Karnataka High Court
Sudhir C.Kulkarni vs State Of Karnataka on 5 April, 2023
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WP No. 107177 of 2014
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 5TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 107177 OF 2014 (S-RES)
BETWEEN:
1. SUDHIR C.KULKARNI,
AGE: 54 YEARS,
S/O. CHIDAMBAR R. KULKARNI,
WORKING AS SYSTEM ANALYST,
DEPARTMENT OF COMPUTER SCIENCE,
K.H. KABBUR INSTITUTE OF ENGINEERING,
VIDYAGIRI, DHARWAD-580004.
2. M.D. PANCHAMUKHI,
AGED ABOUT 48 YEARS,
S/O. DHEERENDRA S PANCHAMUKHI,
WORKING AS PROGRAMMER,
Digitally DEPARTMENT OF COMPUTER SCIENCE,
signed by K.H. KABBUR INSTITUTE OF ENGINEERING,
VISHAL
NINGAPPA VIDYAGIRI, DHARWAD-580004.
VISHAL PATTIHAL
NINGAPPA Location:
... PETITIONERS
PATTIHAL Dharwad
Date: (BY SRI. SAJID GOODWALA FOR
2023.04.06 SRI. JAGADISH PATIL, ADVOCATE)
10:29:30
+0530
AND:
1. STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL,
SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE-560001.
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WP No. 107177 of 2014
2. DIRECTOR OF TECHNICAL EDUCATION,
DEPARTMENT OF TECHNICAL EDUCATION,
PALACE ROAD, BANGALORE-560001.
3. K.H. KABBUR INSTITUTE OF ENGINEERING,
VIDHYAGIRI, DHARWAD-580004,
REP. BY ITS DIRECTOR.
... RESPONDENTS
(BY SRI. VINAYAK KULAKARNI, AGA FOR R1 & R2;
RESPONDENT NO.3 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO, DIRECT THE
RESPONDENTS TO CONSIDER THE CASES OF THE PETITIONERS
FOR GRANT OF AICTE PAY SCALES IN THE LIGHT OF THE
GOVERNMENT ORDER DATED 04.02.2009 (ANNEXURE-G)
WHEREIN THE SAID BENEFIT HAS BEEN GRANTED TO EMPLOEES
WHO ARE WORKING AS SYSTEM ANALYSTS ALONG WITH THE
PETITIONERS AND ON CONSIDERATION OF RECOMMENDATION
OF THE 2ND RESPONDENT DATED 22.10.2009 (UNDER
ANNEXURE-H) AND REPRESENTATIONS OF THE PETITIONERS
DATED 25.08.2012, AND 26.03.2013 (UNDER ANNEXURE-J & K)
AND GRANT THE PETITIONERS AICTE PAY SCALES IN TERMS OF
THE GOVERNMENT ORDER DATED 04.02.2009 WHICH GRANTED
AICTE PAY SCALES TO OTHER SYSTEM ANALYSTS WITH INTEREST
AT 12% PER ANNUM FROM THE DATE IT FELL DUE TILL DATE OF
PAYMENT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 107177 of 2014
ORDER
1. The case of the petitioners is that, they are employed with the 3rd respondent College and are entitled to be paid as per AICTE (All India Council for Technical Education) Guidelines by the 3rd respondent and as they were not paid accordingly, they along with others gave representations to the 3rd respondent and as the same has not been considered, the instant writ petition is filed.
2. The 3rd respondent, in spite of service of notice has not appeared before the Court. Learned AGA submits that the lis is between the petitioner and the 3rd respondent and that he is not in a position to state as to whether the petitioners are entitled to the said pay or not.
3. Under the circumstances, it is deemed appropriate to give liberty to the petitioners to make a fresh representation to the 3rd respondent to consider their case and in turn direct the 3rd respondent to consider the -4- WP No. 107177 of 2014 same in accordance with law in a time bound manner. Hence, the following:
ORDER
(i) The petitioners are permitted to give a fresh representation to the 3rd respondent regarding fixation of their pay scale.
(ii) The 3rd respondent shall, within six weeks after receipt of such a representation from the petitioners, consider their case in accordance with law and take appropriate decision.
(iii) The writ petition is disposed off accordingly.
Sd/-
JUDGE Vnp* List No.: 1 Sl No.: 30