Karnataka High Court
Dr.Nagaraju H vs The State Of Karnataka on 22 August, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No.17381 OF 2021 (EDN-RES)
BETWEEN:
1. DR.NAGARAJU H
S/O HONNE GOWDA,
AGED ABOUT 28 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA
AND ORTHOPAEDICS,
BYRASANDRA, JAYANAGARA EAST,
BENGALURU-560 011.
2. DR MADHUSUDHA B
S/O H M BOJANNA,
AGED ABOUT 28 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGARA EAST,
BENGALURU-560 011.
3. DR NITHIN S M
S/O MAHESH S P,
AGED ABOUT 27 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGARA EAST,
BENGALURU-560 011.
4. DR SHRAVAN M KAGINELE
S/O MADHAVA K R,
AGED ABOUT 26 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
2
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGARA EAST,
BENGALURU-560 011.
5. DR LIKITH HARSON FERNANDIS
S/O HARSHA,
AGED ABOUT 26 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGARA EAST,
BENGALURU-560 011.
6. DR MANJUNATHA SWAMY S H
S/O HANUMANTHAPPA S N,
AGED ABOUT 25 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
7. DR SHAMSUNDAR Y
S/O TRINATH Y,
AGED ABOUT 28 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
8. DR YOGANANDA GALI HANUMAIAH
S/O GALI HANUMAIAH,
AGED ABOUT 28 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
9. DR EASWAR B
S/O BALASUBRAMANIAN
AGED ABOUT 28 YEARS
PURSUING POST GRADUATE
3
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
10 . DR MUTHU KISHORE M
S/O MARICHAMY
AGED ABOUT 28 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
11 . DR RAJENDRA
S/O K MALLAYYA
AGED ABOUT 27 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
12 . DR ANIL KUMAR S M
S/O NAGARAJU G S
AGED ABOUT 28 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
13 . DR ARJUN KUMAR V
S/O VIJAYA KUMAR,
AGED ABOUT 28 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
14 . DR APPASAB JAIPAL MURUGUNDE
S/O JAIPAL MURUGUNDIE,
AGED ABOUT 28 YEARS,
4
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
15 . DR SINDHU B
D/O BASAVARAJ,
AGED ABOUT 28 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
16 . DR NAGED GOWDA K N
S/O NAGARAJ K G,
AGED ABOUT 33 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
17 . DR SYED FARHAN BUKHARI
S/O SYED IBRAHIM BUKHARI
AGED ABOUT 27 YEARS
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
18 . DR ACHYUTHA S NAYAKA
S/O SINIVASA B
AGED ABOUT 29 YEARS
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
5
19 . DR ASHWINI S
S/O P SURESH
AGED ABOUT 27 YEARS
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
20 . DR BHARATH M C
S/O CHANDRU M
AGED ABOUT 27 YEARS
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
21 . DR. RAGHAVENDRA S
S/O. SRINIVASAMURTHY,
AGED ABOUT 27 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
22 . DR. VIJAY VITHAL MUNDEWADI
S/O. VISHWAS MUNDEWADI,
AGED ABOUT 29 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
23 . DR. BASAVARAJ P DADDENAVAR
S/O. P S DADDENAVAR,
AGED ABOUT 27 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
6
24 . DR. VARUN K O
S/O. V SASHIDHARAN,
AGED ABOUT 26 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
25 . DR. BASAVANAGOUDA NAGARAL
S/O SOMANAGOUD
AGED ABOUT 25 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
26 . DR. AKSHAY B G
S/O GIRISH KUMAR
AGED ABOUT 26 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
27 . DR. ARUNABH NEGI
S/O ASIM NEGI
AGED ABOUT 26 YEARS
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
28 . DR. DURGAPRASAD H DEVIHOSUR
S/O HANAMAPPA
AGED ABOUT 26 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
7
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
29 . DR. SHREYAS UMESH
S/O UMESH K S
AGED ABOUT 26 YEARS,
PURSUING POST GRADUATE
DEGREE IN ORTHOPAEDICS,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGAR EAST,
BENGALURU-560 011.
