Sri. B.K. Sannabommaji vs The State Of Karnataka on 22 July, 2019

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Karnataka High Court

Sri. B.K. Sannabommaji vs The State Of Karnataka on 22 July, 2019

Bench: P.B.Bajanthri

                            1

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 22ND DAY OF JULY, 2019

                       BEFORE

        THE HON'BLE MR. JUSTICE P.B.BAJANTHRI
     WRIT PETITION NOS.52461-52462/2015 (S - RES)

BETWEEN:

1.     SRI.B.K.SANNABOMMAJI,
       S/O KOTRPPA,
       AGED ABOUT 71 YEARS,
       RETIRED PRINCIPAL,
       R.T.E.S.COLLEGE, RANEBENNUR,
       NOW RESIDING AT NO.198, 7TH MAIN,
       C.Q.E.L. LAYOUT, SAHAKARNAGAR,
       BENGALURU - 560 092.

2.     SRI.K.SHANKARANARAYANAYYA,
       S/O K.MANJAYYA,
       AGED ABOUT 72 YEARS,
       RETIRED PROFESSOR,
       CAUVERY COLLEGE,
       GONI KOPPAL, KODAGU DISTRICT,
       R/O NO.650, ANUGRAHA,
       15TH MAIN, II BLOCK,
       GNANA BHARATI, BDA LAYOUT,
       MARIAPPANA PALYA,
       BENGALURU - 560 056.
                                    ... PETITIONERS
(BY SRI.CHANDRAKANTH R GOULAY, ADV.,)

AND:

1.     THE STATE OF KARNATAKA,
       BY ITS PRINCIPAL SECRETARY,
       HIGHER EDUCATION DEPARTMENT,
       BENGALURU - 560 001.
                              2

 2.   THE DIRECTOR OF COLLEGIATE
      EDUCATION,
      O/O THE COMMISSIONER OF
      COLLEGIATE EDUCATION,
      SESHADRI ROAD,
      BENGALURU - 560 001.

3.    THE ACCOUNTANT GENERAL
      OF KARNATAKA,
      PARK HOUSE,
      BENGALURU - 560 001.
                                       ... RESPONDENTS

(BY SRI. SREEDHAR N HEGDE, HCGP FOR R1;
    R2 AND R3 ARE SERVED BUT UNREPRESENTED)

      THESE WPs ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE   IMPUGNED    ORDER DATED       24.07.2015   PASSED
BY R-1 AS PER ANNEXURE - L AS ARBITRARY, ILLEGAL
AND VOID AND DISCRIMINATE OFFENDING ARTICLES 14
AND 16 OF THE CONSTITUTION OF INDIA AND ETC.,


      THESE WPs COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:

                        ORDER

The short question for consideration in the present petitions is whether the petitioners are entitled for UGC benefit for the purpose of fixation of pensionary benefits. The State Government introduced a policy for 3 UGC pay scales and consequential benefits for fixation of retiremental benefits with effect from 01.01.2006.

2. Undisputedly, the petitioners have attained the age of superannuation and retired from service prior to 01.01.2006. Thus, they are aggrieved by the decision of the State Government in rejecting their claim vide Annexure-'L' dated 24.07.2015.

3. Learned counsel for the petitioners relied on the earlier decision of this Court passed in K.Gopala's case decided on 22.3.2019 in W.P.Nos.775-787/2015 and connected matters. In that context, learned Government Advocate was directed to verify whether the present petitioners' claim is similar to that of K.Gopala's case or not. On instructions, it was submitted that petitioner's grievance is identical to that of K.Gopala's case.

In view of these facts and circumstances, the impugned order dated 24.07.2015 issued by the 1st respondent - State Government is hereby set aside in 4 terms of the order passed in W.P.Nos.775-787/2015 and connected matters. Writ petitions stands allowed.

Sd/-

JUDGE VMB

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