Karnataka High Court
Smt Bhagyavathi S vs The State Of Karnataka on 17 December, 2013
Author: H.G.Ramesh
Bench: H.G.Ramesh
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WP Nos.54070-54096 of 2013
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 17TH DAY OF DECEMBER 2013
BEFORE
THE HON'BLE MR.JUSTICE H.G.RAMESH
WRIT PETITION Nos.54070-54096 OF 2013 (S-RES)
BETWEEN:
1. SMT BHAGYAVATHI S
W/O GANGADHAR
AGED ABOUT 43 YEARS
WORKING AS ASSISTANT TEACHER
SRI KUMBESHWARA HIGHER PRIMARY SCHOOL
KASABA HARANAHALLI
SHIVAMOGGA TALUK & DISTRICT
2. SRI DANESH NAIK S
S/O SEVYANAIK J S
AGED ABOUT 28 YEAR
WORKING AS ASSISTANT TEACHER
SRI KUMBESHWARA HIGHER PRIMARY SCHOOL
KASABA HARANAHALLI
SHIVAMOGGA TALUK & DISTRICT
3. SRI NAGARAJ K
S/O DANAPPA K
AGED ABOUT 35 YEARS
WORKING AS ASSISTANT TEACHER
SRI KUMBESHWARA HIGHER PRIMARY SCHOOL
KASABA HARANAHALLI
SHIVAMOGGA TALUK & DISTRICT
4. SRI HANUMANTHAPPA K R
S/O RAMAPPA
AGED ABOUT 41 YEARS
WORKING AS PHYSICAL EDUCATION TEACHER
SRI KUMBESHWARA HIGHER PRIMARY SCHOOL
KASABA HARANAHALLI
SHIVAMOGGA TALUK & DISTRICT
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WP Nos.54070-54096 of 2013
5. SRI SANTHOSHA M B
S/O BASAVARAJAPPA
AGED ABOUT 31 YEARS
WORKING AS ASSISTANT TEACHER
SRI KUMBESHWARA HIGHER PRIMARY SCHOOL
KASABA HARANAHALLI
SHIVAMOGGA TALUK & DISTRICT
6. SRI MANJUANTHA R
S/O RAGHAVENRA RAO N
AGED ABOUT 32 YEARS
WORKING AS ASSISTANT TEACHER
SRI KUMBESHWARA HIGHER PRIMARY SCHOOL
KASABA HARANAHALLI
SHIVAMOGGA TALUK & DISTRICT
7. SRI MAHESH S
S/O AJJAPPA
AGED ABOUT 33 YEARS
WORKING AS ASSISTANT TEACHER
SRI KUMBESHWARA HIGHER PRIMARY SCHOOL
KASABA HARANAHALLI
SHIVAMOGGA TALUK & DISTRICT
8. SRI SHANKARALINGAPPA K
S/O LATE KEMPAIAH
AGED ABOUT 52 YEARS
WORKING AS PHYSICAL EDUCATION TEACHER
SIDDARTHA HIGH SCHOOL
VINOBHA NAGAR
TUMKUR TALUK & DISRICT
9. SRI SHIVALINGAIAH K
S/O LATE KEMPASIDDAIAH
AGED ABOUT 46 YEARS
WORKING AS CRAFT TEACHER
SRI SIDDARTHA RESIDENTIAL HIGH SCHOOL
MARKONAHALLI POST
KUNIGAL TALUK
TUMKUR DISTRICT
10. SRI H VENKATESH
S/O LATE H H HUCHAIAH
AGED ABOUT 42 YEARS
WORKING AS SECOND DIVISION ASSISTANT
SRI SIDDARTHA RESIDENTIAL HIGH SCHOOL
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WP Nos.54070-54096 of 2013
MARKONAHALLI POST
KUNIGAL TALUK
TUMKUR DISTRICT
11. SRI SREEDHARA D
S/O K DODDAIAH
AGED ABOUT 56 YEARS
WORKING AS ASSISTANT TEACHER
SRI SIDDARTHA RESIDENTIAL HIGH SCHOOL
MARKONAHALLI POST
KUNIGAL TALUK
TUMKUR DISTRICT
12. SRI RAJASHEKARAIAH
S/O MUDALAGIRIYAPPA
AGED ABOUT 41 YARS
WORKING AS ASSISTANT TEACHER
RAMVILAS PASWAN HIGH SCHOOL
SEEGEKUPPE
MAGADI TALUK
RAMANAGARA DISTRICT
13. SRI RAJU K M
S/O MARI GOWDA
AGED ABOUT 33 YEARS
WORKING AS ASSISTANT TEACHER
