Sri S Ningaiah vs The State Of Karnataka on 30 June, 2022

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Karnataka High Court

Sri S Ningaiah vs The State Of Karnataka on 30 June, 2022

Bench: S. Sunil Dutt Yadav

                          1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 30TH DAY OF JUNE, 2022

                       BEFORE

     THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

        WRIT PETITION No.19728/2021 (S-RES)

BETWEEN:

SRI. S. NINGAIAH,
S/O. LATE. SHAMBAIAH,
AGED ABOUT 68 YEARS,
RETIRED LECTURER,
R/AT NO.2, SHUMBHUNIDHI FARM HOUSE,
SREERANGARAJAPURA,
VYSARAJA PURA POST, SOSALE HOBLI,
T. NARASIPURA TALUK,
MYSURU DISTRICT - 571 120.
                                       ... PETITIONER
(BY SRI. H. J. ANANDA, ADVOCATE)

AND:

1.    THE STATE OF KARNATAKA,
      REPRESENTED BY ITS PRINCIPAL SECRETARY,
      PRIMARY AND HIGHER EDUCATION DEPARTMENT,
      M.S. BUILDING, DR. AMBEDKAR ROAD,
      BENGALURU - 560 001.

2.    THE DIRECTOR OF PRE-UNIVERSITY EDUCATION,
      PRE-UNIVERSITY EDUCATION DEPARTMENT,
      18TH CROSS, MALLESHWARAM,
      BENGALURU - 560 012.

3.    THE DEPUTY DIRECTOR,
      PRE-UNIVERSITY AND VOCATIONAL TRAINING
                                 2


     DEPARTMENT,
     GADAG DISTRICT,
     GADAG - 582 114.

4.   THE PRESIDENT/SECRETARY,
     GAJENDRAGAD VIDYA VARDHAKA SANGHA,
     GAJENDRAGADA,
     GADAG DISTRICT - 582 114.

5.   THE PRINCIPAL,
     S.M. BHOOMA REDDY PRE-UNIVERSITY COLLEGE,
     GAJENDRAGADA,
     GADAG DISTRICT - 582 114.
                                    ... RESPONDENTS

(BY SMT. M.C. NAGASHREE, AGA FOR R1 TO R3;
    SRI. K.S. RAMESH, ADVOCATE FOR R4 & R5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R3 TO R5 TO GRANT FIVE STAGNATION
INCREMENTS TO THE PETITIONER WHICH WERE ACCURED
ON 01.02.2009, 01.02.2010, 01.02.2011, 01.02.2012 AND
ON 01.02.2013 AS PER ORDER DATED 17.08.2021 PASSED
BY THE R2 VIDE AT ANNEXURE - E AND CONSEQUENTLY TO
DIRECT THE RESPONDENTS TO PAY ALL MONETARY
BENEFITS ALONG WITH THE INTEREST AT THE RATE OF 12
PERCENT P.A. FROM 01.02.2009 TO TILL THE ACTUAL DATE
OF PAYMENT TO THE PETITIONER AND ETC.

     THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT, MADE THE FOLLOWING:

                            ORDER

The petitioner has filed the present writ petition seeking for issuance of writ of mandamus directing 3 respondents No.3 to 5 to grant five stagnation increments to the petitioner accrued on 01.02.2009, 01.02.2010, 01.02.2011, 01.02.2012 and 01.02.2013 as per the order dated 17.08.2021 at Annexure- E.

2. The petitioner submits that during the pendency of the proceedings, an order is passed on 18.03.2022, whereby the 1st, 2nd, 3rd, 4th and 5th stagnation increments have been granted.

3. Learned Additional Government Advocate appearing on behalf of the respondents submits that pursuant to the said order, the matter has been referred to the Accountant General and financial benefit in terms of the order dated 18.03.2022 would flow consequently and steps would be taken by the respondents to ensure that the financial benefits would be released at the earliest.

4. Taking note of the said undertaking and the order of 18.03.2022, petition is disposed off as calling for no further adjudication. In the event, in terms of the order 4 dated 18.03.2022, financial benefits are not made available to the petitioner within a period of six months from the date of receipt of copy of this order, petitioner is at liberty to move this Court seeking for payment of interest for the delayed payment.

Memo dated 30.06.2022 filed by the petitioner is taken on record.

Sd/-

JUDGE PN

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