Karnataka High Court
Sri. Ramesh Ganpatrao Desai vs The State Of Karnataka on 13 February, 2014
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 13 T H DAY OF FEBRUARY, 2014
BEFORE
THE HON'BL E MR. J USTICE B. SREENIVASE GOWDA
WRIT P ETI TION NOS.102723-102788/2014 (S-RES)
BETWEEN:
1. SRI RAMESH GANPATRAO D ESAI
S/O. GANPA TRAO DESAI
AGED ABOUT 55 YEA RS,
WORKING AS PRINCIPAL
PANDIT NEHRU PRE UNIVERS ITY COLLEGE,
ALWAN GALLI, SHAHPAUR, BELGAUM
2. SRI HANAMANT TAVANAPPA JANAGOUDA
S/O. TA VANAPPA JANAGOUDA
AGED ABOUT 55 YEA RS,
WORKING AS LECTURER
PANDIT NEHRU PRE UNIVERS ITY COLLEGE,
ALWAN GALLI, SHAHPAUR BELGAUM
3. SRI YALLAPPA TU KARAM MUCHANDI
S/O. TU KARAM MUCHANDI
AGED ABOUT 52 YEA RS,
WORKING AS LECTURER
PANDIT NEHRU PRE UNIVERS ITY COLLEGE,
ALWAN GALLI, SHAHPAUR, BELGAUM
4. SRI AKALANK PA RIS JANAGOUDA
S/O. PARIS JANAGOUDA
AGED ABOUT 57 YEA RS,
WORKING AS LECTURER
PANDIT NEHRU PRE UNIVERS ITY COLLEGE,
ALWAN GALLI, SHAHPAUR, BELGAUM
5. SRI KISAN LAXMAN SHINDE
S/O. LAXMAN SHINDE
AGED ABOUT 45 YEA RS,
2
WORKING AS PHYSICAL INS TRUCTOR
PANDIT NEHRU PRE UNIVERS ITY COLLEGE,
ALWAN GALLI, SHAHPAUR, BELGAUM
6. SRI VAKIL BALAPPA CHOUGULE
S/O. BALAPPA BHAIRAPPA CHOUGULE
AGED ABOUT 45 YEA RS,
WORKING AS ASSIS TANT TEACHER
DIGGEWADI HIGH SCHOOL
DIGGEWADI, TQ : RAIBAG
DIST: BELGAUM
7. SRI CHANDRAPPA BHIMAPPA CHOUGULE
S/O. BHIMAPPA SATYAPPA CHOUGULE
AGED ABOUT 47 YEA RS,
WORKING AS ASSIS TANT TEACHER
DIGGEWADI HIGH SCHOOL
DIGGEWADI, TQ : RAIBAG
DIST: BELGAUM
8. SRI KALLAPPA RACHAPPA SOLLAPURE
S/O. RACHAPPA SIDDAPPA SOLLAPURE
AGED ABOUT 47 YEA RS,
WORKING AS ASSIS TANT TEACHER
DIGGEWADI HIGH SCHOOL
DIGGEWADI, TQ : RAIBAG
DIST: BELGAUM
9. SRI APPANNA NAGAPPA MALI
S/O. NAGAPPA BASAPPA MALI
AGED ABOUT 45 YEA RS,
WORKING AS DRAWING TEACHER
DIGGEWADI HIGH SCHOOL
DIGGEWADI, TQ : RAIBAG
DIST: BELGAUM
10. SRI VIRUPAXI LAXMAN CHOUGULE
S/O. LAXMAN GANGAPPA CHOUGULE
AGED ABOUT 36 YEA RS,
WORKING AS PHYSICAL EDUCA TION
TEACHER, DIGGEWADI H IGH SCHOOL
DIGGEWADI, TQ : RAIBAG
DIST: BELGAUM
3
11. SRI SHABBIR MOULA NADAF
S/O. MOULA HUSSAIN NADAF
AGED ABOUT 35 YEA RS,
WORKING AS ASSIS TANT TEACHER