RAMVILAS PASWAN HIGH SCHOOL
SEEGEKUPPE
MAGADI TALUK
RAMANAGARA DISTRICT
14. SRI HANUMANTHAIAH B R
S/O LATE RAMAIAH
AGED ABOUT 46 YEARS
WORKING AS ASSISTANT TEACHER
RAMVILAS PASWAN HIGH SCHOOL
SEEGEKUPPE
MAGADI TALUK
RAMANAGARA DISTRICT
15. SRI KEMPARAJU C M
S/O MALLAIAH
AGED ABOUT 40 YEARS
WORKING AS ASSISTANT TEACHER
RAMVILAS PASWAN HIGH SCHOOL
SEEGEKUPPE
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MAGADI TALUK
RAMANAGARA DISTRICT
16. SRI RUDRAMUNI M T
S/O THIPPESWAMY
AGED ABOUT 35 YEARS
WORKING AS ASSISTANT TEACHER
RAMVILAS PASWAN HIGH SCHOOL
SEEGEKUPPE
MAGADI TALUK
RAMANAGARA DISTRICT
17. SRI K L RAJKUMAR
S/O K N LAKSHMI NARASAIAH
AGED ABOUT 39 YEARS
WORKING AS ASSISTANT TEACHER
RAMVILAS PASWAN HIGH SCHOOL
SEEGEKUPPE
MAGADI TALUK
RAMANAGARA DISTRICT
18. SRI MAHESH CHANDRA Y
S/O YOGANANDA CHAR K
AGED ABOUT 30 YEARS
WORKING AS PHYSICAL EDUCATION TEACHER
RAMVILAS PASWAN HIGH SCHOOL
SEEGEKUPPE
MAGADI TALUK
RAMANAGARA DISTRICT
19. SRI SUREH S L
S/O LINGAPPA
AGED ABOUT 41 YEARS
WORKING AS SECOND DIVISION ASSISTANT
RAMVILAS PASWAN HIGH SCHOOL
SEEGEKUPPE
MAGADI TALUK
RAMANAGARA DISTRICT
20. SRI SHIVAMURTHY K P
S/O ESWARAPPA K P
AGED ABOUT 51 YEARS
WORKING AS ASSISTANT TEACHER
SRI MANJUNATHESWARA HIGH SCHOOL
KUMSI
SHIMOGA TALUK & DISTRICT
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21. SRI K P MANJUNATHA
S/O K PUTTURAO
AGED ABOUT 55 YEARS
WORKING AS ASSISTANT TEACHER
SRI MANJUNATHESWARA HIGH SCHOOL
KUMSI
SHIMOGA TALUK & DISTRICT
22. SMT M K SARALA
W/O VISHWANATH R K
AGED ABOUT 45 YEARS
WORKING AS ASSISTANT TEACHER
SRI MANJUNATHESWARA HIGH SCHOOL
KUMSI
SHIMOGA TALUK & DISTRICT
23. SRI DHARMAPPA
S/O GADIGAPPA
AGED ABOUT 44 YEARS
WORKING AS ASSISTANT TEACHER
SRI MANJUNATHESWARA HIGH SCHOOL
KUMSI
SHIMOGA TALUK & DISTRICT
24. SRI HALESHAPPA B H
S/O HANUMAPPA
AGED ABOUT 41 YEARS
WORKING AS HEAD MASTER
SRI MANJUNATHESWARA HIGH SCHOOL
KUMSI
SHIMOGA TALUK & DISTRICT
25. SRI S V HALESHAPPA
S/O S VIRUPAKSHAPPA
AGED ABOUT 43 YEARS
WORKING AS PHYSICAL TEACHER
SRI MANJUNATHESWARA HIGH SCHOOL
KUMSI
SHIMOGA TALUK & DISTRICT
26. SRI MANJUNATHA S R
S/O SANNARANGAPPA
AGED ABOUT 38 YEARS
WORKING AS ASSISTANT TEAHCER
SRI MANJUNATHESWARA HIGH SCHOOL
KUMSI
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SHIMOGA TALUK & DISTRICT
27. SRI NARAYANAPPA
S/O LATE SUBBA GOWDA
AGED ABOUT 43 YEARS
WORKING AS SECOND DIVISON ASSISTANT
SRI MANJUNATHESWARA HIGH SCHOOL
KUMSI
SHIMOGA TALUK & DISTRICT
... PETITIONERS
(BY SRI M.D.KRUPESH, ADV. FOR R. PADMANABHA)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY-II
DEPARTMENT OF EDUCATION
(PRIMARY AND SECONDARY)
M S BUILDING
BANGALORE-560001
2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS
NRUPATHUNGA ROAD
