Karnataka High Court
Irayya S/O. Sangayya Pujari vs The Secretary Higher Education on 30 July, 2012
Author: S.Abdul Nazeer
Bench: S. Abdul Nazeer
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 30TH DAY OF JULY 2012
BEFORE
THE HON'BLE MR.JUSTICE S. ABDUL NAZEER
WRIT PETITION NO.62679/2012
& W.P.NOS.62680 TO 62704/2012 (S-R)
Between:
1 Irayya,
S/o Sangayya Pujari,
Aged about 64 years,
Retired on 31.12.2005 As S.G.Physical Director,
Sri Shankar College, Navalgund,
Dharwad Dist.,
R/o Basava Kripa, V Cross,
Maratha Colony, Dharwad.
2 Chanabasayya Rudrayya Hiremath,
Aged about 65 years,
Retired on 30.4.2005 as S.G.Librarian,
MES College of Commerce,
Sirsi, U.K., r/o Mallikarjun
Nilay, Marikamba Nagar,
Sirsi, U.K.
3 Basa Nayak S. Patil,
Aged about 65 years,
Retired on 31.5.2005 as S.G.Librarian,
Sri Shankar Arts, Science & Commerce College,
Navalgund, Dharwad District,
R/o H.No.34, Patil Layout,
III Cross, Lingraj Nagar,
Hubli - 31.
2
4 S.G.Biradar,
Aged about 64 years,
Retired on 31.5.2005 as S.G.Librarian,
Bangur Nagar Arts, Science & Commerce Colelge,
Dandeli - 581 325, R/o Sri Someshwar Sadan,
Raghavendra Math Road,
Dandeli, U.K.
5 N.C. Hiremath,
Aged about 64 years,
Retired on 31.12.2005 as S.G.Librarian,
Basaveshwar Science College, Bagalkot,
R/o Rajatgiri III Main, Kalaghatgi Road,
Dharwad - 2.
6 Ganapati Kuppayya Bhat,
Aged about 66 years,
Retired on 28.2.2003 as S.G.Librarian,
Dr.A.V.Baliga College of Commerce,
Kumata, U.K., r/o Gayatri Keregadde,
Muroor Post, Kumata Tq., U.K.
7 M.B. Patil,
Aged about 64 years,
Retired on 31.3.2005 as P.C.I.,
P.C.Jabin's Science College, Hubli,
R/o Vivek Nilay, KLE III Stage,
Main Road, Lingraj Nagar, Hubli - 31.
8 Kalakappa Ishwarappa Bisanalli,
Aged about 65 years,
Retired on 31.3.2005 as P.C.I.,
Shri Annadaneshwar Arts, Science & Commerce College,
Naregal, Ron Tq., Gadag Dist.,
R/o H.No.430 D, Opt.T.M.C.,
Naregal 582 119, Gadag Dist.
3
9 Ningangouda Shivangouda Patil,
Aged about 65 years,
Retd.on 31.3.2005 as P.C.I.,
Municipal Arts College, Laxmeshwar,
Shirahatti Tq., Gadag., R/o Near Pampa Circle,
Laxmeshwar, Gadag Dist.
10 Mallikarjun Gangappa Turamari,
Aged about 65 years,
Retd. On 30.6.2004 as P.C.I,
KRCES Degree College, Bailhongal,
Belgaum District., R/o Channammanagar, I Cross,
Bailhongal, Belgaum Dist.
11 Bhimappa Ramappa Gudgudi,
Aged about 65 years,
Retd. On 31.7.2004 as P.C.I.,
JSS Arts, Science and Commerce College,
Gokak, Belgaum District,
R/o Near LPC Gas Godown,
Gokak, Belgaum Dist.
12 V.R.Shastri,
Aged about 66 years,
Retd. On 31.1.2004 as PCI,
SDM College, Honnavar, U.K.,
R/o Gangeya Forest Colony,
Prabhat Nagar, Honnavar, U.K.
13 P.S.Kanamadi,
Aged about 65 years,
Retd. On 31.3.2005 as S.G.Librarian,
MGVC Arts, Commerce & Science College,
Muddebihal, Bijapur District,
R/o C/o Dr.G.S.Kad-devarmath,
Parvatinilaya, Near K.C.Park,
Hallikeri Chawl, Dharwad - 8.
4
14. C.G.Hiremath,
Aged about 69 years,
Retd.on 31.12.2000 as PCI,
MGVC Muddebihal, Bijpaur District,
R/o D.No.42, Goudar Oni,
Gulaganji Koppa, Dharwad - 8.
15. S.G.Angadi,
Aged about 64 years,
Retd. On 31.12.2005 as PCI,
C.S.Bembalgi SMRP Science & GL Rathi
Commerce College, Ramdurga Dist.,
Belgaum, r/o Parvati Nilaya, Mahantesh Nagar,
Ramdurga, Belgaum Dist.
16 Girimalla Shivaray Kumbar,
Aged about 66 years,
Retd. On 31.1.2004 as S.G.Librarian,
S.M.Bhandari & Rathi College,
Guledgudda, Begalkot District, R/o C/o Prof.S.N.Kumbar
Basaveshwar Nagar, Guledgudda, Bagalkot Dist.