DIGGEWADI HIGH SCHOOL
DIGGEWADI, TQ : RAIBAG
DIST: BELGAUM
12. SRI KRISHNAPPA GANGAPPA BANDAGAR
S/O. GANGAPPA SATAPPA BANDAGAR
AGED ABOUT 44 YEA RS,
WORKING AS SECOND DIVIS ION
ASSISTANT, DIGGEWADI HIGH SCHOOL
DIGGEWADI, TQ : RAIBAG
DIST: BELGAUM
13. SRI BHIMANAGOUDA RAMACHANDRA NAIK
S/O. RAMCHANDRA BHIMAPPA NAIK
AGED ABOUT 32 YEA RS,
WORKING AS ASSIS TANT TEACHER
DIGGEWADI HIGH SCHOOL
DIGGEWADI, TQ : RAIBAG
DIST: BELGAUM
14. SRI RAMESH DEVAPPA KAMBLE
S/O. DEVAPPA KAMBLE
AGED ABOUT 48 YEA RS,
WORKING AS ASSIS TANT MAS TER
INGALI H IGH SCHOOL
INGALI, TQ : CH IKODI
DIST: BELGAUM
15. SRI SHOUKA TALI NAKARCHI
S/O. KU TUBUDDIN
AGED ABOUT 46 YEA RS,
WORKING AS ASSIS TANT MAS TER
INGALI H IGH SCHOOL
INGALI, TQ : CH IKODI
DIST: BELGAUM
16. SRI PRAKASH BHAIRAPPA SALAGARE
S/O. BHAIRAPPA SALAGARE
AGED ABOUT 45 YEA RS,
WORKING AS ASSIS TANT MAS TER
4
INGALI H IGH SCHOOL
INGALI, TQ : CH IKODI
DIST: BELGAUM
17. SRI S REYANSH AINAPURE
S/O. BHARA T
AGED ABOUT 34 YEA RS,
WORKING AS ASSIS TANT MAS TER
INGALI H IGH SCHOOL
INGALI, TQ : CH IKODI
DIST: BELGAUM
18. SRI NEMINA TH BHUPAL MAGADUM
S/O. BHUPAL MAGADUM
AGED ABOUT 52 YEA RS,
WORKING AS ASSIS TANT MAS TER
INGALI H IGH SCHOOL
INGALI, TQ : CH IKODI
DIST: BELGAUM
19. SRI SURESH JADHAV S/O . SADASHIV
AGED ABOUT 40 YEA RS,
WORKING AS ASSIS TANT MAS TER
INGALI H IGH SCHOOL
INGALI, TQ : CH IKODI
DIST: BELGAUM
20. SRI HIMA TAPPA TAVANAPPA TOPANNAVAR
S/O. TA VANAPPA
AGED ABOUT 50 YEA RS,
WORKING AS ASSIS TANT TEACHER
SHRI MAHALAXMI KANNAD HIGHER
PRIMARY SCHOOL, I TNAL,
TQ: RAIBAG, D IS T: BELGAUM
21. SMT. PARVA TI BALAVANTAPPA BELAGI
D/O. BALAVANTAPPA
AGED ABOUT 48 YEA RS,
WORKING AS ASSIS TANT TEACHER
SHRI MAHALAXMI KANNAD HIGHER
PRIMARY SCHOOL, I TNAL, TQ: RA IBAG
DIST: BELGAUM
5
22. SRI HANAMAPPA SANGAPPA KHANDOJI
S/O. SANGAPPA
AGED ABOUT 48 YEA RS,
WORKING AS ASSIS TANT TEACHER
SHRI MAHALAXMI KANNAD HIGHER
PRIMARY SCHOOL, I TNAL,
TQ: RAIBAG, D IS T: BELGAUM
23. SRI VIRABHADRA SHIVAPPA DONAWADE
S/O. SHIVAPPA
AGED ABOUT 42 YEA RS,
WORKING AS ASSIS TANT TEACHER
SHRI MAHALAXMI KANNAD HIGHER
PRIMARY SCHOOL, I TNAL, TQ: RA IBAG
