Karnataka High Court
Dr S R Jayaram S/O Late Sri S Ramachandra vs The State Of Karnataka on 16 June, 2014
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16TH DAY OF JUNE 2014
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
WRIT PETITION NO.20039 OF 2013 (S-RES)
C/W
WP NOS.20040-42/2013, 19912/2013,
20037-38/2013 AND 20043 OF 2013
WP NO.20039/13
BETWEEN
DR. S.R. JAYARAM
S/O LATE SRI S.RAMACHANDRA
AGED ABOUT 54 YEARS
R/O NO.5157,
RAVINDRA NAGAR,
HASSAN.
... PETITIONER
(BY SRI.K.N PHANINDRA & SMT. VAISHALI HEGDE, ADVS.)
AND
1. THE STATE OF KARNATAKA
REP BY THE SECRETARY
DEPARTMENT OF HIGHER EDUCATION
M S BUILDING, DR.AMBEDKAR ROAD
BANGALORE 560 001
2. THE DIRECTOR
DEPARTMENT OF TECHNICAL EDUCATION
2
PALACE ROAD
BANGALORE 560 001
3. AICTE SOUTH WESTERN REGIONAL OFFICE
REPRESENTED BY ITS SECRETARY
P K BLOCK PALACE ROAD
BANGALORE 560 009
4. MALNAD COLLEGE OF ENGINEERING
HASSAN 573 201
REPRESENTED BY ITS PRINCIPAL.
... RESPONDENTS
(BY SMT.M.S.PRATHIMA, HCGP FOR R1 & 2,
SRI.P.S.DINESH KUMAR, ADV. FOR R3
SRI. MANMOHAN P.N, ADV. FOR R4)
THIS W.P FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 TO
EXTEND THE BENEFIT OF THE 6TH PAY SCALE TO THE
PETITIONER W.E.F 1.1.2006 AND CONSEQUENTLY DIRECT THE
R1 AND 2 TO RELEASE ALL THE MONEYS IN ARREARS AND DUE
TO THE PETITIONER W.E.F 1.1.06 AT THE RATIO OF 85:15
[STATE COLLEGE] AS CONTEMPLATED UNDER THE GRANT IN
AID SCHEME AND ETC.,
WP NOS.20040-42/2013
BETWEEN
1. DR SHANMUKHAPPA A ANGADI
S/O SRI ANNASAHEB S ANGADI
AGED ABOUT 45 YEARS
R/O HOUSE NO 8,
12TH MAIN ROAD VIDYAGIRI
BAGALKOT 587 102
2. DR SHIVAKANT N KURBET
3
S/O SRI NIRUPADAPPA S KURBET
AGED ABOUT 53 YEARS
R/O PLOT NO 27/1 NANDAGOKUL
9TH CROSS VIDYAGIRI
BAGALKOT 587 102
3. SMT SUVARNA VEERABHADRAPPA HANJI
AGED ABOUT 4S
R/O HUNGUND BUILDING,
12TH CROSS VIDYAGIRI
BAGALKOT 587 102
... PETITIONERS
(BY SRI.K.N PHANINDRA & SMT. VAISHALI HEGDE, ADVS.)
AND
1. THE STATE OF KARNATAKA
REP BY THE SECRETARY
DEPARTMENT OF HIGHER EDUCATION
M S BUILDING,
BANGALROE 560 001
2. THE DIRECTOR
DEPARTMENT OF TECHNICAL EDUCATION
PALACE ROAD
BANGALORE -560001
3. AICTE SOUTH WESTERN REGIONAL OFFICE,
P K BLOCK PALACE ROAD,
BANGALORE 560 009
REP BY ITS SECRETARY
4. BASAVESHWARA ENGINEERING COLLEGE
S NIJALINGAPPA VIDYANAGAR,
BAGALKOT 587 102
REP BYITS PRINCIPAL
... RESPONDENTS
4
(BY SMT.M.S.PRATHIMA, HCGP FOR R1 & 2,
SRI.P.S.DINESH KUMAR, ADV. FOR R3
SRI. S.B.HEBBALLI, ADV. FOR R3)
THESE WRIT PETITIONS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE R-3 TO EXTEND THE BENEFIT OF THE 6TH PAY SCALE TO
THE PETITIONERS WITH EFFECT FROM 1.1.2006 AND
CONSEQUENTLY DIRECT THE R-1 & 2 TO RELEASE ALL THE
MONEYS IN ARREARS AND DUE TO THE PETITIONERS WITH
EFFECT FROM 1.1.2006 AT THE RATIO OF 85:15 (STATE
:COLLEGE) AS CONTEMPLATED UNDER THE GRANT IN AID
SCHEME AND ETC.,
WP NO.19912/2013
BETWEEN
DR M N SHANMUKHA SWAMY
S/O LATE SRI M NAGALINGA SWAMY
AGED ABOUT 56 YEARS
R/AT DOOR NO 1516, C AND D BLOCK
KUVEMPU NAGAR,
MYSORE 570 023
... PETITIONER
(BY SRI.K.N PHANINDRA & SMT. VAISHALI HEGDE, ADVS.)