17 Jeevan Rao Hanumant Rao Desai,
Aged about 66 years,
Retd. On 31.8.2004 as S.G.Physical Education Director,
KLS Gogte College of Commerce, Belgaum,
R/o Plot No.69, Sri Madd Raghavendra
Co-op.Housing Society, Ranichannamma Nagar,
Belgaum - 590 006.
18 Timmangouda Basangouda Devaraddi,
Aged about 66 years,
Retd. On 31.6.2004 as Physical Director,
SECAB's ARS, Inamdar Arts, Science & Commerce
College for Women, Bijapur,
R/o C/o Badwadgi Oni, Hungund,
Bagalkot District.
5
19 Shankrappa Mudiyappa Chikkoppa,
Aged about 65 years,
Retd.on 28.2.2005 as Physical Education
Director, G.H.Arts, Science & Commerce College,
Haveri, r/o Basava Apartment, H.No.5,
Banker's Colony, Mulgund Road,
Gadag 582 101.
20 Mallikarjun Sangappa Halapeti,
Aged about 67 years,
Retd.on 28.2.2002 as S.G.Physical Education Director,
VMSR Vastrad Arts, Science College,
Hunagund, Bagalkot District,
R/o H.No.2335/1, Vidyanagar,
Hunagund, Bagalkot District.
21 Ramchandra Hanumant Rao Kulkarni,
Aged about 61 years,
Retd.on 31.5.2011 as S.G.Librarian,
Municipal Arts College, Laxmeshwar-582 116,
R/o Hireban Laxmeshwar, Gadag Dist.
22 Keshav Ganapa Bhat,
Aged about 61 years,
Retd.on 30.11.2010 as S.G.Librarian,
SDM Degree College, Honnavar, U.K.,
R/o Keleginkeri Karki, Honnavar Tq.,
U.K. 581 341.
23 Ishwar Sidhalingappa Biradar,
Aged about 65 years,
Retd.on 30.4.2005 as S.G. P.C.I. New Arts College,
Tikota, Tq. & Dist., Bijapur, r/o C/o S.I.Biradar,
H.No.204, G-4, II Floor, Madhura Plots,
Madhura Estate, Hubli 580 023.
6
24 Sumanth Shanrappa Kori,
Aged about 69 years,
Retd.on 31.10.2001 as S.G.P.C.I.,
ASP College of Commerce, Bijapur,
R/o C/O I.S.Pujar, Sri Basavakripa,
5th Cross, Maratha Colony,
Dharwad - 8.
25 Basavaraj Sidramappa Managuli,
Aged about 63 years,
Retd.on 31.5.2005 as S.G.Librarian,
New Arts College, Tikota 586 130,
Tq. & Dist., Bijapur,
R/o C/o S.G.Lakkimar, MIG 208,
Near State Bank of India,
Navanagar, Hubli.
26 Ravasaheb Appanna Pujari,
Aged about 69 years,
Retd. On 28.2.2001 as Physical Director,
Shivanand College, Kagwad 591 223,
Athani Tq., Belgaum Dist.,
R/o Patil Galli, Kagwad, Athani Tq.,
Belgaum Dist. .... Petitioners.
(By Sri Basavaraj Swami Virakthamath, Adv.)
And:
1 The Secretary,
Higher Education, M.S.Bldg.,
Bangalore - 1.
2 The Commissioner for Collegiate Education,
Palace Road, Bangalore - 1.
3 The Joint Director of Collegiate Education,
Dharwad - 1.
7
4 The Accountant General ,
Park House Road,
Bangalore - 1. .... Respondents.
(By Smt. K. Vidyavathi, AGA)
---
These Writ Petitions are filed under Articles 226 & 227 of
the Constitution of India, praying to direct the respondents to make
payment of arrears recovered from the petitioners along with 12%
interest and grant UGC scale of 1996 w.e.f. 1.1.1996 to the
qualified petitioners with all consequential benefits, etc.
These Writ petitions coming on for Preliminary Heraing this
day, the Court passed the following:
ORDER
In these writ petitions, the petitioners, who are retired as Librarians and Physical Education Teachers from aided institutions are seeking direction to the respondents to make payment of arrears of salary recovered from them and to grant them revised UGC pay scales w.e.f. 1.1.1996 with all consequential benefits.
2. It is not in dispute that the points in issue are covered by the decisions of this Court in W.P.NO.18346/2005 disposed of on 10.7.2006 (between H.THIMME GOWDA VS. THE STATE OF 8 KARNATAKA & OTHERS), W.P.NO.5586/2002 disposed of on 18.7.2006 (between SHANKARAPPA KHYABAGOND VS. STATE OF KARNATAKA & OTHERS) and W.P.NOS.66626 TO 66630/2011 disposed of on 12.10.2011 (between VIRUPAKSHAPPA CHANNAPPA HOSAKERI & OTHERS VS. THE SECRETARY HIGHER EDUCATION & OTHERS).
3. Following the aforesaid decisions, these writ petitions are also allowed. The respondents are directed to pay arrears of salary recovered from the petitioners and also to extend the revised UGC pay scales w.e.f. 1.1.1996 along with all consequential benefits within a period of three months from the date of receipt of a copy of this order. No costs.
Sd/-
JUDGE.
BMM/-