DIST: BELGAUM
24. SRI DASHARATH BASAVANNI TA LAWAR
S/O. BASAVANNI
AGED ABOUT 47 YEA RS,
WORKING AS ASSIS TANT TEACHER
SHRI MAHALAXMI KANNAD HIGHER
PRIMARY SCHOOL, I TNAL, TQ: RA IBAG
DIST: BELGAUM
25. SRI SADASHIV S IDDAPPA MANNAPUR
S/O. S IDDAPPA
AGED ABOUT 40 YEA RS,
WORKING AS ASSIS TANT TEACHER
SHRI MAHALAXMI KANNAD HIGHER
PRIMARY SCHOOL, I TNAL, TQ: RA IBAG
DIST: BELGAUM
26. SMT. KALA VATI NAGAPPA HALALLI
D/O. NAGAPPA
AGED ABOUT 28 YEA RS,
WORKING AS ASSIS TANT TEACHER
SHRI MAHALAXMI KANNAD HIGHER
PRIMARY SCHOOL, I TNAL, TQ: RA IBAG
DIST: BELGAUM
27. SMT. VASANTIDEVI S HRINIVAS JOSHI
W/O. KRISHNAJI N. KO TNIS
AGED ABOUT 49 YEA RS,
6
WORKING AS ASSIS TANT TEACHER
VIVEKANAND AIDED KANNADA
PRIMARY SCHOOL, RA IBAG
DIST: BELGAUM
28. SMT. VEENAPANI MAHADEV KU LKARNI
D/O. MAHADEV
AGED ABOUT 53 YEA RS,
WORKING AS ASSIS TANT TEACHER
VIVEKANAND AIDED KANNADA
PRIMARY SCHOOL, RA IBAG
DIST: BELGAUM
29. SMT. LALITA SHIVAPU TRAPPA ZU TTI
D/O. SHIVAPU TRAPPA
AGED ABOUT 52 YEA RS,
WORKING AS ASSIS TANT TEACHER
VIVEKANAND AIDED KANNADA
PRIMARY SCHOOL, RA IBAG
DIST: BELGAUM
30. SMT. VIJAYALAXMI S A TAYYA PA TRI
D/O. SA TAYYA
AGED ABOUT 50 YEA RS,
WORKING AS ASSIS TANT TEACHER
VIVEKANAND AIDED KANNADA
PRIMARY SCHOOL, RA IBAG
DIST: BELGAUM
31. SMT. SAMPATHA MURALI AIDAMALE
D/O. MURARI
AGED ABOUT 29 YEA RS,
WORKING AS ASSIS TANT TEACHER
VIVEKANAND AIDED KANNADA
PRIMARY SCHOOL, RA IBAG
DIST: BELGAUM
32. SRI RAVEEN PARASHURAM PATROO T
S/O. PARASHURAM
AGED ABOUT 31 YEA RS,
WORKING AS ASSIS TANT TEACHER
VIVEKANAND AIDED KANNADA
7
PRIMARY SCHOOL, RA IBAG
DIST: BELGAUM
33. SRI DYAMANNA YANKAPPA NANDIHAL
S/O. YANKAPPA
AGED ABOUT 41 YEA RS,
WORKING AS ASSIS TANT TEACHER
VIVEKANAND AIDED KANNADA
PRIMARY SCHOOL, RA IBAG
DIST: BELGAUM
34. SRI SHRIKANT SIDDAPPA BYAKUD
S/O. S IDDAPPA BYAKUD
AGED ABOUT 43 YEA RS,
WORKING AS ASSIS TANT TEACHER
SHRI YALLALING KANNADA MEDIUM
HIGHER PRIMARY SCHOOL
MUGALKHOD, TQ: RAIBAG
DIST: BELGAUM
35. RAJENDRA RAMACHANDRA MAISHALE
S/O. RAMACHANDRA
AGED ABOUT 44 YEA RS,
WORKING AS ASSIS TANT TEACHER
SHRI YALLALING KANNADA MEDIUM
HIGHER PRIMARY SCHOOL
