Karnataka High Court
Sri. H. R. Jagadeesh vs The State Of Karnataka on 21 February, 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.20715 OF 2019 (S-RES)
BETWEEN
1. SRI.H.R.JAGADEESH
S/O H G RUDRAPPA
AGED ABOUT 51 YEARS
WORKING AS SELECTION GRADE LECTURER
CIVIL DEPARTMENT, SRI. NIRANJANASWAMY (AIDED)
POLYTECHINIC, SUNKADAKATTE
BAJPE, MANGALORE-574189
2. SRI.DINAKARA
S/O PARALA POOJARI
AGED ABOUT 53 YEARS
WORKING AS SELECTION GRADE LECTURER
AUTOMOBILE DEPARTMENT, SRI.NIRANJANASWAMY
(AIDED) POLYTECHNIC, SUNKADAKATTE
BAJPE, MANGALORE-574189
3. SMT.INDUMATHI
D/O B.SAJEEVAKOTIYAN
AGED ABOUT 50 YEARS
WORKING AS SELECTION
GRADE LECTURER
ELECTRONICS & COMMUNICATION DEPARTMENT
SRI NIRANJANASWAMY (AIDED)
POLYTECHNIC, SUNKADAKATTE
BAJPE, MANGALORE-574189
4. SRI.UMESH CHANDRA A P
S/O THIMMAYYAN A P
AGED ABOUT 53 YEARS
2
WORKING AS SELECTION
GRADE LECTURER
SCIENCE DEAPARTMENT
SRI.NIRANJANASWAMY (AIDED)
POLYTECHNIC, SUNKADAKATTE
BAJPE, MANGALORE-574189
5. SRI.J T SUNDARESH
S/O J L THIMMAPPA
AGED ABOUT 60 YEARS
WORKING AS PRINCIPAL GRADE-I
SRI.SAHYADRI POLYTECHNIC
THIRTHAHALLI (GOVT. AIDED)
THIRTHAHALLI-577432
6. SRI S SHAKARAPPA
S/O SHESHAPPAGOWDA
AGED ABOUT 52 YEARS
WORKING AS SELECTION
GRADE LECTURER
E & E ENGG DEPARTMENT
SRI.SAHYADRI POLYTECHNIC
THIRTHAHALLI (GOVT AIDED)
THIRTHAHALLI-577432
7. SRI. C.S.SUDHIR
S/O C.SUBBARAO
AGED ABOUT 54 YEARS
WORKING AS SELECTION GRADE LECTURER
CE ENGG DEPARTMENT
SRI.SAHYADRI POLYTECHNIC
THIRTHAHALLI (GOVT AIDED)
THIRTHAHALLI-577432
8. SRI.B.P.DATTAPRASAD
S/O PARAMESHWARA BHAT
AGED ABOUT 49 YEARS
WORKING AS SELECTION
GRADE LECTURER
SCIENCE DEPARTMENT
3
SRI.SAHYADRI POLYTECHNIC
THIRTHAHALLI (GOVT AIDED)
THIRTHAHALLI-577432
9. SRI M.SUBHASHCHANDRAPPA
S/O MANJAPPA GOWDA
AGED ABOUT 49 YEARS
WORKING AS SELECTION
GRADE LECTURER
MECHANICAL ENGG DEPARTMENT
SRI.SAHYADRI POLYTECHNIC
THIRTHAHALLI (GOVT. AIDED)
THIRTHAHALLI-577432
10. SRI.M.G.GANGADHARAPPA
S/O M.V.GANGADHARAPPA
AGED ABOUT 51 YEARS
WORKING AS SELECTION
GRADE LECTURER
ME ENGG DEPARTMENT
SRI SAHYADRI POLYTECHNIC
THIRTHAHALLI (GOVT AIDED)
THIRTHAHALLI-577432
11. SRI.G.MAHABALRAJ
S/O G.GANESHSHETTY
AGED ABOUT 50 YEARS
WORKING AS
SELECTION GRADE LECTURER
E & E ENGG DEPARTMENT
SRI.SAHYADRI POLYTECHNIC
THIRTHAHALLI (GOVT. AIDED)
THIRTHAHALLI-577432
12. SRI.M.D.ASHOKA
S/O DAKAPPAGOWDA
AGED ABOUT 53 YEARS
WORKING AS SELECTION
GRADE LECTURER
CE ENGG DEPARTMENT
SRI.SAHYADRI POLYTECHNIC
4
THIRTHAHALLI (GOVT AIDED)
THIRTHAHALLI-577432
13. SRI M.KUMAR
S/O MANJA NAIK
AGED ABOUT 50 YEARS
WORKING AS
SELECTION GRADE LECTURER
SCIENCE DEPARTMENT
SRI SAHYADRI POLYTECHNIC
THIRTHAHALLI (GOVT AIDED)
THIRTHAHALLI-577432
14. SRI M B NITHINHEGDE
S/O BOMMAIAH HEGDE
AGED ABOUT 54 YEARS
WORKING AS SELECTION
GRADE LECTURER
ME ENGG DEPARTMENT
SRI.SAHYADRI POLYTECHNIC
THIRTHAHALLI (GOVT. AIDED)
THIRTHAHALLI-577432
15. SRI.S.V. PRAKASH
S/O VEERAPPA
AGED ABOUT 48 YEARS
WORKING AS SELECTION
GRADE LECTURER
EE ENGG DEPARTMENT
SRI.SAHYADRI POLYTECHNIC
THIRTHAHALLI (GOVT. AIDED)
THIRTHAHALLI-577432
16. SRI.E.N. TEJOMURTHY