30 . DR. VIJAYKUMAR PATIL
S/O RAMANAGOUDA PATIL
AGED ABOUT 30 YEARS,
PURSUING FELLOWSHIP IN SPORTS
INJURY AND ARTHROSCOPY
SANJAY GANDHI INSTITUTE OF TRAUMA
AND ORTHOPAEDICS
BYRASANDRA JAYANAGARA EAST
BENGALURU 560 011.
31 . DR. MANJUNATH B V
S/O VENKATESH M
AGED ABOUT 33 YEARS
PURSUING FELLOWSHIP IN SPORTS
INJURY AND ARTHROSCOPY
SANJAY GANDHI INSTITUTE OF TRAUMA
AND ORTHOPAEDICS
BYRASANDRA, JAYANAGARA EAST
BENGALURU 560 011.
32 . DR. SHARAN ACHAR T
S/O T D NARAYANA
AGED ABOUT 30 YEARS
PURSUING FELLOWSHIP IN SPINE SURGERY
SANJAY GANDHI INSTITUTE OF TRAUMA
AND ORTHOPAEDICS
BYRASANDRA, JAYANAGARA EAST
BENGALURU 560 011.
33 . DR. KIRAN TEJ DAGGUPATI
S/O MANIKYAM DAGGUPATI
AGED ABOUT 30 YEARS,
PURSUING FELLOWSHIP IN SPINE
SURGERY,
SANJAY GANDHI INSTITUTE OF TRAUMA
AND ORTHOPAEDICS
8
BYRASANDRA, JAYANAGARA EAST
BENGALURU 560 011.
34 . DR. RISHIKESH MANAGOLI
S/O RAJENDRAKUMAR M. MANAGOLI
AGED ABOUT 29 YEARS,
PURSUING FELLOWSHIP IN ADVANCED
ORTHOPAEDIC TRAUMA
SANJAY GANDHI INSTITUTE OF TRAUMA
AND ORTHOPAEDICS
BYRASANDRA, JAYANAGARA EAST
BENGALURU 560 011.
35 . DR AKARSH R
S/O RAGHURAM REDDY,
AGED ABOUT 27 YEARS
PURSUING FELLOWSHIP IN MAXILLOFACIAL TRAUMA,
SANJAY GANDHI INSTITUTE OF TRAUMA
AND ORTHOPAEDICS
BYRASANDRA, JAYANAGARA EAST
BENGALURU 560 011.
36 . DR NIKHILA G
D/O GOPALAPPA H,
AGED ABOUT 29 YEARS
PURSUING FELLOWSHIP IN MAXILLOFACIAL TRAUMA,
SANJAY GANDHI INSTITUTE OF TRAUMA
AND ORTHOPAEDICS
BYRASANDRA, JAYANAGARA EAST
BENGALURU 560 011.
37 . DR AMOD K C
S/O SHYAMPRASAD K S,
AGED ABOUT 31 YEARS
PURSUING FELLOWSHIP IN ULTRASOUND
AND IMAGE GUIDED ADVANCED NERVE BLOCK,
SANJAY GANDHI INSTITUTE OF TRAUMA
AND ORTHOPAEDICS
BYRASANDRA, JAYANAGARA EAST
BENGALURU 560 011.
38 . DR RAJASEKHAR
S/O GOVINDAPPA,
AGED ABOUT 30 YEARS
WORKING AS SENIOR RESIDENT,
SANJAY GANDHI INSTITUTE OF TRAUMA
AND ORTHOPAEDICS
BYRASANDRA, JAYANAGARA EAST
BENGALURU 560 011.
9
39 . DR ASHWIN GOBBUR
S/O RAGHAVENDRA GOBBUR
AGED ABOUT 27 YEARS
WORKING AS SENIOR RESIDENT
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS, BYRASANDRA
JAYANAGARA EAST
BENGALURU 560 011.
40 . DR MAYUR
S/O N CHANDRASHEKAR
AGED ABOUT 29 YEARS
WORKING AS SENIOR RESIDENT
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANGARA EAST
BENGALURU 560 011.
41 . DR SIDDALING NARASANGI
S/O VEERASANGAPPA NARASANGI
AGED ABOUT 31 YEARS,
WORKING AS SENIOR RESIDENT
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANGARA EAST
BENGALURU 560 011.
