Karnataka High Court
Mr.Nanjundappa vs State Of Karnataka on 19 February, 2016
Author: A.S.Bopanna
Bench: A.S. Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2016
BEFORE
THE HON'BLE MR.JUSTICE A.S. BOPANNA
WRIT PETITION NOs.7844-7892/2016 (S-RES)
BETWEEN:
1. MR.NANJUNDAPPA,
S/O.LATE BACHAPPA,
AGED ABOUT 66 YEARS,
RETIRED ASSOCIATE PROFESSOR,
GOVERNMENT WOMEN'S COLLEGE,
KOLAR-563 101,
#65/2, 3RD CROSS, 13TH MAIN,
C.K.NAGAR, ELECTRONIC CITY POST,
BENGALURU-560 100.
2. MR. MARIRAJ.C.,
S/O.LATE M.CHOWDAIAH,
AGED ABOUT 61 YEARS,
RETIRED PRINCIPAL,
GOVERNMENT FIRST GRADE COLLEGE,
HOSAKOTE, BENGALURU -562 114,
#6/251, 4TH CROSS, VINAYAKANAGAR,
M.V.EXTENSION, HOSAKOTE-562 114.
3. DR.ANNE GOWDA,
S/O.LATE HANUMANTE GOWDA,
AGED ABOUT 56 YEARS,
ASSOCIATE PROFESSOR,
MAHARANI'S ARTS COLLEGE FOR WOMEN
JLB ROAD, MYSORE-570 002.
4. MR.B.S.JIGALUR,
S/O. SHIVARUDRAPPA,
AGED ABOUT 58 YEARS,
ASSOCIATE PROFESSOR,
2
GOVERNMENT FIRST GRADE COLLEGE,
KUVEMPUNAGAR, MYSORE- 570 023.
5. MR.NAGESH.A.,
S/O. DAMODHAR,
AGED ABOUT 50 YEARS,
ASSOCIATE PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
KUVEMPUNAGAR, MYSORE-570 023.
6. MR.N.SHEKHAR,
S/O. K.R.NATARAJA SWAMY,
AGED ABOUT 55 YEARS,
ASSOCIATE PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE
KUVEMPUNAGAR, MYSORE-570 023.
7. MR.S.SOMANNA,
S/O. SIDDASETTY,
AGED ABOUT 52 YEARS,
ASSOCIATE PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
KUVEMPUNAGAR, MYSORE -570 023.
8. MR.S.UDAYASHANKAR,
S/O. SINGE GOWDA,
AGED ABOUT 59 YEARS,
ASSOCIATE PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
KUVEMPUNAGAR, MYSORE-570 023.
9. DR.S.G.RAMADASA REDDY,
S/O. SANNA GURAPPA,
AGED ABOUT 52 YEARS,
ASSOCIATE PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
KUVEMPUNAGAR, MYSORE-570 023.
10. MRS.R.MANJULA,
W/O. V.MANOHAR,
AGED ABOUT 37 YEARS,
ASSISTANT PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
KUVEMPUNAGAR, MYSORE -570 023.
3
11. MRS. SHEELA.T.,
W/O. SRINIVASA.C.H.,
AGED ABOUT 44 YEARS,
ASSISTANT PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
KUVEMPUNAGAR, MYSORE-570023.
12. MRS.ASHWINI.R.S.,
W/O. SOMASHEKARA,
AGED ABOUT 35 YEARS,
ASSISTANT PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
KUVEMPUNAGAR, MYSORE-570023.
13. MRS.MAMATHA.V.,
W/O. SRINIVAS.D.P.,
AGED ABOUT 41 YEARS,
LIBRARIAN,
GOVERNMENT FIRST GRADE COLLEGE,
KUVEMPUNAGAR, MYSORE-570023.
14. DR.SYEDA AYESHA,
W/O. GAFFAR RAZVI,
AGED ABOUT 39 YEARS,
ASSISTANT PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
KUVEMPUNAGAR, MYSORE -570023.
15. DR.SUMA.E.,
D/O. RAMAPRIYAN.E.,
AGED ABOUT 48 YEARS,
ASSOCIATE PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
KUVEMPUNAGAR, MYSORE-570023.
16. DR.H.P.GEETHA,
W/O. DR.P.BETTE GOWDA
AGED ABOUT 46 YEARS,
ASSOCIATE PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
KUVEMPUNAGAR, MYSORE-570023.