S/O NANJAPPA
AGED ABOUT 50 YEARS
WORKING AS SELECTION
GRADE LECTURER
ME ENGG DEPARTMENT
SRI.SAHYADRI POLYTECHNIC
5
THIRTHAHALLI (GOVT. AIDED)
THIRTHAHALLI-577432
17. SRI D.S.ARUNKUMAR
S/O SOMANNAGOWDA
AGED ABOUT 53 YEARS
WORKING AS SELECTION
GRADE LECTURER
CE ENGG DEPARTMENT
SRI.SAHYADRI POLYTECHNIC
THIRTHAHALLI (GOVT AIDED)
THIRTHAHALLI-577432
18. MRS.NAAZ PARVEEN MOHAMAD SHAIKH
W/O NAAZ PARVEEN ANBDUL AZIZ KHATIB
AGED ABOUT 50 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
19. MRS.PRABHAVATI
D/O MUDAKAPPA HOSMANI
AGED ABOUT 49 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
20. SRI.SANJEEV BASAVANARAJ HASARANI
S/O BASAVARAJ
AGED ABOUT 57 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
21. SRI.RAJENDRAKUMAR PARAPPA SUNKAD
S/O PARAPPA SUNKAR
AGED ABOUT 55 YEARS
WORKING AS
SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
6
22. SRI. RAJU BHUJANG RAO POTE
S/O BHUJANG RAO POTE
AGED ABOUT 58 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
23. SRI.VIKRAM RAMCHANDRA KULKARNI
S/O RAMCHANDRA KULKARNI
AGED ABOUT 54 YEARS
WORKING AS
SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
24. SRI.PRAKASH NINGAPPA HEGNAIK
S/O NINGAPPA HEGNAIK
AGED ABOUT 54 YEARS
WORKING AS
SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
25. SRI SATHISH D
S/O K N DEVEGOWDA
AGED ABOUT 53 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
26. SRI. ADIRAJBAHUBALI SUPPANNAVAR
S/O SUPPANNAVAR
AGED ABOUT 55 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
27. SRI.SUDHAKAR VASANT RAO MAHINDRAKAR
S/O VASANT RAO MAHINDRAKAR
7
AGED ABOUT 54 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
28. SRI.DYMAGONDA SABUHANAGANDI
S/O SABUHANAGANDI
AGED ABOUT 54 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
29. SRI ASHOK SHANKAR CHIMMALAGI
S/O SHANKAR CHIMMALAGI
AGED ABOUT 52 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
30. SRI ABHAY BABU DESAI
S/O DESAI
AGED ABOUT 51 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
31. SRI.KOTRESH BASAPPA GOPALPUR
S/O BASAPPA GOPALPUR
AGED ABOUT 51 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
32. SRI.ANGADI V S
S/O SADANAND B.ANGADI
AGED ABOUT 50 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
8
33. SRI.ANEKANT MALGOUDA PATIL
S/O MALGOUDA PATIL
AGED ABOUT 51 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
34. SRI.MAHAVEER DHAREPPA YALAGUDRI
S/O DHAREPPA YALAGUDRI
AGED ABOUT 46 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
35. SRI.MAHANTESH SHANKARAYYA MALLAYYANAVAR
S/O SHANKARAYYA MALLAYYANAVAR
AGED ABOUT 52 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
36. MRS.MANASA
W/O RAJESH DESURKAR
AGED ABOUT 50 YEARS
WORKING AS
SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
37. MR.S.K.SREEDHARA
S/O KODANDARAM SWAMY
AGED ABOUT 54 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
38. SRI.SANGAPPA YALLAPPA BHAGVATI
S/O YALLAPPA BHAGVATI
AGED ABOUT 53 YEARS
WORKING AS SELECTION GRADE LECTURER
9
GOMATESH POLYTECHNIC
BELAGAVI
39. SRI.TIPPANNA OGEPPA YADRANVI
S/O OGEPPA YADRANVI
