THE PETITIONER SHALL UNDERTAKE NOT TO CLAIM
PAY FIXATION, LEAVE AND PENSION FOR THE NON-
GRANT PERIOD, THAT IS FROM 05.07.1991 TO
15.11.2014,IS ILLEGAL, VOID AND NOT BINDING ON THE
PETITIONER & ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:8123
WP No. 116809 of 2019
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
"A. Issue an appropriate writ, order, or direction, declaring the order No.ED 241 SLB 2014, dated 15.11.2014 issued by Respondent No.1 vide ANNEXURE-J, in so far as it imposes the condition that the petitioner shall undertake not to claim pay fixation, leave and pension for the non- grant period, that is from 05.07.1991 to 15.11.2014,is illegal, void and not binding on the petitioner B. Issue an appropriate writ, order, or direction declaring the undertaking obtained from the petitioner by his affidavit dated 25.02.2015 vide Annexure-K is illegal,void and not binding on the petitioner.
C. Issue an appropriate writ, order, or direction, declaring the order No.G1/ N.R.Joshi/Ne Anu/320/2012-13/456 dated 12.05.2015 issued by Respondent No.3 Annexure-L fixing the initial pay of the petitioner is illegal, void and not binding on the petitioner.
D. Issue a writ in the nature of mandamus or any other appropriate writ, order, or direction, -4- NC: 2023:KHC-D:8123 WP No. 116809 of 2019 directing the respondents to fix the pay and pay- scale of the petitioner by taking into consideration the service rendered by him during the non-grant period, that is from 05.07.1991 to 15.11.2014 and to pay the arrears of salary determined thereby with 18% interest.
E. Issue a writ in the nature of mandamus or any other appropriate writ, order, or direction, directing the respondents to fix and pay pension to the petitioner under the triple benefit scheme by taking into consideration the service rendered by him from the date of his entry into service as Sanskrit teacher in Shri Subrahmanya High School till his date of his retirement and to grant 18% interest on arrears of payment of pension.
F. Grant such other/further/consequential reliefs as this Hon'ble Court deems fit in the facts and circumstances of this case 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 30.05.1991. The Institution is -5- NC: 2023:KHC-D:8123 WP No. 116809 of 2019 admitted to grant on 15.11.2014. The issue is whether the period between 30.05.1991 to 15.11.2014 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 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 -6- NC: 2023:KHC-D:8123 WP No. 116809 of 2019 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. 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 -7- NC: 2023:KHC-D:8123 WP No. 116809 of 2019 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 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.
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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 -9- NC: 2023:KHC-D:8123 WP No. 116809 of 2019 contends that the 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 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
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NC: 2023:KHC-D:8123 WP No. 116809 of 2019 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.
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
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NC: 2023:KHC-D:8123 WP No. 116809 of 2019 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 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
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NC: 2023:KHC-D:8123 WP No. 116809 of 2019 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 stands disposed off in terms of the aforequoted orders with the direction to the State to consider the case of the petitioner in accordance with law.
Sd/-
JUDGE Vnp*/Ct:Bck List No.: 1 Sl No.: 69