AND
1. THE STATE OF KARNATAKA
REP BY THE SECRETARY
DEPARTMENT OF HIGHER EDUCATION
M S BUILDING, DR AMBEDKAR ROAD
BANGALORE 560 001
2. THE DIRECTOR
DEPARTMENT OF TECHNICAL EDUCATION
5
PALACE ROAD
BANGALORE 560 001
3. AICTE SOUTH WESTERN REGIONAL OFFICE,
REPREENTED BY ITS SECRETARY
P K BLOCK PALACE ROD
BANGALORE 560 009
4. SRI JACHAMARAJENDRA
COLLEGE OF ENGINEERING
REP BY ITS PRINCIPAL
MYSORE 570 006
... RESPONDENTS
(BY SMT.M.S.PRATHIMA, HCGP FOR R1 & 2,
SRI.P.S.DINESH KUMAR, ADV. FOR R3 & 4)
THIS W.P FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE 3RD
RESPONDENT TO EXTEND THE BENEFIT OF THE 6TH PAY SCALE
TO THE PETITIONER WITH EFFECT FROM 1.1.2006 AND
CONSEQUENTLY DIRECTING THE 1ST AND 2ND RESPONDENTS
TO RELEASE ALL THE MONEYS IN ARREARS AND DUE TO THE
PETITIONER WITH EFFECT FROM 1.1.2006 AT THE RATIO OF
85:15 [STATE : COLLEGE] AS CONTEMPLATED UNDER THE
GRANT IN AID SCHEME AND ETC.,
WP NOs.20037-38/13
BETWEEN
1. SRI SURESHA D
S/O SRI DHARMAPPA GOWDA
AGED ABOUT 41 EYARS
R/O NO.26, GRANTHA NILAYA
9TH A CROSS, GNANA JYOTHI NAGAR
NEAR MUNESHWARA TEMPLE
SHREE HARI LAYOUT
BANGALORE-560056
6
2. SRI PRAVEENA M V
S/O SRI B VEERAPPA
AGED ABOUT 37 YEARS
R/O NO.182, SIR
KEB OFFICE ROAD
ANJANANAGAR
VISHWANEDAM POST
BANGALORE-560091
... PETITIONERS
(BY SRI.K.N PHANINDRA & SMT. VAISHALI HEGDE, ADVS.)
AND
1. THE STATE OF KARNATAKA
REP BY THE SECRETARY
DEPARTMENT OF HIGHER EDUCATION
M S BUILDING
BANGALOR-560001
2. THE DIRECTOR
DEPARTMETN OF TECHNICAL EDUCATION
PALACE ROAD
BANGLORE-560002
3. AICTE SOUTH WESTERN REGIONAL OFFICE
P K BLOCK
PALACE ROAD
BANGALORE-560009
REPRESENTED BY ITS SECRETARY
4. DR AMBEDKAR INSTITUTE OF TECHNOLOGY
NEAR JNANA BHARATHI CAMPUS
BANGALORE-560056
REP BY ITS PRINCIPAL
... RESPONDENTS
(BY SMT.M.S.PRATHIMA, HCGP FOR R1 & 2,
7
SRI.P.S.DINESH KUMAR, ADV. FOR R3)
THESE WRIT PETITIONS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE R3 TO EXTEND THE BENEFIT OF THE 6TH PAY SCALE TO
THE PETITIONER W.E.F 1.1.2006 AND CONSEQUENTLY DIRECT
THE R1 AND 2 TO RELEASE ALL THE MONEYS IN ARREARS AND
DUE TO THE PETITIONER W.E.F 1.1.06 AT THE RATIO OF 85:15
[STATE COLLEGE] AS CONTEMPLATED UNDER THE GRANT IN
AID SCHEME AND ETC.,
WP NO.20043/13
BETWEEN
DR MAHADEVAPPA GADGE
S/O SRI BHEEMROY GADGE
AGED ABOUT 49 YEARS
R/O CHANDRA NILAYA
HOUSE NO 1-1949/63-33
SAMPIGE NAGAR MEHTA LAYOUT
NEAR P AND D QUARTERS
OLD JEWARGI ROAD
GULBARGA 585 102
... PETITIONER
(BY SRI.K.N PHANINDRA & SMT. VAISHALI HEGDE, ADVS.)