17. MR.R.NAGABHUSHAN,
S/O. M.RAJASHEKHARAPPA,
4
AGED ABOUT 51 YEARS,
ASSISTANT PROFESSOR
GOVERNMENT FIRST GRADE COLLEGE,
KUVEMPUNAGAR, MYSORE-570023.
18. DR.G.BALAJI,
S/O. V.GOPALAKRISHNA,
AGED ABOUT 44 YEARS,
ASSISTANT PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
KUVEMPUNAGAR, MYSORE-570023.
19. DR.INDIRA.B.P.,
D/O. LATE B.R.PRANESHA RAO,
AGED ABOUT 49 YEARS,
ASSOCIATE PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
KUVEMPUNAGAR, MYSORE-570023.
20. MR.ABDUR RAHIM JUNAIDI,
S/O. LATE BASHEER AHAMED JUNAIDI,
AGED ABOUT 58 YEARS,
ASSOCIATE PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
KUVEMPUNAGAR, MYSORE -571101.
21. MR.RAMANATHA.B.,
S/O. RAMANATHA.B.,
AGEDABOUT 57 YEARS,
ASSOCIATE PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
PUNJALAKATTE, BELTHANGADY,
MANGALORE-574233.
22. MS.DEEPIKA SUVARNA,
D/O. NARAYAN SUVARNA,
AGED ABOUT 56 YEARS,
ASSOCIATE PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
FOR WOMEN,
BALMATTA,
MANGALURU-575001.
5
23. MS.SAVITHA.B.,
D/O. B.VITTAL MALLI,
AGED ABOUT 49 YEARS,
ASSOCIATE PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
FOR WOMEN, BALMATTA,
MANGALURU-575 001.
24. DR.JOSHNA MAHESH,
D/O. K.SUNDAR,
AGED ABOUT 52 YEARS,
ASSOCIATE PROFESSOR
GOVENMENT FIRST GRADE COLLEGE
FOR WOMEN, BALMATTA,
MANGALORE-575001.
25. MS.SHASHIKALA.K.,
D/O BALU NAIKA,
AGED ABOUT 40 YEARS,
ASSISTANT PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
FOR WOMEN, BALMATTA,
MANGALURU-575001
26. MS.G.K.CHANDRIKA,
D/O. G.V.KRISHNAPPA,
AGED ABOUT 57 YEARS,
ASSOCIATE PROFESSOR,
NMKRV COLLEGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE-560011.
27. MRS.B.S.NIRMALA SHANKAR,
W/O. SHANKAR,
AGED ABOUT 57 YEARS,
ASSOCIATE PROFESSOR,
NMKRV COLLEGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE-560011
28. DR.S.N.SRIMATHI,
W/O T.R.VASU,
AGED ABOUT 57 YEARS,
ASSOCIATE PROFESSOR,
6
NMKRV COLELGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE-560011.
29. MR.S.INDUKUMAR,
S/O. B.SIDDAPPA,
AGED ABOUT 59 YEARS,
ASSOCIATE PROFESSOR,
NMKRV COLLEGE FOR WOMEN,
JAYANAGR, 3RD BLOCK,
BANGALORE-560011.
30. MRS.H.NALINI,
W/O. A.CHANDRASHEKAR,
AGED ABOUT 55 YEARS,
ASSOCIATE PROFESSOR,
NMKRV COLLEGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE-560011.
31. MRS. DHANALAKSHMI BALASUNDARAM,
W/O.A.K.BALASUNDARAM,
AGED ABOUT 59 YEARS,
ASSOCIATE PROFESSOR,
NMKRV COLLEGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE -560011.
32. MRS.N.VEDAVATHI,
W/O. GANESHA,
AGED ABOUT 57 YEARS,
ASSOCIATE PROFESSOR,
NMKRV COLLEGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE-560011.
33. DR.C.VASANTHA VALLI
W/O. V.SESHAGIRI RAO,
AGED ABOUT 52 YEARS,
ASSOCIATE PROFESSOR,
NMKRV COLLEGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE-560011.
7
34. DR.PANKAJA NAYANA,
W/O. A.SRINIVAS,
AGED ABOUT 51 YEARS,
ASSOCIATE PROFESSOR,
NMKRV COLLEGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE-560011.
35. MRS. SELVA KUMARI KESHAVAN,
W/O. A.D.C.KESHAVAN,
AGED ABOUT 54 YEARS,
ASSOCIATE PROFESSOR,
NMKRV COLLEGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE-560011.
