Karnataka High Court
Sajid Abdul Mujeeb S/O M.A.Kareem And ... vs The State Of Karnataka on 21 August, 2015
W.P.Nos.205512-205535/2014
-1-
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF AUGUST, 2015
BEFORE
THE HON'BLE MR. JUSTICE H.G.RAMESH
WRIT PETITION NOs.205512-205535/2014 (S-RES)
BETWEEN:
1. SAJID ABDUL MUJEEB S/O M.A.KAREEM
AGED ABOUT 55 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
2. MD. MURTUZA HUSSAIN S/O MD. KAHSIM
AGED ABOUT 55 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
3. MD. ABDUL HAI ANSARI
S/O MD. QAYUM ANSARI
AGED ABOUT 56 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
4. GHOUS PATEL S/O SYED PATEL
AGED ABOUT 53 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA.
5. MAJEED A. S/O ABDUL RAHIM
AGED ABOUT 46 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
6. SYED SALAUDDIN PASHA S/O SYED ASADULLAH
AGED ABOUT 44 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
W.P.Nos.205512-205535/2014
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7. SUDAKAR RAO S/O BHEEMSHAIN RAO
AGED ABOUT 54 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
8. SYED ABDUL RAHMAN S/O SABULAL SAHIB
AGED ABOUT 59 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
9. MASTAN S/O ZAHOOR SAB MULTANI
AGED ABOUT 52 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
10. KARAZGI ABDUL HAI S/O ABDUL HAMEED
AGED ABOUT 49 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
11. PRAKASH BABU G.H. S/O HANMANTH.B.
AGED ABOUT 44 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
12. MD. OSMAN ARIF S/O ABDUL RAHEMAN
AGED ABOUT 43 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
13. GOUSE PASHA S/O MD. HUSSAIN
AGED ABOUT 53 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
14. MD. MUSTAQ S/O ALIBABA L ATTAR
AGED ABOUT 49 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
15. RAJ AHMED S/O IMAM SAHEB ONTI
AGED ABOUT 44 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
W.P.Nos.205512-205535/2014
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16. MD. ABDUL RAHEMAN SHAKIR
S/O MD. JALALUDDIN
AGED ABOUT 42 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
17. MOHIUDDIN NADAVI S/O MD. YOUNUS
AGED ABOUT 40 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
18. MD. YUSOOF HUSSAIN
S/O MD. FAQEER AHEMAD
AGED ABOUT 40 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
19. SANTOSH S/O BASKAR RAO SARAF
AGED ABOUT 51 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
20. FAREEDA JALAL S/O HIMAYAT ULLAH
AGED ABOUT 41 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
21. PRANEETHA DENAK S/O PETER DENAK
AGED ABOUT 40 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
22. MD. ZAMEERUDDIN S/O NIZAMUDDIN
AGED ABOUT 39 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
23. MUNAWAR HUSSAIN BASHA
S/O MUZAFFAR HUSSAIN BASHA
AGED ABOUT 53 YEARS
OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
24. ASHOK HALKATTI
S/O APPANNA HALKATTI
AGED ABOUT 55 YEARS
W.P.Nos.205512-205535/2014
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OCC: LECTURER IN KCT POLYTECHNIC (AIDED)
R/O GULBARGA, TQ. & DIST. GULBARGA
... PETITIONERS
(BY SRI R.S.SIDHAPURKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY
DEPARTMENT OF LAW AND PARLIAMENTARY AFFAIRS
VIDHANA SOUDHA, BANAGALORE - 560 001
2. THE STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY
DEPARTMENT OF TECHNICAL EDUCATION
VIDHAN SOUDHA, BANGALORE - 560 001
3. K.C.T. POLYTECHNIC (AIDED)
REPRESENTED BY ITS PRESIDENT
R/O RING ROAD, GULBARGA - 584 104
TQ. & DIST. GULBARGA
... RESPONDENTS
(SRI P. VILAS KUMAR, GOVT. ADVOCATE FOR R1 & R2,
R3 IS SERVED BUT UNREPRESENTED)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DECLARE THAT THE PROVISIONS OF SECTION 3(1) AND (2)
OF THE KARNATAKA PRIVATE AIDED EDUCATIONAL
INSTITUTIONS EMPLOYEES (REGULATION OF PAY, PENSION
AND OTHER BENEFITS) ACT, 2014 AS UNCONSTITUTIONAL
AND CONSEQUENTLY STRUCK DOWN THE SAID PROVISIONS
AS ARBITRARY AND ULTRA VIRUS OF THE CONSTITUTION OF
INDIA VIDE ANNEXURE-B AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
W.P.Nos.205512-205535/2014
-5-
ORDER
H.G.RAMESH, J.(Oral):
Heard. These writ petitions are allowed in terms of the order dated 10.07.2015 rendered by this Court in W.P.No.21216/2014 and other connected matters.
Petitions disposed of.
Sd/-
JUDGE LG