MUGALKHOD, TQ: RAIBAG
DIST: BELGAUM
36. SRI S IDRAM BHIMAPPA KARABANNI
S/O. BHIMAPPA KARABANNI
AGED ABOUT 32 YEA RS,
WORKING AS ASSIS TANT TEACHER
SHRI YALLALING KANNADA MEDIUM
HIGHER PRIMARY SCHOOL
MUGALKHOD, TQ: RAIBAG
DIST: BELGAUM
37. SRI AYYAPPA KOLURAGI
S/O. CHANDRAMAPPA
AGED ABOUT 44 YEA RS,
WORKING AS ASSIS TANT TEACHER
VIVEKANAND KANNADA PRIMARY SCHOOL
HARUGERI, TQ: RAIBAG, DIS T: BELGAUM
8
38. SRI KAREPPA HULIMANI
S/O. S IDDAPPA
AGED ABOUT 29 YEA RS,
WORKING AS ASSIS TANT TEACHER
VIVEKANAND KANNADA PRIMARY SCHOOL
HARUGERI, TQ: RAIBAG
DIST: BELGAUM
39. SRI VISHWANA TH PAMADINNI
S/O.LAKKANNA
AGED ABOUT 35 YEA RS,
WORKING AS ASSIS TANT TEACHER
VIVEKANAND KANNADA PRIMARY SCHOOL
HARUGERI, TQ: RAIBAG
DIST: BELGAUM
40. SRI S IDRAMAYYA AMARKHED
S/O. IRAYYA
AGED ABOUT 34 YEA RS,
WORKING AS ASSIS TANT TEACHER
VIVEKANAND KANNADA PRIMARY SCHOOL
HARUGERI, TQ: RAIBAG
DIST: BELGAUM
41. SRI MAHESH BASAVARAJ GOJAGOJI
S/O. BASAVARAJ BASHATTI GOJAGOJI
AGED ABOUT 37 YEA RS,
WORKING AS ASSIS TANT TEACHER
VIVEKANAND KANNADA PRIMARY SCHOOL
RAIBAG S TA TION, TQ: RA IBAG
DIST: BELGAUM
42. SRI. BASAVARAJ SHANKARAYYA MATHAPATI
S/O. SHANKARAYYA MA THAPATI
AGED ABOUT 44 YEA RS,
WORKING AS ASSIS TANT TEACHER
VIVEKANAND KANNADA PRIMARY SCHOOL
RAIBAG S TA TION, TQ: RA IBAG
DIST: BELGAUM
43. SHRISAIL GURALINGAYYA HIREMA TH
S/O. GURALINGAYYA HIREMA TH
AGED ABOUT 46 YEA RS,
9
WORKING AS ASSIS TANT TEACHER
VIVEKANAND KANNADA PRIMARY SCHOOL
RAIBAG S TA TION, TQ: RA IBAG
DIST: BELGAUM
44. SRI MADIWALAPPA A JJAPPA MEDAR
S/O. AJJAPPA MEDAR
AGED ABOUT 45 YEA RS,
WORKING AS ASSIS TANT TEACHER
VIVEKANAND KANNADA PRIMARY SCHOOL
RAIBAG S TA TION, TQ: RA IBAG
DIST: BELGAUM
45. SRI YALLAPPA KALLAPPA KAMBLE
S/O. KALLAPPA KAMBLE
AGED ABOUT 45 YEA RS,
WORKING AS ASSIS TANT TEACHER
VIVEKANAND KANNADA PRIMARY SCHOOL
RAIBAG S TA TION, TQ: RA IBAG
DIST: BELGAUM
46. SRI HANAMANTAPPA TAMMANNA KU KADOLLI
S/O. TASMMANNA KUKADOLLI
AGED ABOUT 48 YEA RS,
WORKING AS ASSIS TANT TEACHER
VIVEKANAND KANNADA PRIMARY SCHOOL
RAIBAG S TA TION, TQ: RA IBAG
DIST: BELGAUM
47. SRI NAGAPPA VISHNU KA LAL
S/O. VISHSU KALAL