AND
1. THE STATE OF KARNATAKA
REP BY THE SECRETARY
DEPARTMENT OF HIGHER EDUCATION
M S BUILDING DR AMBEDKAR ROAD
BANGALORE 560 001
2. THE DIRECTOR
DEPARTMENT OF TECHNICAL EDUCATION
8
PALACE ROAD
BANGALORE 560 001
3. AICTE SOUTH WESTERN REGIONAL OFFICE
REP BY TIS SECRETARY
P K BLOCK PALACE ROAD
BANGALORE 50 009
4. SRI POOJYA DODDAPPA APPA
COLLEGE OF ENGINEERING
REP BY ITS PRINCIPAL
GULBARGA 570 006
... RESPONDENTS
(BY SMT.M.S.PRATHIMA, HCGP FOR R1 & 2,
SRI.P.S.DINESH KUMAR, ADV. FOR R3)
THIS W.P FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 TO
EXTEND THE BENEFIT OF THE 6TH PAY SCALE TO THE
PETITIONER W.E.F 1.1.2006 AND CONSEQUENTLY DIRECT THE
R1 AND 2 TO RELEASE ALL THE MONEYS IN ARREARS AND DUE
TO THE PETITIONER W.E.F 1.1.06 AT THE RATIO OF 85:15
[STATE COLLEGE] AS CONTEMPLATED UNDER THE GRANT IN
AID SCHEME
THESE WRIT PETITIONS COMING ON FOR HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Since common prayers are made in these writ petitions, I have examined each one and passed final order.
9
2. All these petitioners are working as Training Placement Officers/Professors, Selection Grade Programmers/Lecturers, System Analyst/Assistant Professor, Programmer/Lecturer. They have been appointed as such on various dates and for the convenience it is said that they are working since 2006 and 2007. The prayer made by the petitioners is for extension of VI Pay Commission by treating the posts in which they are working are on par with the professors and associate professors and lecturers prescribed under the AICTE Regulations. In the said regulations, what has been prescribed is only the Professors and Associate Professors, lecturers and these posts held by the petitioners were not prescribed by the State Government in its notification dated 26.3.1987 (Annexure-D). It is submitted that prior to 2010 regulations, these posts were identified on par with the posts of Professors, Associate Professors and Lecturers but for the first time in the year 2010 when the VI Pay Commission was introduced, these posts were not reflected in the regulations. Not so reflecting in the VI Pay commission resulted in denying the pay and other monetary benefits to the petitioners, who are working in various colleges. In the AICTE 10 Pay Scales, Service Conditions and Qualifications for the teachers and Other Academic Staff in Technical Institutions Regulations, 2010 vide notification dated 22.1.2010 sets out, there shall be only three designations in respect of teachers in Universities and Colleges namely, Assistant Professors, Associate Professors and Professors. The applicability of the said scheme was not extended to the post of professionals like System Analyst, Senior Analyst, Research Officers etc., who shall be treated at par with similarly qualified personnel in the AICTE Regulations, 2010. It is the case of the petitioners that their designations and posts are equivalent to Assistant Professors, Associate Professors prescribed in the AICTE Regulations, 2010. The State Government vide its notification (Annexure-D) in No.320 DBP(1)86 dated 26.3.1987 modified the staff pattern in respect of teaching cadres relating to aided courses in the aided Engineering Colleges. These petitioners were appointed as Training and Placement Officers (referred as Professor in Mechanical Engineering). In view of these references made to the posts for which the petitioners are appointed, these petitioners should have been extended the benefit of AICTE 11 Regulations pay benefits. The State Government, the respondent herein, though has permitted the constituent colleges of the VTU to appoint the petitioners as Training and Placement Officers which is equivalent to Professor in Mechanical Engineering etc., but not extending the salary attached to posts as per AICTE Regulations which is nothing but denial, arbitrary and violation of Article 14 of the Constitution of India. To fortify, the learned counsel referred the recent notification issued by Vishveshwaraiah Technical University vide Notification dated 3.3.2014 calling for application to appoint to the post of Training and Placement Officers, System Analyst, Selection Grade Programmer, Lecturer, System Analyst etc., and their salary has been shown as admissible under AICTE Regulations. The present notification covers the pay scale payable on the basis of AICTE Regulations and they have all the same to the petitioners who are appointed as Training and Placement Officer and System Analyst etc., denial of which is arbitrary on the part of the respondents. Thus they request to extend similar benefit to the petitioners which has not been done.