42 . DR SACHIN
S/O N S KUMAR
AGED ABOUT 29 YEARS
WORKING AS SENIOR RESIDENT
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANGARA EAST
BENGALURU 560011
43 . DR. RAHUL BANSAL
S/O NARESH KUMAR BANSAL
AGED ABOUT 35 YEARS,
WORKING AS SENIOR RESIDENT
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS, BYRASANDRA,
JAYANAGARA EAST,
BENGLAURU-560 011.
44 . DR RAHUL P
S/O DR PRAKASH BHONSLE,
AGED ABOUT 30 YEARS,
10
PURSUING FELLOWSHIP IN SPORTS INJURY
AND ARTHOSCOPY,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGARA EAST,
BENGLAURU-560 011.
45 . DR.ADUL PATEWAGAR
S/O A.K.PATWEGAR,
AGED ABOUT 33 YEARS,
WORKING AS SENIOR RESIDENT
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS,
BYRASANDRA, JAYANAGARA EAST,
BENGLAURU-560 011.
46 . DR.MOHIT
S/O. RAMESH KUMAR NAHATA
AGED ABOUT 29 YEARS,
WORKING AS SENIOR RESIDENT,
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS, BYRASANDRA,
JAYANAGARA EAST,
BENGLAURU-560 011.
...PETITIONERS
(BY SRI. VIJAYA RAGHAVA SARATHY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE
SERVICES, VIKASA SOUDHA,
BENGALURU-560001.
2. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF MEDICAL EDUCATION,
VIKAS SOUDHA, BENGALURU-560001
3. THE DIRECTOR
DEPARTMENT OF MEDICAL EDUCATION,
ANANDA RAO CIRCLE,
BENGALURU-560009.
4. THE DIRECTOR
SANJAY GANDHI INSTITUTE OF TRAUMA AND
ORTHOPAEDICS, BYRASANDRA
11
JAYANAGAR EAST,
BENGALURU-560 011.
...RESPONDENTS
(BY SMT. KAVITHA H.C., HCGP FOR R-1 TO R-3;
SRI. D. RAGHU PRAKASH BABU, ADVOCATE FOR R-4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED GOVT. ORDER DATED 23.02.2021 ANNEXURE-D
ISSUED BY THE R1 IN SO FAR AS IT PERTAINS TO EXTENDING
THE REVISED INCREASED MONTHLY STIPEND PROSPECTIVELY
IS CONCERNED AND CONSEQUENTLY QUASH THE IMPUGNED
ENDORSEMENT ISSUED BY WAY OF COMMUNICATION DATED
23.04.2021 ANNEXURE-H ISSUED BY THE R1 AS ILLEGAL AND
INOPERATIVE AND ETC.
THIS W.P. COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
In this petition, petitioners have sought for the following reliefs:
a) Issue an appropriate writ, order or direction in the nature of certiorari quashing the impugned government order bearing No.A.Ku.Ka 30 HPC 2020, Bengaluru dated 23.02.2021 (Annexure - D) issued by the 1st respondent in so far as it pertains to extending the revised increased monthly stipend prospectively is concerned and consequently quash the impugned endorsement issued by way of communication bearing No.A.Ku.Ka 30 HPC 2020 dated 23.04.2021 (Annexure - H) issued by the 1st respondent as illegal and in operative;12
b) Issue an appropriate writ, order or direction in the nature of mandamus directing the 1st and 4th respondent to extend the revised increased monthly stipend to the petitioners herein with effect from 16.05.2020 (Annexure
- B) as considered and extended to the other similarly placed students pursuing studies in the other State Government Autonomous Institution and further pay or release the arrears of balance revised stipend in favour of petitioners as determined in Govt. Order dated 23.02.2021 (Annexure - D) for period from 17.05.2020 to 22.02.2021 with nominal interest in the interest of justice;
c) Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case."
2. Heard learned counsel for the petitioners and learned HCGP for respondent Nos.1 to 3 and learned counsel for respondent No.2 and perused the material on record.
3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the documents produced, learned counsel for the petitioners invites my attention to the government order at Annexure - B dated 16.05.2020, which stipulates that 13 the stipend for post-graduate fellowship and super-specialty students studying in respondent No.4 - College has to be increased from the existing amounts paid as indicated at Annexure - E dated 04.03.2021.