BANGALORE-560001
3. THE DIRECTOR FOR PUBLIC INSTRUCTIONS
DEPARTMENT OF SECONDARY EDUCATION
O/OF COMMISSIONER FOR PUBLIC INSTRCUTIONS
NRUPATHUNGA ROAD
BANGALORE-560001
4. THE DIRECTOR FOR PUBLIC INSTRUCTIONS
DEPARTMENT OF PRIMARY EDUCATION
O/OF COMMISSIONER FOR PUBLIC INSTRCUTIONS
NRUPATHUNGA ROAD
BANGALORE-560001
5. THE DEPUTY DIRECTOR FOR PUBLIC INSTRUCTIONS
SHIMOGA
SHIMOGA DISTRICT-577201
6. THE DEPUTY DIRECTOR FOR PUBLIC INSTRUCTIONS
TUMKUR
TUMKUR DISTRICT-572101
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WP Nos.54070-54096 of 2013
7. THE DEPUTY DIRECTOR FOR PUBLIC INSTRICTIONS
RAMANAGARA DISTRICT
RAMANAGARA-562159
... RESPONDENTS
(GOVERNMENT ADVOCATE SERVED
WPs ARE FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO RECKON AND COUNT THE PAST SERVICE
RENDERED BY THE PETITIONERS FROM THE DATE OF THEIR
INITIAL APPOINTMENTS UP TO THE DATE OF APPROVAL OF
THEIR APPOINTMENT WITH AID RESPECTIVELY FOR THE
PURPOSE OF FIXATION OF PAY SCALE, SENIORITY,
INCREMENTS INCLUDING TBA, PENSIONARU BENEFITS AND
OTHER CONSEQUENTIAL SERVICE BENEFITS FLOWING
THEREOF BY DISPOSING THE PRESENT PETITIONS IN TERMS
OF THE ORDER OF THIS HON'BLE COURT MADE IN
W.P.NO.37250-37254/2010 DATED 2.12.2010, W.P.NO.66892-
66910/2011 DT.19.10.2011, & W.P.NO.25447/2010 DISPOSED
OF ON BY ORDER DT.16.8.2010 WHICH IS AFFIRMED BY THE
DIVISION BENCH OF THIS HON'BLE COURT IN WRIT APPEAL
NO.4788/2010 DT.22.9.2011 AND HON'BLE SUPREME COURT
IN SLP (CIVIL) CC 7365/2012 DT.2.7.2012 AND SLP (C) 22176-
22186/2010 AND CONNECTED WITH SLP [C] NO.14870-
15136/2012 DISPOSED OF ON 21.8.2013 VIDE ANNX-O, P, Q,
R, S & T
WPs COMING ON FOR ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
H.G.RAMESH, J. (Oral):
Learned counsel for the petitioners, after arguing the matter for some time, submits that the petitioners have already issued a legal notice in respect of their grievance, and hence, respondent no.1 may be directed to treat the said legal notice as a representation of the -8- WP Nos.54070-54096 of 2013 petitioners and to consider the same in accordance with law. I find no legal impediment to grant the prayer. Accordingly, respondent No.1 is directed to treat the aforesaid notice as a representation of the petitioners and to consider the same in accordance with law and to pass an appropriate order on the claim made therein, expeditiously and in any event, within three months from the date of receipt of a copy of this order. The petitioners shall furnish a copy of this order along with a copy of the aforesaid notice to respondent No.1 for taking necessary action in the matter in accordance with law within the time stipulated above.
Petitions disposed of.
Sd/-
JUDGE GH