AGED ABOUT 38 YEA RS,
WORKING AS ASSIS TANT TEACHER
VIVEKANAND KANNADA PRIMARY SCHOOL
RAIBAG S TA TION, TQ: RA IBAG
DIST: BELGAUM
48. SMT. UMA APPASAHEB KULKARNI
S/O. DEEPAK N. INAMDAR
AGED ABOUT 47 YEA RS,
WORKING AS ASSIS TANT TEACHER
SRI P R PA TIL KANNADA MEDIUM
PRIMARY SCHOOL BH IRADI,
TQ: RAIBAG, D IS T: BELGAUM
10
49. SRI PRASANNAKUMAR B S
S/O. SHIVABASAPPA
AGE: 35 YEARS ,
WORKING AS ASSIS TANT TEACHER
SRI P R PA TIL KANNADA MEDIUM
PRIMARY SCHOOL BH IRADI,
TQ: RAIBAG, D IS T: BELGAUM
50. SMT. MEENAXI DUNDAPPA KHADE
W/O. MAHADEV B. RAMAJE
AGED ABOUT 42 YEA RS,
WORKING AS ASSIS TANT TEACHER
SRI P R PA TIL KANNADA MEDIUM
PRIMARY SCHOOL BH IRADI,
TQ: RAIBAG, D IS T: BELGAUM
51. SRI KUMAR ISHWAR KAMBLE
S/O. ISHWAR
AGED ABOUT 43 YEA RS,
WORKING AS ASSIS TANT TEACHER
SRI P R PA TIL KANNADA MEDIUM
PRIMARY SCHOOL BH IRADI,
TQ: RAIBAG, D IS T: BELGAUM
52. SRI ANIL BASAVARAJ GAJAPA TI
S/O. BASAVARAJ
AGED ABOUT 33 YEA RS,
WORKING AS ASSIS TANT TEACHER
SRI P R PA TIL KANNADA MEDIUM
PRIMARY SCHOOL BH IRADI,
TQ: RAIBAG, D IS T: BELGAUM
53. SRI SARDAR MUNIR M . DESAI
S/O. MUKTUMSAHEB
AGED ABOUT 37 YEA RS,
WORKING AS ASSIS TANT TEACHER
SRI P R PA TIL KANNADA MEDIUM
PRIMARY SCHOOL BH IRADI,
TQ: RAIBAG, D IS T: BELGAUM
54. SRI. RA VINDRA AGASAR
S/O. RAMAGOUD
AGED ABOUT 46 YEA RS,
11
WORKING AS ASSIS TANT TEACHER
SRI VIVEKANANDA KANNADA HIGHER
PRIMARY SCHOOL JA LALAPUR,
TQ: RAIBAG, D IS T: BELGAUM
55. SMT. BHARA TI MANGALUR
D/O. SIDRAMAPPA
AGED ABOUT 31 YEA RS,
WORKING AS ASSIS TANT TEACHER
SRI VIVEKANANDA KANNADA HIGHER
PRIMARY SCHOOL JA LALAPUR,
TQ: RAIBAG, D IS T: BELGAUM
56. SRI. KARUNKUMAR ARABALLI
S/O. BHAGAWANT
AGED ABOUT 37 YEA RS,
WORKING AS ASSIS TANT TEACHER
SRI VIVEKANANDA KANNADA HIGHER
PRIMARY SCHOOL JA LALAPUR,
TQ: RAIBAG, D IS T: BELGAUM
57. SRI MU TTEPPA MUTAWAD
S/O.MUTTEPPA
AGED ABOUT 33 YEA RS,
WORKING AS ASSIS TANT TEACHER
SRI VIVEKANANDA KANNADA HIGHER
PRIMARY SCHOOL JA LALAPUR,
TQ: RAIBAG, D IS T: BELGAUM
58. SMT. MANJULA KUTTAL
D/O. LAKKAPPA
AGED ABOUT 33 YEA RS,
WORKING AS ASSIS TANT TEACHER
SRI VIVEKANANDA KANNADA HIGHER
PRIMARY SCHOOL JA LALAPUR,