36. DR.B.C.VIMALA,
W/O. DR.L.S.NANDEESH,
AGED ABOUT 56 YEARS,
ASSOCIATE PROFESSOR,
NMKRV COLLEGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE-560011.
37. MRS.B.S.JAYANTHI,
W/O. RAJU,
AGED ABOUT 59 YEARS,
ASSOCIATE PROFESSOR,
NMKRV COLLEGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE-560011.
38. MR.N.MANU CHAKRAVARTHY,
S/O. LATE G.N.CHAKARAVATHY,
AGED ABOUT 59 YEARS,
ASSOCIATE PROFESSOR,
NMKRV COLLEGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE-560011.
39. DR.M.RAMAIAH,
S/O. K.MARIAPPA,
AGED ABOUT 66 YEARS,
RETIRED PROFESSOR,
8
NMKRV COLLEGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE-560011.
#28, ABHIJNANA, 10TH MAIN ROAD,
14TH CROSS VIA 12TH CROSS, 8TH MAIN,
BTM LAYOUT 2ND STAGE,
BANGALORE-560076.
40. MR.G.SURYA PRAKASH,
S/O. LATE R.GNANA SURIYAN,
AGED ABOUT 61 YEARS,
RETIRED ASSOCIATE PROFESSOR,
NMKRV COLLEGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE-560011.
#11, KIADB HOUSING LAYOUT,
ELECTRONIC CITY 2ND PHASE,
BANGALORE-560011.
41. MRS.S.K.JAYANTHI,
W/O. S.V.KRISHNA PRASAD,
AGED ABOUT 66 YEARS,
RETIRED ASSOCIATE PROFESSOR,
NMKRV COLLEGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE-560011.
#242, "ALAKANANDA",
10TH 'B' CROSS, J.P.NAGAR,
1ST PHASE, BANGALORE-560078.
42. MR.ABDUL BASITH,
S/O MOHAMMED YUSUFF,
AGED ABOUT 63 YEARS,
RETIRED ASSOCIATE PROFESSOR,
NMKRV COLLEGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE-560011,
#21, 1ST MAIN, MANJUNATHA LAYOUT,
BEHIND ARAKERE MICO LAYOUT,
BANGALORE-560076.
43. MR.A.G.NAGARAJA,
S/O A.H.GOPINATH,
AGED ABOUT 64 YEARS,
9
RETIRED PROFESSOR,
NMKRV COLLEGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE-560011.
#157/22, 69TH CROSS,
5TH BLOCK, RAJAJINAGAR,
BANGALORE-560010.
44. DR.G.THARABAI.G.,
D/O. M.GANESHAN,
AGED ABOUT 65 YEARS,
RETIRED ASSOCIATE PROFESSOR,
NMKRV COLLEGE FOR WOMEN,
JAYANAGAR, 3RD BLOCK,
BANGALORE-560011.
#91/22 E F, VIVEKANANDA STREET,
TAMILNIN NAGAR,
THURUVANNA MALAI-606601
45. MR.A.N.VENKATESHAPPA,
S/O LATE NARAYANAPPA,
AGED ABOUT 61 YEARS,
RETIRED ASSOCIATE PROFESSOR,
SMT.V.H.D.HOME SCIENCE COLLEGE,
BENGALURU-560001.
#66, 4TH CROSS BANK AVENUE,
KALYAN NAGAR POST, BABUSAPALYA,
BANGALORE-560043.
46. MRS.B.R.VEERAMMA,
W/O. C.MANJAPPA,
AGED ABOUT 61 YEARS,
RETIRE PRINCIPAL,
S.J.M.FIRST GRADE ARTS,
COLLEGE FOR WOMEN,
CHITRADURGA-577501,
#1912, 1ST FLOOR, 28TH MAIN,
SOUTH END SEA ROAD,
NEAR RAGIGUDDA TEMPLE,
9TH BLOCK, JAYANAGAR,
BANGALORE-560069.
47. MR SHANKARE GOWDA
S/O KARI GOWDA Y K,
10
AGED ABOUT 61 YEARS,
RETIRED ASSOCIATE PROFESSOR,
GOVERNMENT WOMEN"S COLLEGE,
VIJAYANAGAR, MYSORE-570018
#1318, 1ST CROSS, CND BLOCK,
POORNADHURSTHI ROAD,
KUVEMPUNAGAR, MYSORE-570023.
