Karnataka High Court
Sri. Mukund Shamaji Mashal vs The State Of Karnataka on 12 February, 2014
Author: B.Sreenivase Gowda
Bench: B. Sreenivase Gowda
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 12TH DAY OF FEBRUARY, 2014
BEFORE
THE HON'BLE MR.JUSTICE B. SREENIVASE GOWDA
WRIT PETITION NOS.102457-102477/2014 (S-RES)
BETWEEN
1. SRI. MUKUND SHAMAJI MASHAL
S/O. SHAMAJI MASHAL
AGED ABOUT 55 YEARS,
WORKING AS SECOND DIVISION CLERK/
TYPIST SHRI D R PATIL COMPOSITE
PRE-UNIVERSITY COLLEGE, ANANTPUR,
TQ: ATHANI DIST: BELGAUM.
2. SRI. MALAGOUDA BHIMAGOUDA PATIL
S/O. BHIMAGOUDA PATIL
AGED ABOUT 54 YEARS,
WORKING AS SECOND DIVISION CLERK
SHRI D R PATIL COMPOSITE PRE UNIVERSITY
COLLEGE ANANTPUR, TQ: ATHANI
DIST: BELGAUM.
3. SRI. SOMASHEKHAR GURULINGAPPA
KANGONI S/O. GURULINGAPPA S. KANGONI
AGED ABOUT 59 YEARS,
WORKING AS PRINCIPAL SHRI D R PATIL
COMPOSITE PRE UNIVERSITY COLLEGE
ANANTPUR, TQ: ATHANI, DIST: BELGAUM.
4. SRI. DHONDAPPA RAMGONDA GADIKAR
AGED ABOUT 53 YEARS,
:2:
WORKING AS LECTURER IN ECONOMICS
SHRI D R PATIL COMPOSITE PRE-UNIVERSITY
COLLEGE ANANTPUR, TQ: ATHANI
DIST: BELGAUM.
5. SRI. UMESH MURIGEPPA KENCHANNAVAR
S/O. MURIGEPPA KENCHANNAVAR
AGED ABOUT 50 YEARS,
WORKING AS LECTURER IN HISTORY
SHRI D R PATIL COMPOSITE PRE UNIVERSITY
COLLEGE ANANTPUR, TQ: ATHANI
DIST: BELGAUM.
6. SMT. LALITHA LAKSHMANA JALALPURE
AGED ABOUT 42 YEARS,
WORKING AS LECTURER IN KANNADA
SHRI D R PATIL COMPOSITE PRE UNIVERSITY
COLLEGE ANANTPUR, TQ: ATHANI
DIST: BELGAUM.
7. SRI. SADASHIV ANNAPPA HONAGOUD
S/O. ANNAPPA HONAGOUD
AGED ABOUT 54 YEARS,
WORKING AS HEAD MASTER
VIJAYALAXMI GIRLS HIGH SCHOOL
ANANTPUR, TQ: ATHANI, DIST: BELGAUM
8. SRI. SUNEEL RAMU APARAJ
AGED ABOUT 45 YEARS,
WORKING AS LIBRARIAN CUM ASSISTANT
SHRI D R PATIL COMPOSITE PRE UNIVERSITY
COLLEGE ANANTPUR, (HIGH SCHOOL SECTION)
TQ: ATHANI DIST: BELGAUM.
9. SRI. HANAMANT SIDDAPPA TALAWAR
S/O. SIDDAPPA TALAWAR
AGED ABOUT 55 YEARS,
WORKING AS HEAD MASTER
CHANDRAKALA BHIMARAO RANAMODE
:3:
COMPOSITE P U COLLEGE
(HIGH SCHOOL SECTION)
MALABAD, TQ: ATHANI
DIST: BELGAUM.
