Karnataka High Court
B. Jagadeesh And Ors vs The State Of Karnataka & Ors on 23 October, 2013
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
1
IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
DATED THIS THE 23RD DAY OF OCTOBER, 2013
BEFORE
THE HON'BLE MR.JUSTICE RAM MOHAN REDDY
WRIT PETITION Nos.103168-103170/2013 (S-RES)
BETWEEN:
1. B. Jagadeesha, S/o Adiveyya B.
Aged 58 years,
Occ: Principal, BLDE Assn.,
The College of Education,
Bijapur-586 101.
2. V.D.Aiholli, S/o Dareppa,
Aged 58 years,
Occ: Reader, BLDE Assn.,
The College of Education,
Bijapur-586 101.
3. Mallikarjun, S/o Annappa,
Aged 56 years,
Occ: Librarian, BLDE Assn.,
The College of Education,
Bijapur-586 101.
... PETITIONERS
(By Sri. P.S.Malipatil, Adv.)
2
AND:
1. The State of Karnataka,
Rep. By its Secretary,
Education Department (University),
M.S.Building, Sachivalaya II,
Bangalore-01.
2. The Commissioner for
Collegiate Education in Karnataka,
Palace Road, Bangalore-01.
3. The Accountant General,
State Accounts,
The State of Karnataka,
Bijapur-01.
4. Bijapur Lingayat District Education, Assn,
JSS Higher Secondary School Premises,
Rep. By its Secretary/President,
Bijapur-586 101.
5. B.L.D.E. Assn.,
JSS College of Education,
Rep. By its Principal, Bijapur-586 101.
... RESPONDENTS
(By Sri S.K. Babshetty, HCGP for R-1 to R-3)
These writ petitions are filed under Articles 226 &
227 of the Constitution of India praying to quash the
order in so far it relates to fixing of date as on
19.05.2009 under order dated 30.03.2010 vide
Annexure-M passed by R-1 is illegal, etc.,
These writ petitions coming on for preliminary
hearing on this day, the Court made the following:
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ORDER
Petitioners claim to be appointed as lecturers in different subjects in the fourth and fifth respondent educational institutions, when grant-in-aid was not extended. According to the petitioners, similarly circumstanced lecturers when denied notional annual increments from the date of admission of salary grants so as to reckone past services rendered by them for the purpose of fixation of pay, filed W.P.No.24910/2002 amongst other writ petitions. It is assertion of petitioners that lecturers of colleges in Hassan district filed W.P.No.5575/2009 and connected petitions, whence a learned single Judge by order dated 20.04.2011, Annexure-N directed the State to extend the benefit of notional annual increments from the date of their initial appointment till the admission of the respective colleges for salary grant and to count the past services of the petitioners for the purposes of leave and 4 pension and to grant them all consequential benefits flowing therefrom.
2. It is the allegation of petitioners that in the order dated 30.03.2010, Annexure-M, admitting educational institutions to grant in aid w.e.f. 19.05.2009, there is no mention of extension of benefit of notional annual increment from the date of their initial appointment until the salary grant was admitted to the college and therefore, petitioners' past services is not reckoned for leave, increment, pension and all other consequential benefits. Hence, these petitions to quashed Annexure-M order and for a writ of mandamus.
3. After having heard the learned counsel for petitioners for considerable time, learned counsel submits that petitioners would be satisfied if a direction is issued to extend to the petitioners similar benefits extended to lecturers by this Court in the order dated 20.4.2011 in W.P.No.5575/2009 and connected petitions. 5
4. Learned Government Pleader for the respondents submits that if a proper representation is made by the petitioners, would be considered and orders passed in accordance with law.
5. Recording the submission of the learned counsel for parties and since Annexure-M order makes reference to admission of the educational institution for grant w.e.f. 19.05.2009 does not call for interference. Hence the first relief stands rejected. As regards the second relief for a writ of mandamus, respondent Nos.1, 2 and 3 are directed to consider the memorandum of writ petitions as petitioners' representation and pass orders in accordance with law, extending benefits similar to those directed in the order, Annexure-N. Compliance within three months. Petitions are ordered accordingly.
Sd/-
JUDGE.
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