Karnataka High Court
Dr F G Patil vs State Of Karnataka By Its on 27 September, 2016
Author: Raghvendra S.Chauhan
Bench: Raghvendra S. Chauhan
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF SEPTEMBER, 2016
BEFORE
THE HON'BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN
WRIT PETITION NOS.39399-39404 OF 2016 (S-R)
BETWEEN:
1. DR. F. G. PATIL
S/O. GURANAGOUDA,
AGED ABOUT 62 YEARS,
RETD. SELECTION GRADE LIBRARIAN,
STJ COLLEGE FOR WOMEN, BELUR ROAD,
CHIKKAMAGALURU-577101,
RESIDING AT NO.255, 'GOWRI RESIDENCY',
NAGADEVANAHALLI, BHUVANESHWARI NAGARA,
KENGERI HOBLI,
BENGALURU-560060.
2. VISHWANATH V. HEGDE
S/O. VENKATARAMANA HEGDE,
AGED ABOUT 64 YEARS,
RETD. SELECTION GRADE LIBRARIAN,
M. M. ARTS & SCIENCE COLLEGE,
SIRSI-581401,
RESIDING AT NO.552/B, C. P. BAZAR,
SIRSI-581401,
UTTARA KANNADA DISTRICT.
3. NAGABHUSHAN H. GOWDA
S/O. HALAPPA GOWDA,
AGED ABOUT 64 YEARS,
RETD. SELECTION GRADE
PHYSICAL EDUCATION DIRECTOR,
M. M. ARTS & SCIENCE COLLEGE,
SIRSI-581401,
RESIDING AT NO.101, 'NAGARATHNA NILAYA',
KHB COLONY, SIRSI-581402,
UTTARA KANNADA DISTRICT.
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4. MOHAMMED KHALEEL
S/O. MOHAMMED MASTHAN,
AGED ABOUT 63 YEARS,
RETD. SELECTION GRADE LIBRARIAN,
G.F.G. COLLEGE, BANNUR-571101,
MALIYUR POST, MYSURU DISTRICT.
RESIDING AT NO.56, SMB COLONY,
UDAYAGIRI,
MYSURU-570019.
5. M. B. GOUDANNAVAR
S/O. BHARAMANNA,
AGED ABOUT 68 YEARS,
RETD. SELECTION GRADE LIBRARIAN,
S.E.S. ARTS SCIENCE & COMMERCE COLLEGE,
SANDUR-583112, BALLARI DISTRICT,
RESIDING AT 'SREE RENUKAMBA',
BASAVANNA CANAL ROAD,
BHARATHI NAGAR, AMARAVATHI,
HOSAPETE-583222,
BALLARI DISTRICT.
6. S. SHANTHAMALLU
S/O. H. M. SHIVANANJAPPA,
AGED ABOUT 71 YEARS,
RETD. PHYSICAL EDUCATION DIRECTOR,
J.S.S. ARTS & COMMERCE COLLEGE,
GUNDLUPET-571123,
CHAMARAJANAGAR DISTRICT,
RESIDING AT NO.6, BLOCK NO.24,
BEHIND TELEPHONE EXCHANGE,
JSS LAYOUT,
MYSURU-570029.
... PETITIONERS
(BY SRI K. B. MURALIDHAR, ADV.)
AND:
1. STATE OF KARNATAKA BY ITS
PRINCIPAL SECRETARY TO GOVERNMENT,
EDUCATION DEPARTMENT (HIGHER EDUCATION),
M. S. BUILDING,
BENGALURU-560001.
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2. THE COMMISSIONER FOR COLLEGIATE
EDUCATION IN KARNATAKA,
BENGALURU-560001.
3. THE JOINT DIRECTOR OF COLLEGIATE EDUCATION
NEAR SAHYADRI COLLEGE,
SHIVAMOGGA-577203.
4. THE JOINT DIRECTOR OF COLLEGIATE EDUCATION
DHARWAD-580001.
5. THE JOINT DIRECTOR OF COLLEGIATE EDUCATION
KALABURAGI-585101.
6. THE JOINT DIRECTOR OF COLLEGIATE EDUCATION
MYSURU-570001.
7. THE ACCOUNTANT GENERAL IN KARNATAKA (A & E)
PARK HOUSE,
BENGALURU-560001.
... RESPONDENTS
(BY: R-1 TO R-7 ARE SERVED)
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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF
THE PETITIONERS DATED 29-12-2015, 26-12-2015, 28-12-2015
AND 4-2-2016 VIDE ANNEXURES - R TO W RESPECTIVELY
REGARDING EXTENSION OF THE REVISED U.G.C. PAY SCALES OF
1996 TO THE PETITIONERS BY FIXING THEIR PAY AT RS.14,940/-
AS AND WHEN THEY HAVE COMPLETED FIVE YEARS OF SERVICE
IN SELECTION GRADE WITH ALL CONSEQUENTIAL MONETARY
BENEFITS SUCH AS ARREARS OF SALARY AND ARREARS OF
RETIREMENT BENEFITS IN THE LIGHT OF THE ORDER OF THE
GOVERNMENT OF INDIA DATED 6-11-1998 VIDE ANNEXURE-E
AND AS PER THE ORDER OF THE HON'BLE HIGH COURT OF
KARNATAKA DATED 13-2-2009 PASSED IN W.P.NO.5855 OF 2008
VIDE ANNEXURE-J AND THE ORDER DATED 13-8-2012 PASSED
IN W.P.NO.65861-65862 OF 2012 VIDE ANNEXURE-M AND THE
GOVERNMENT ORDER DATED 7-1-2014 PASSED BY RESPONDENT
NO.1 VIDE ANNEXURE-Q.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Mr. K.B. Muralidhar, the learned counsel for the petitioners, submits that in identical writ petitions, namely Writ Petition Nos.41299-41304 of 2015 (J. Swamy & Others v. State of Karnataka & Others), by order dated 23-9-2015, this Court had directed the respondents to consider the representations filed by the petitioners therein. Subsequently, the Government has passed the order dated 5-8-2016, and granted the benefit of University Grants Commission pay scales with effect from 1-1-1996 to the Teachers, Librarians, Physical Education Directors in the Government and Aided Colleges under the control of Government of Karnataka. Therefore, the learned counsel makes a limited prayer to this Court that since similar issue is raised in the present writ petitions, the respondents should be directed to consider the petitioners' representations dated 29-12-2015, 26-12-2015, 28-1-2015 and 4-2-2016, and to pass a speaking order, as aforementioned.
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2. Since the prayer is both reasonable and limited one, this Court directs the respondents to consider the petitioners' representations, mentioned hereinabove, and to pass a reasoned order, after giving an opportunity of hearing to the petitioners. The said exercise shall be concluded within three weeks from the date of receipt of a certified copy of this order.
With this direction, the petitions stand disposed of.
Sd/-
JUDGE kvk