10. SRI. SURESH PUTALA KAMBLE
S/O. PUTALA KAMBLE
AGED ABOUT 51 YEARS,
WORKING AS ASSISTANT TEACHER
CHANDRAKALA BHIMARAO RANAMODE
COMPOSITE P U COLLEGE (HIGH SCHOOL
SECTION) MALABAD, TQ: ATHANI
DIST: BELGAUM.
11. SRI. PRAKASH MARUTI KAMBLE
S/O. MARUTI KAMBLE
AGED ABOUT 49 YEARS,
WORKING AS ASSISTANT TEACHER
CHANDRAKALA BHIMARAO RANAMODE
COMPOSITE P U COLLEGE (HIGH SCHOOL
SECTION) MALABAD, TQ: ATHANI
DIST: BELGAUM.
12. SRI. SATTYAPPA BHAIRAPPA IBRAHIMPUR
S/O. BHAIRAPPA IBRAHIMPUR
AGED ABOUT 44 YEARS,
WORKING AS DRAWING TEACHER
CHANDRAKALA BHIMARAO RANAMODE
COMPOSITE P U COLLEGE (HIGH SCHOOL
SECTION) MALABAD, TQ: ATHANI
DIST: BELGAUM.
13. SRI. PRAKASH SOMASHEKHAR SURAGOUD
S/O. SOMASHEKHAR SURAGOUD
AGED ABOUT 50 YEARS,
WORKING AS ASSISTANT TEACHER
CHANDRAKALA BHIMARAO RANAMODE
COMPOSITE P U COLLEGE (HIGH SCHOOL
:4:
SECTION) MALABAD, TQ: ATHANI
DIST: BELGAUM.
14. SRI BHAIRAPPA TAMMANNA AVATI
S/O. TAMMANNA AVATI
AGED ABOUT 32 YEARS,
WORKING AS ASSISTANT TEACHER
CHANDRAKALA BHIMARAO RANAMODE
COMPOSITE P U COLLEGE (HIGH SCHOOL
SECTION), MALABAD, TQ: ATHANI
DIST: BELGAUM.
15. SMT. HEMAMALINI BHIMAPPA DADDANAVAR
D/O. BHIMAPPA DADDANNAVAR
AGED ABOUT 43 YEARS,
WORKING AS ASSISTANT TEACHER
CHANDRAKALA BHIMARAO RANAMODE
COMPOSITE P U COLLEGE (HIGH SCHOOL
SECTION), MALABAD, TQ: ATHANI
DIST: BELGAUM.
16. SRI. AMAGONDA SIDDAPPA BERAD
S/O. SIDDAPPA BERAD
AGED ABOUT 30 YEARS,
WORKING AS ASSISTANT TEACHER
CHANDRAKALA BHIMARAO RANAMODE
COMPOSITE P U COLLEGE (HIGH SCHOOL
SECTION) MALABAD, TQ: ATHANI
DIST: BELGAUM.
17. SRI. BASAVARAJ BHIMAPPA KACHI
S/O BHIMAPPA KACHI, AGED ABOUT 40 YEARS,
WORKING AS SECOND DIVISIN ASSISTANT
CHANDRAKALA BHIMARAO RANAMODE
COMPOSITE P U COLLEGE (HIGH SCHOOL
SECTION) MALABAD, TQ: ATHANI
DIST: BELGAUM.
:5:
18. SRI. MAHANTESH DEVENDRA KAMBLE
S/O DEVENDRA KAMBLE, AGED ABOUT 29 YEARS,
WORKING AS ASSISTANT TEACHER,
VIMOCHANA SANGHS KANNADA MEDIUM
PRIMARY SCHOOL MALABAD, TQ: ATHANI
DIST: BELGAUM.
19. SRI. IRAGOUD BABUGOUD PATIL
S/O BABUGOUD PATIL, AGED ABOUT 45 YEARS,
WORKING AS ASSISTANT TEACHER
VIMOCHANA SANGHS KANNADA MEDIUM
PRIMARY SCHOOL MALABAD, TQ: ATHANI
DIST: BELGAUM.
