Karnataka High Court
M. Vageesh vs State Of Karnataka on 14 July, 2014
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 14TH DAY OF JULY, 2014
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
W.P. NOS.31857-31868 OF 2014
BETWEEN:
1. M. VAGEESH
AGED ABOUT 57 YEARS,
S/O LATE T.R.MAHADEVAN,
WORKING AS FOREMAN,
DR.AMBEDKAR INSTITUTE OF TECHNOLOGY,
NEAR GNANABHARATHI CAMPUS,
MALLATHAHALLI, BANGALORE-560 056.
2. K. AJAY SIMHA
AGED ABOUT 42 YEARS,
S/O P.N. KRISHNAJI RAO,
WORKING AT FOREMAN,
DR. AMBEDKAR INSTITUTE OF TECHNOLOGY,
NEAR GNANABHARATHI CAMPUS,
MALLATHAHALLI, BANGALORE-560 056.
3. H.E. VISWESHWARACHAR
AGED ABOUT 53 YEARS,
S/O ESWARACHAR,
WORKING AS FOREMAN,
DR. AMBEDKAR INSTITUTE OF TECHNOLOGY,
NEAR GNANABHARATHI CAMPUS,
MALLATHAHALLI, BANGALORE-560 056.
4. VIJAYA
AGED ABOUT 52 YEARS,
S/O NAGAIAH GOWDA,
WORKING AS FOREMAN,
DR. AMBEDKAR INSTITUTE OF TECHNOLOGY,
2
NEAR GNANABHARATHI CAMPUS,
MALLATHAHALLI, BANGALORE-560 056.
5. K.S.LOKESHA
AGED ABOUT 43 YEARS,
S/O N.SRINIVASA,
WORKING AS FOREMAN,
DR.AMBEDKAR INSTITUTE OF TECHNOLOGY,
NEAR GNANABHARATHI CAMPUS,
MALLATHAHALLI, BANGALORE-560 056.
6. M.GOPAL
AGED ABOUT 51 YEARS,
S/O LATE B.MAHADEVA GOWDA,
WORKING AS FOREMAN,
PES COLLEGE OF ENGINEERING,
MANDYA-571 401.
7. K.M.SURESH
AGED ABOUT 42 YEARS,
S/O D. MADAIAH,
WORKING AS INSTRUCTOR,
DR.AMBEDKAR INSTITUTE OF TECHNOLOGY,
NEAR GNANABHARATHI CAMPUS,
MALLATHAHALLI,
BANGALORE-560 056.
8. N.R. SHAKLE,
AGED ABOUT 33 YEARS,
S/O LATE NARAYANA RAO,
WORKING AS INSTRUCTOR,
DR.AMBEDKAR INSTITUTE OF TECHNOLOGY,
NEAR GNANABHARATHI CAMPUS,
MALLATHAHALLI, BANGALORE-560 056.
9. S. RAMAMURTHY
AGED ABOUT 49 YEARS,
S/O B.R. SHAM BHATTA,
WORKING AS INSTRUCTOR,
3
DR.AMBEDKAR INSTITUTE OF TECHNOLOGY,
NEAR GNANABHARATHI CAMPUS,
MALLATHAHALLI, BANGALORE-560 056.
10. C. ASHOK
AGED ABOUT 51 YEARS,
S/O LATE K.CHANDRASHEKAR RAO,
WORKING AS INSTRUCTOR,
DR. AMBEDKAR INSTITUTE OF TECHNOLOGY,
NEAR GNANABHARATHI CAMPUS,
MALLATHAHALLI, BANGALORE-560 056.
11. J.E. BALAKRISHNACHAR
AGED ABOUT 46 YEARS,
S/O LATE ESWARACHAR,
WORKING AS INSTRUCTOR,
DR. AMBEDKAR INSTITUTE OF TECHNOLOGY,
NEAR GNANABHARATHI CAMPUS,
MALLATHAHALLI, BANGALORE-560 056.
12. D.R. SALEEM
AGED ABOUT 40 YEARS,
S/O D.A. REHAMANSAB,
WORKING AS INSTRUCTOR,
UBDT COLLEGE OF ENGINEERING,
DAVANGERE-577 004. ...PETITIONERS
(By SRI NAGA PRASANNA M, ADV.)
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.
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3. DR. AMBEDKAR INSTITUTE OF TECHNOLOGY
NEAR GNANABHARATHI,
MALLATHAHALLI, BANGALORE-560 001.
REPRESENTED BY ITS PRINCIPAL.
4. PES COLLEGE OF ENGINEERING
MANDYA-571 401,
REPRESENTED BY ITS PRINCIPAL.
5. UBDT COLLEGE OF ENGINEERING
DAVANGERE-577 004,
REPRESENTED BY
ITS PRINCIPAL. ...RESPONDENTS
(By SMT M.S. PRATHIMA, HGGP )
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF
INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS
LEADING TO THE CLAIM OF THE PETITIONERS FOR
AICTE PAY SCALES. AND DIRECT THE R-1 AND R-2 TO
CONSIDER THE CASES OF THE PETITIONERS FOR
PAYMNET OF AICTE PAY SCALES IN THE LIGHT OF THE
RECOMMENDATIONS AND THE REPRESENTATIONS
AND GRANT AICTE PAY SCALES TO ALL THE
PETITIONERS FROM VARIOUS DATES OF THEIR
RESPECTIVE PROMOTIONS AS FOREMAN AND
INSTRUCTOR IN THE RESPONDENT INSTITUTIONS
ALONG WITH INTEREST AT 12% PER ANNUM FROM
THE DATE THE AMOUNTS BECAME DUE TILL THE
DATE OF PAYMENT..
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT PASSED
THE FOLLOWING:
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ORDER
Government Advocate is directed to take notice for respondents 1 and 2. Notice to Respondents 3 to 5 is dispensed with for time being.
2. In this writ petition, the petitioners have sought for a writ of mandamus directing the respondents 1 and 2 to consider the cases of the petitioners for payment of AICTE Pay scales in the light of the recommendations and the representation and grant AICTE pay scales to all the petitioners from various dates of their respective promotions as Foreman and Instructor in the respondent - Institution. The petitioners state that they are working in the cadre of Foreman in the 4th respondent - Institute. The grievance of the petitioners is that they should be treated as equivalent to that of teachers. The learned counsel for the petitioner relied upon the decision in W.P.No.4524/2001 wherein this Court has held that the post of Foreman is to be considered as equivalent to that of a teacher. Hence petitioners sought direction to the second respondent to consider the cases of petitioners for payment of AICTE pay scales. 6
3. The learned counsel for the petitioners also submitted in similar cases, this Court has issued direction to the respondents to consider the cases for the purpose of benefit of AICTE pay scales. The order passed in W.P.No.45264/2001 ( S-Res) in the case of Y. Venkataswamy Reddy Vs. Bangalore University and another decided on 29.1.2004 is produced and submitted that the respondent should extend the benefits on par with others.
4. The learned Govt. Pleader submitted that if representation is given that will be considered in accordance with law. Therefore, the respondents are directed to consider the representation as per Annexure AF dated 19.12.2013 and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of copy of this order.
5. The learned Govt. Pleader is permitted to file memo of appearance within six weeks.
Writ petitions are accordingly disposed of.
Sd/-
JUDGE NM/-