TQ: RAIBAG, D IS T: BELGAUM
59. SRI VITTA L PUJERI
S/O.SHANKAR
AGED ABOUT 32 YEA RS,
WORKING AS ASSIS TANT TEACHER
SRI VIVEKANANDA KANNADA HIGHER
PRIMARY SCHOOL JA LALAPUR,
TQ: RAIBAG, D IS T: BELGAUM
12
60. SRI GURUDEV KULAKARNI
S/O. NARAYAN KULKARNI
AGED ABOUT 44 YEA RS,
WORKING AS ASSIS TANT TEACHER
SHRI BALABHIM KANNADA MEDIUM
PRIMARY SCHOOL H IDAKAL,
TQ: RAIBAG, D IS T: BELGAUM
61. SRI RAMESH MAHADAIN KANTEKAR
S/O. MAHADAIN KANTEKAR
AGED ABOUT 32 YEA RS,
WORKING AS ASSIS TANT TEACHER
SHRI BALABHIM KANNADA MEDIUM
PRIMARY SCHOOL H IDAKAL,
TQ: RAIBAG, D IS T: BELGAUM
62. SRI GOPAL DHANPAL SANADI
S/O. DHANAPAL SANADI
AGED ABOUT 30 YEA RS,
WORKING AS ASSIS TANT TEACHER
SHRI BALABHIM KANNADA MEDIUM
PRIMARY SCHOOL H IDAKAL,
TQ: RAIBAG, D IS T: BELGAUM
63. SRI S RISHAIL ANNAPPA NAVI
S/O. ANNAPPA NAVI
AGED ABOUT 39 YEA RS,
WORKING AS ASSIS TANT TEACHER
SHRI BALABHIM KANNADA MEDIUM
PRIMARY SCHOOL H IDAKAL,
TQ: RAIBAG, D IS T: BELGAUM
64. SRI S IDDAPPA HALLUR
S/O. RAMAPPA HALLUR
AGED ABOUT 43 YEA RS,
WORKING AS ASSIS TANT TEACHER
SHRI BALABHIM KANNADA MEDIUM
PRIMARY SCHOOL H IDAKAL,
TQ: RAIBAG, D IS T: BELGAUM
65. SRI SHASHIDAR SHIVAPUJI
S/O. BASAVARAJ SHIVAPUJI
AGED ABOUT 39 YEA RS,
13
WORKING AS ASSIS TANT TEACHER
SHRI BALABHIM KANNADA MEDIUM
PRIMARY SCHOOL H IDAKAL,
TQ: RAIBAG, D IS T: BELGAUM
66. SRI NINGAPPA MASHALE
S/O. KRISHNA MASHALE
AGED ABOUT 39 YEA RS,
WORKING AS ASSIS TANT TEACHER
SHRI BALABHIM KANNADA MEDIUM
PRIMARY SCHOOL H IDAKAL,
TQ: RAIBAG, D IS T: BELGAUM
... PETITIONERS
(BY SRI. R PADMANABHA, ADVOCATE.)
AND
1. THE S TA TE OF KARNA TAKA
R/BY ITS PRINCIPAL S ECRETA RY-II
DEPARTMENT OF EDUCA TION
M S BUILDING, BANGALORE-560001
2. THE DIRECTOR FOR
PRE UNIVERS ITY EDUCATION
18 T H CROSS, SAMPIGE ROAD,
MALLESHWARAM
BANGALORE-560012
3. THE ADDITIONAL COMMISSIONER FOR
PUBLIC INS TRUCTIONS , DHARWAD
4. THE DIRECTOR FOR
PUBLIC INS TRUCTIONS
OFFICE A T THE ADDITIONAL
COMMISSIONER FOR PUBLIC
INS TRUCTIONS, DHARWAD
5. THE DEPU TY DIRECTOR FOR
PRE UNIVERS ITY EDUCATION
BELGAUM DIS TRICT, BELGAUM
14
6. THE DEPU TY DIRECTOR FOR
PUBLIC INS TRUCTIONS
CHIKKODI, BELGAUM DIS TRICT.