20. SRI. SHIVARASWAMI NAGALINGASWAMI MATH
S/O NAGALINGASWAMIJI, AGED ABOUT 33 YEARS,
WORKING AS SECOND DIVISION
ASSISTANT S J A N HIGH SCHOOL
NAVALGUND DIST: DHARWAD.
21. SRI. PRADEEP BARAGI S/O. IRAPPA
AGED ABOUT 50 YEARS,
WORKING AS ASSISTANT TEACHER
NEW GIRLS HIGH SCHOOL RAMADURGM
DIST: BELGAUM. ... PETITIONERS
(BY SRI THYAGARAJ S., ADV.
FOR SRI.B.PADMANABHA, ADV.)
AND
1. THE STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF PRIMARY AND SECONDARY
EDUCATION, M S BUILDING,
BANGALORE-560 001.
2. THE DIRECTOR FOR
PRE UNIVERSITY EDUCATION
:6:
18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM, BANGALORE-560 012.
3. THE ADDITIONAL COMMISSIONER FOR
PUBLIC INSTRUCTIONS,
DHARWAD.
4. THE DIRECTOR FOR PUBLIC INSTRUCTIONS,
OFFICE AT ADDITIONAL COMMISSIONER
FOR PUBLIC INSTRUCTIONS,
DHARWAD.
5. THE DEPUTY DIRECTOR FOR
PRE UNIVERSITY EDUCATION,
BELGAUM DISTRICT,
BELGAUM.
6. THE DEPUTY DIRECTOR FOR
PUBLIC INSTRUCTIONS
CHIKKODI EDUCATIONAL DISTRICT,
CHIKKODI, BELGAUM DISTRICT.
7. THE DEPUTY DIRECTOR FOR
PUBLIC INSTRUCTIONS,
BELGAUM DISTRICT, BELGAUM.
8. THE DEPUTY DIRECTOR FOR
PUBLIC INSTRUCTIONS
DHARWAD DISTRICT,
DHARWAD. ... RESPONDENTS
(By Sri.ANAND K. NAVALGIMATH, HCGP)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF 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
:7:
RESPECTIVELY FOR THE PURPOSE OF FIXATION OF PAY
SCALE, SENIORITY, INCREMENTS INCLUDING TBA,
PENSIONARY 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 02.12.2010, W.P.NO.66892-66910/2011
DTD.19.10.2011 AND W.P.NO.25447/2010 DISPOSED OF BY
ORDER DTD.16.08.2010 WHICH IS AFFIRMED BY THE
DIVISION BENCH OF THIS HON'BLE COURT IN WRIT APPEAL
NO.4788/2010 DTD.22.09.2011 AND HON'BLE SUPREME
COURT IN SLP (CIVIL) CC 7365/2012 DTD.02.07.2012 AND
SLP (C)22176-22186/2010 AND CONNECTED WITH SLP (C)
NO. 14870-15136/2012 DISPOSED OF ON 21.08.2013 VIDE
ANNEXURES-Z9, Z10, Z11, Z12, Z13 AND Z14, AND ETC.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Learned HCGP is directed to take notice for State/respondents.
Although these matters 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, matters 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.
:8:
2. The petitioners in these petitions who belong to teaching and non-teaching staff of Educational Institutions 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 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 representation for extending the aforesaid benefits to them in the light of the earlier Judgments of this Court.
3. The 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.:9:
(ii) W.P.Nos. 37250-37254/2010 disposed of on 2-
12-2010 - K.C.PRAKASH AND OTHERS vs. STATE OF KARNATAKA AND OTHERS.
(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.
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 representation/s are not made by the petitioners, they are given liberty to make detailed representation/s in 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 : 10 : dispose of the same within three months from the date of receipt of such representation/s in the light of the decisions of this Court rendered in the aforesaid cases.
No order as to costs.
SD/-
JUDGE sub/-