Karnataka High Court
V.M.Vijayakumar vs State Of Karnataka on 25 July, 2014
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF JULY 2014
BEFORE
THE HON'BLE MR JUSTICE L. NARAYANA SWAMY
WRIT PETITIONS NO.35441 TO 35443 OF 2014 (S-RES)
BETWEEN:
1. V.M.VIJAYAKUMAR
AGED ABOUT 56 YEARS,
S/O MALLIKARJINAPPA
WORKING AS INSTRUCTOR
BAPUJI POLYTECHNIC
SHABANUR, DAVANAGERE-577004
2. G.B.SHIVAPRAKASH
AGED ABOUT 43 YEARS,
S/O G.P.BASAPPA,
WORKING AS INSTRUCTOR
BAPUJI POLYTECHNIC
SHABANUR, DAVANGERE-577004
3. AGUMBE BABURAO RAMAKRISHNA
AGED ABOUT 46 YEARS,
S/O RAMAKRISHNA,
WORKING AS INSTRUCTOR
S.M POLYTECHNIC
SAGAR-577401, SHIMOGA DISTRICT
4. PRATAP SINGH
AGED ABOUT 44 YEARS,
S/O OMAN SINGH,
WORKING AS INSTRUCTOR
S.M POLYTECHNIC
SAGAR-577401, SHIMOGA DISTRICT
2
5. JAGADEESH S BANDI
AGED ABOUT 46 YEARS,
S/O SHIVAPPA,
WORKING AS INSTRUCTOR
AL-KHATEEB POLYTECHNIC
BOOPSANDRA, RMV II STAGE,
BANGALORE-560 094
6. R VEERANA GOUDA OSANAGOUDAR
AGED ABOUT 46 YEARS,
S/O RUDRA GOUDA,
WORKING AS INSTRUCTOR
AL-KHATEEB POLYTECHNIC
BOOPSANDRA, RMV II STAGE,
BANGALORE-560 094
7. SMT.A.SARITHA
AGED ABOUT 32 YEARS,
D/O LATE ANJANAPPA,
WORKING AS INSTRUCTOR
MEI POLYTECHNIC
BANGALORE-560 010
8. PRASANNA
AGED ABOUT 40 YEARS,
S/O HOLIYAPPA NAIK,
WORKING AS FOREMAN
MEI POLYTECHNIC
BANGALORE-560 010
9. PARASHURAMAPPA
AGED ABOUT 46 YEARS,
S/O K.HALAPPA,
WORKING AS FOREMAN
PVP POLYTECHNIC, DR.AMBEDKAR
INSTITUTE OF TECHNOLOGY CAMPUS
BANGALORE-560 056
10.K.V.HARISHA
AGED ABOUT 47 YEARS,
3
S/O K.VAMANA GOWDA,
WORKING AS FOREMAN
KVG POLYTECHNIC, SULYA-574327
D.K.DISTRICT.
11.M.SHANKARA
AGED ABOUT 59 YEARS,
S/O R.MODOJI RAO
WORKING AS FOREMAN
NATIONAL INSTITUTE OF ENGINEERING
MANADWADI ROAD, MYSORE-570008
12.P.V.SATISH
AGED ABOUT 52 YEARS,
S/O P.R.VISHWANATHA SHETTY
WORKING AS FOREMAN
NATIONAL INSTITUTE OF ENGINEERING
MANADWADI ROAD, MYSORE-570008
13.M.P.PARAMESHWARA
AGED ABOUT 56 YEARS,
S/O PUTTANNA.M.P
WORKING AS FOREMAN
SRI.JAYACHAMARAJENDRA COLLEGE OF
......ENGINEERING, MYSORE-570006
...PETITIONERS
(BY SHRI M NAGAPRASANNA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
VIDHANA SOUDHA, BANGALORE-560 001
2. DIRECTOR OF TECHNICAL EDUCATION
DEPARTMENT OF TECHNICAL EDUCATION,
PALACE ROAD, BANGALORE-560 001
4
3. BAPUJI POLYTECHNIC
SHABANUR, DAVANGERE-577004
REPRESENTED BY ITS PRINCIPAL
4. S.M.POLYTECHNIC
G.P.ROAD, SAGAR-577401
SHIMOGA DISTRICT
REPRESENTED BY ITS PRINCIPAL
5. AL-KHATEEB POLYTECHNIC
BOOPASANDRA, R.M.V.II STAGE,
BANGALORE-560 094
REPRESENTED BY ITS PRINCIPAL
6. MEI POLYTECHNIC
RAJAJINAGAR, ,
BANGALORE-560 010
REPRESENTED BY ITS PRINCIPAL
7. PVP POLYTECHNIC
DR.AMBEDKAR INSTITUTE OF TECHNOLOGY CAMPUS,
BANGALORE-560 056
REPRESENTED BY ITS PRINCIPAL
8. KVG POLYTECHNIC
SULYA-574327
D.K.DISTRICT. REPRESENTED BY ITS PRINCIPAL
9. NATIONAL INSTITUTE OF ENGINEERING
MANADWADI ROAD, MYSORE-570008
REPRESENTED BY ITS PRINCIPAL
10.SRI.JAYACHAMARAJENDRA
COLLEGE OF ENGINEERING
MYSORE-570006
REPRESENTED BY ITS PRINCIPAL
...RESPONDENTS
(BY SMT. M.S. PRATHIMA, HCGP FOR R1)
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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE R1 AND R2 TO CONSIDER THE CASES OF THE PETITIONERS
FOR PAYMENT OF AICTE PAY SCALES IN THE LIGHT OF
RECOMMENDATIONS AND THE REPRESENTATIONS AND GRANT
AICTE PAY SCALE TO ALL THE PETITIONERS; AND ETC.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The prayer made by the petitioners in these petitions is for extension of All India Council for Technical Education (for short hereinafter referred to as 'AICTE') to the petitioners who are working in the cadre of Foreman/Instructors in various Polytechnics of the State. It is the case of the petitioners that the very issue was the subject matter in earlier writ petition No.10545 of 2005 disposed of on 5th April 2005 and in Writ Petition No.45264 of 2001 disposed of on 29th January 2004 and Writ Appeal No. 2207 of 2004 disposed of on 27th June 2005 wherein it is held that Foreman/Instructors are also entitled for AICTE pay-scale. Further, in this regard, in Writ Petition No.20039 of 2013 and connected matters disposed of on 16th June 6 2014, this Court directed the respondents to consider the case of the petitioners therein and pass appropriate orders on the representation made by the petitioners.
2. In this petition, the representation of the petitioners is at Annexure-AL. The said representation was made by the petitioners requesting the respondents to consider their case for extension of AICTE pay-scale to them. Hence, I dispose of these petitions with a direction to the respondents No.1 and 2 to consider the representation Annexure-AL made by the petitioners and to pass appropriate orders in the light of the judgments of this Court in the Writ Petitions and Writ Appeal supra within a period of three weeks from the date of receipt of a certified copy of this order. The petitioners are permitted to make available the copies of the judgments in the cases referred supra along with one more representation within a period of ten days from today. Subject to the said observation and direction, the petitions stand disposed of. 7
Government Pleader is permitted to file her memo of appearance within a period of six weeks from today.
SD/-
JUDGE lnn