4. In this context, learned counsel submits that respondent No.4 is a government autonomous college coming under the administration of respondent No.1 / State and consequently, the petitioners who are studying in respondent No.4 / college are entitled to increase in the stipend w.e.f. 16.05.2020 in terms of Annexure - B. It is also submitted that pursuant to the request made by the petitioners and respondent No.4 / College seeking increase in stipend in terms of Annexure - B referred to supra, respondent Nos.1 and 2 directed increase in the stipend w.e.f. 23.02.2021 and not for the earlier period from 16.05.2020 to 23.02.2021 and consequently, the petitioners were constrained to submit a representation at Annexure - F dated 04.03.2021, which came to be rejected by the respondents vide the impugned Communication at Annexure - G dated 05.04.2021 and as such, the 14 petitioners are before this Court by way of the present petition.
5. Learned counsel for respondent No.4 / College does not dispute that respondent No.4 / College is a government autonomous college / institution coming under respondent No.1 / State and that the petitioners would be entitled to the benefit of the increase in stipend from 16.05.2020 upto 23.02.2021 in terms of Annexure - B. It is therefore submitted that appropriate orders in this regard may be passed by this Court.
6. Per contra, learned AGA for respondent Nos.1 to 3, in addition to reiterating the various contentions urged in the statement of objections and referring to the material on record submits that prior to issuance of the government order at Annexure - B dated 16.05.2020, respondent Nos.1 to 3 had already issued government order dated 19.07.2016, which was in force upto 23.02.2021 and consequently, upto that day the petitioners would not be entitled to increase in the stipend. It is therefore submitted 15 that there is no merit in the petition and that the same is liable to be dismissed.
7. I have given my anxious consideration to the rival submissions and perused the material on record.
8. As rightly contended by the learned counsel for the petitioners, a perusal of Annexure - B / government order dated 16.05.2020 will clearly indicate that in the light of the Covid-19 pandemic, all students studying in a government autonomous colleges / institutions would be entitled to increase in the stipend w.e.f. 16.05.2020. It is needless to state that the said notification having come into existence on 16.05.2020 pursuant to Covid-19 pandemic, the said notification, supersedes and overrides all earlier notifications including the earlier notification dated 19.07.2016, which was issued by the State Government prior to Covid-19 pandemic and as such, no reliance can be placed upon the said notification dated 19.07.2016 in order to contend that the petitioners would not be entitled to increase in stipend in terms of Annexure - B w.e.f. 16.05.2020. Under these circumstances, the said 16 contention urged by respondent Nos.1 to 3 / State cannot be accepted.
9. The material on record also discloses that respondent No.1 has paid the increased stipend in favour of the petitioners w.e.f. 23.02.2021 onwards. In my considered opinion the contention urged by respondent Nos.1 to 3 that the petitioners studying in respondent No.4 / College would be entitled to increase in stipend only from 23.02.2021 cannot be accepted in view of the undisputed fact that respondent No.4 / College is a government autonomous institution, who would also be entitled to the benefit of the government order dated 16.05.2020 issued in the wake of Covid-19 pandemic thereby increasing the stipend in respect of all government autonomous institutions including respondent No.4 / College from 16.05.2020 and since the petitioners are studying in the said institution, the impugned government order at Annexure - D dated 23.02.2021 and the impugned Communication at Annexure - H dated 23.04.2021 rejecting the claim of the petitioners for increase in stipend 17 in terms of Annexure - B from 16.05.2020 onwards and directing the increase in stipend to be paid only from 23.02.2021 onwards cannot be accepted and the same deserves to be quashed and appropriate directions in this regard are to be issued to respondent Nos.1 to 3.
10. In the result, I pass the following:
ORDER
a) Petition is hereby allowed.
b) Impugned government order at Annexure -
D dated 23.02.2021 and Communication at Annexure - H dated 23.04.2021 are hereby quashed.
c) The concerned respondent Nos.1 to 3 are hereby directed to extend the benefit of revised increased monthly stipend to the petitioners herein w.e.f. 16.05.2020 onwards and pay / release arrears of balance revised stipend from 16.05.2020 in favour of the petitioners as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of copy of this order.
Sd/-
JUDGE SV