... RESPONDENTS
(BY SRI VINAYAK S. KULKARNI, HCGP.)
THESE WRIT PETITIONS ARE F ILED UNDER
ARTICLES 226 AND 227 OF THE CONS TITU TION OF
INDIA, PRAY ING TO D IRECT TH E RESPONDENTS TO
RECKON AND COUNT TH E PAS T SERVICE RENDERED
BY THE PETITIONERS FROM THE DATE OF THEIR
INITIAL APPOINTMENTS UP TO THE DATE OF
APPROVAL OF THEIR APPO INTMENT WITH AID
RESPECTIVELY FOR THE PURPOSE OF FIXATION OF
PAY SCALE, SENIORITY, INCREMENTS INCLUDING TBA,
PENSIONARY BENEFITS AND O THER CONSEQUENTIAL
SERVICE BENEFITS FLOWING THEREOF BY DIS POSING
THE PRESENT PETITIONS IN TERMS OF THE ORDER OF
THIS HON'BLE COURT MADE IN W.P.NO .37250-
37254/2010 DATED 02.12.2010, W.P.NO.66892-
66910/2011 DATE 19.10.2011 AND W.P.NO.25447/2010
DISPOSED OF BY ORDER DATED 16.08.2010 WH ICH IS
AFFIRMED BY THE D IVISION BENCH OF THIS HON'BLE
COURT IN WRIT APPEAL NO.4788/2010 DA TED
22.09.2011 AND HON'BLE SUPREME COURT IN SLP
(CIVIL) CC NO .7365/2012 DA TED 02.07.2012 AND SLP
(C) NO.22176-22186/2010 AND CONNECTED WITH SLP
(C) NO. 14870- 15136/2012 DISPOSED OF ON
21.08.2013, VIDE ANNEXU RES-Z18, Z19, Z20, Z21, Z22
AND Z23 RESPECTIVELY , ETC.,.
15
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY , THE COURT MADE THE
FOLLOWING:
ORDER
Although these petitions are listed for preliminary hearing, with the consent of the learned Counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the State and its authorities, petitions are disposed of finally as the same are covered by several judgments of this Court and of the Apex Court passed in such and similar cases.
2. The petitioners in these petitions who belong to teaching and non teaching staff of Educational Institution run by Private Managements have preferred these writ petitions seeking a Writ of Mandamus directing the respondents to reckon and count the services rendered by them from the date of their initial 16 appointment upto the date of approval of their appointment with grant-in-aid facility for the purpose of fixation of initial pay, seniority, promotion, increment and pensionary benefit and to consider their representations for extending the aforesaid benefits to them in the light of the earlier Judgments of this Court.
3. Learned Counsel for the petitioners submits, the issue involved in these petitions is fully covered by several judgments of this Court and a few of such judgments are cited hereunder:
(i) W.A.Nos.848/2008 and connected cases disposed of on 3-11-2009 -
Principal Secretary to Government of Karnataka and others vs. Nagegowda and others.
(ii) W.P.Nos. 37250-37254/2010
disposed off on 2-12-2010 -
K.C.Prakash and others vs. State of Karnataka and others.
17
(iii) W.P.Nos. 66892-66910/2011
disposed of on 19-10-11 -
A. Ananda and others vs. State of Karnataka and others.
4. Learned High Court Government Pleader for the State does not dispute the said fact.
5. The submissions made by the learned Counsel for the parties are placed on record.
6. Accordingly, the writ petitions are allowed, with the following directions:
(i) Writ of Mandamus is issued directing the State and its authorities to consider the representations made by the petitioners in terms of the decisions referred to supra within four months from the date of receipt of a copy of this order.
(ii) If representations are not made by the petitioners, they are at liberty to make detailed representations in 18 this regard within one month from the date of receipt of a copy of this order and if such representations are made, the State and its authorities shall consider and dispose off the same within three months from the date of receipt of such representations in the light of the decisions of this Court rendered in the aforesaid cases.
No order as to costs.
SD/-
JUDGE Mrk/-