48. MRS. SAVITHRI V.B
W/O LATE VENKATARAMANA BHAT.B,
AGED ABOUT 49 YEARS,
LEGAL REPRESENTATIVE OF
LATE VENKATARAMANA BHAT.B,
ASSOCIATE PROFESSOR,
GOVERNMENT FIRST GRADE COLLEGE,
VITTA L-574243.
#1-508, PRASHANTHI,
GANESHBAGH, KABAKA,
NEHURNAGAR, PUTTUR-574203.
49. MR N SURYANARAYANA
S/O LATE N.SUBBA RAO,
AGED ABOUT 67 YEARS,
RETIRED PROFESSOR,
CHRIST COLELGE,
BANGALORE-560029,
#348/A, "SRINIVASA NILAYA"
1ST MAIN ROAD, 8TH BLOCK,
KORAMANGALA,
BANGALORE-560095. ... PETITIONERS
(BY SRI RAMANANDA A.D., ADV.)
AND:
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT,
EDUCATION DEPARTMENT,
(HIGHER EDUCATION)
M.S.BUILDING,
BANGALORE-560001.
11
2. THE PRINCIPAL SECRETARY
TO GOVERNMENT,
FINANCE DEPARTMENT,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE-560001.
3. THE COMMISSIONER FOR COLLEGIATE
EDUCATION IN KARNATAKA,
PALACE ROAD,
BANGALORE-560001.
4. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT
MINISTRY OF HUMAN
RESOURCE DEVELOPMENT,
DEPARTMENT OF
HIGHER EDUCATION,
SHASTRI BHAVAN,
NEW DELHI-110001
5. THE ACCOUNTANT GENERAL
IN KARNATAKA (A & E)
PARK HOUSE,
BANGALORE-560001. ... RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, HCGP FOR R1-R3 & R5
SMT. M.C.NAGASHREE, CGC FOR R4)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DIRECT THE RESPONDENTS TO PAY ARREARS
OF SALARY AND OTHER EMOLUMENTS AS PER REVISED
PAY SCALES TO THE PETITIONERS TO WHICH THE
PETITIONERS WOULD BE ENTITLED TO FOR THE PERIOD
1.1.2006 TO 31.3.2010 ON PARITY GROUNDS IN RESPECT
OF JUDGMENT PASSED IN WRIT PETITIONS,
W.P.NO.112957-113040/2014 AND W.P.NO.113041-
113050/2014 BY THE HON'BLE HIGH COURT OF
KARNATAKA DHARWARD BENCH VIDE ANNEX-A
DTD.5.2.2015.
12
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING, THIS DAY, THE COURT PASSED
THE FOLLOWING:
ORDER
Learned Government Advocate to accept notice for respondents No.1, 2, 3 and 5. Smt. M.C.Nagashree, learned counsel to accept notice for respondent No.4. Copies be served. The learned Government Advocate and the learned Central Government Counsel are permitted to file their memo of appearance in four weeks.
2. The petitioners are before this Court seeking issue of mandamus to direct the respondents to pay arrears of salary and other emoluments as per the revised pay scales for the period from 01.01.2006 to 31.03.2010.
3. Sri A.D.Ramananda, learned counsel for the petitioners submits that the matter is fully covered by this Court's order dated 5.2.2015 (Annexure-A) passed in W.P.Nos.112957-113040/2014 and other connected petitions. The learned counsel for the respondents do not dispute the said position.
13
4. Since, the issue raised in the instant petitions is covered by this Court's order dated 5.2.2015 passed in W.P.Nos.112957-113040/2014 and other connected petitions, similar benefit is to be granted to the petitioners herein.
5. In the result, the following:
ORDER
(i) A writ of mandamus is issued to the respondent Nos.1 to 3 and 5 to examine as to whether the petitioners are similarly placed and if so, to pay arrears of salary and other emoluments as per revised pay scale to which the petitioners would be entitled to for the period from 1.1.2006 to 31.3.2010 within three months from the date of receipt of a copy of this order and on failure to make such payment, the petitioners would be entitled to interest @ 8% p.a.
(ii) It is needless to state that on the request made by the State Government after payment, for releasing 80% of the contribution payable by the Central Government and on such request being received within three months thereof, the 14 Central Government shall release the said amount as per the provisions of the scheme.
iii) Accordingly these petitions are disposed of with no order as to costs.
Sd/-
JUDGE ST