12
3. In support of the same, the learned counsel referred various judgments namely, W P No.5170/2002 D D 6.2.2003 between Thallappa Vs., Bangalore University wherein the petitioner made a prayer to extend AICTE Regulations for salary benefit where the petitioner was working as a Workshop Superintendent which is in the cadre of Assistant Professor for which this Court allowed the writ petition and directed the University to extend the benefit of AICTE pay scale. The Superintendent was extended 60 years for superannuation since he had extended AICTE pay scale to the said post treating him as if he was working in the teaching staff. The said judgment was challenged in W A No.2917/2001 which was disposed of on 12.4.2005 between Bangalore University Vs., Thallappa, wherein the Division Bench confirmed the order passed in the writ petition.
4. In another W P No.18069/2006 D D 21.7.2011 (R Shamsunder Vs., Bangalore University), where prayer was made for direction to the respondent University to grant pay fixation to the petitioner with effect from 1.1.1996 on the basis of AICTE 13 Regulations. The said writ petition was allowed and the respondent University was directed to grant the pay fixation to the petitioner with effect from 1.1.1996. In W A No.2704/2005 D D 12.8.2005 (Bangalore University Vs., Shamsundar), the said writ appeal was dismissed confirming the order passed in the writ petition. The order passed in the writ petition was complied in CCC(C) No.595/2012 filed by the petitioner, Shamsunder. In W P No.45264/2001 DD 29.1.2004 (Venkataswamy Reddy Vs., Bangalore University), similar prayer was allowed.
5. The learned Government Advocate for the Respondent submits that with regard to parity, there is no dispute but it is submitted that these posts were not notified in the AICTE Regulations and unless the notification covers these posts, the State Government is not in a position to extend the benefit sought for.
6. The submission of the State Government cannot be accepted for the following reasons. Though these posts were not notified in the 2010 Regulations for the purpose of monetary 14 benefit, but the very posts are notified in the year 2014 by the VTU, the scale attached to the Professor, Associate Professor and Assistant Professor in AICTE Regulations have been extended. Under these circumstances, the persons already working prior to 2010 and persons who are going to be selected as per 2014 notifications have been differentiated though they hold the same post. No persons shall be discriminated on the basis of the notifications as long as they hold the similar post. From the notification of 2010, it covers only the Professors, Associate and Assistant Professors but not the Training and Placement Officers, System Analyst, Selection Grade Programmer etc., These posts are required to be compared with the posts of Associate and Assistant Professors. If these posts are not prescribed in 2010 AICTE Regulations, but the question that crops up is as to why the State Government and VTU, prescribe the pay-scale for the appointment pursuant to the notification dated 03.03.2014. When benefit is extended to a person, the same benefit is entitled to persons who are similarly situated. In the circumstances and in the light of the judgments referred by the petitioners, referred to above, where it has been held that there 15 is unreasonable differentiation and irrational discrimination, being unconstitutional and violation of Article 14(1) of the Constitution. Hence I pass the following:
ORDER The writ petitions are allowed. The first respondent is directed to extend the pay-scale as provided in 2010 AICTE Regulations to the petitioners with effect from the date of appointment of the petitioners as expeditiously as possible and pass appropriate orders within 3 months from today. The petitioners are entitled to all consequential service and monetary benefits.
Sd/-
JUDGE AKD