AGED ABOUT 46 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
40. MRS.VIDYA NAGARAJ AKKI
W/O VIDYA BALAVANT RAO PATIL
AGED ABOUT 52 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
41. MRS.PADMASHREE BHUJA BALIKADABI
W/O POOJA ABHAY KUMAR CHAUGULE
AGED ABOUT 52 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
42. SRI.BALASAHEB APPANNA KUMBHAR
S/O APPANNANA KUMBAR
AGED ABOUT 46 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
43. MRS.SHEELA NAIK
D/O ANANT M PANDI
AGED ABOUT 49 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
44. SRI.RAMACHANDA NINGAPPA GANDHI
S/O NINGAPPA GANDHI
AGED ABOUT 48 YEARS
10
WORKING AS
SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
45. SRI. PRAKASHAYYA NINGAYYA BHADARIMATH
S/O NINGAYYABHADARIMATH
AGED ABOUT 52 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
46. SRI.SHARANAPPA YALLAPPA PURAD
S/O YALLAPPA PURAD
AGED ABOUT 49 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
47. VEERBHADRAPPA SANGAPPA JALAWADI
S/O SANGAPPA JALAWADI
AGED ABOUT 50 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
48. SRI.SANJEEV PARASAPPA NAIK
S/O PARASAPPA NAIK
AGED ABOUT 49 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
49. SRI.JAGADESH CHANDRA RANGAPPA
LANKEPPANAVAR
S/O RANGAPPA LANKEPPANAVAR
AGED ABOUT 49 YEARS
WORKING AS SELECTION GRADE LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
11
50. MRS.SANGEETA G.SHALDAR
W/O G.SHALDAR
AGED ABOUT 50 YEARS
WORKING AS
LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
51. SRI.SHANKAR S.MIRAJI
S/O S MIRAJI
AGED ABOUT 55 YEARS
WORKING AS LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
52. SRI.MAHANTESH S.KUMBHAR
S/O S.KUMBHAR
AGED ABOUT 44 YEARS
WORKING AS LECTURER
GOMATESH POLYTECHNIC
BELAGAVI
53. SRI.SHRINIVAS KRISHNARAO KATTI
S/O KRISHNARAO KATTI
AGED ABOUT 59 YEARS
WORKING AS PRINCIPAL
GOMATESH POLYTECHNIC
BELAGAVI
54. SRI.RAGHAVENDRA PATIL
S/O JAGANNATHRAO
AGED ABOUT 52 YEARS
WORKING AS SELECTION GRADE LECTURER
MECHANICAL ENGINEERING DEPARTMENT
MOTICHAND LEGNADE BHARATESH POLYTECHNIC
BELAGAVI-590003
55. SRI GOVIND R.SHINDE
S/O RAMA
AGED ABOUT 59 YEARS
WORKING AS SELECTION GRADE LECTURER
12
MECHANICAL ENGINEERING DEPARTMENT
MOTICHAND LEGNADE BHARATESH POLYTECHNIC
BELAGAVI-590003
56. SRI P SANJEEV
S/O KRISHNA RAO
AGED ABOUT 54 YEARS
WORKING AS SELECTION GRADE LECTURER
MECHANICAL ENGINEERING DEPARTMENT
MOTICHAND LEGNADE BHARATESH POLYTECHNIC
BELAGAVI-590003
57. SRI KRISHNA DHANKSHIRUR
S/O NARAYANRAO
AGED ABOUT 55 YEARS
WORKING AS SELECTION GRADE LECTURER
MECHANICAL ENGINEERING DEPARTMENT
MOTICHAND LEGNADE BHARATESH POLYTECHNIC
BELAGAVI-590003
58. SRI.BASAGOUDA B PATIL
S/O MELAPPA
AGED ABOUT 49 YEARS
WORKING AS SELECTION GRADE LECTURER
MECHANICAL ENGINEERING DEPARTMENT
MOTICHAND LEGNADE BHARATESH POLYTECHNIC
BELAGAVI-590003
59. SRI KIRAN N.YAMAKANAMARADI
S/O NAGAPPA
AGED ABOUT 51 YEARS
WORKING AS SELECTION GRADE LECTURER
AUTOMOBILE ENGINEERING DEPARTMENT
MOTICHAND LEGNADE BHARATESH POLYTECHNIC
BELAGAVI-590003
60. SRI SHIVASHANKAR
S/O VEERAPPA
AGED ABOUT 43 YEARS
WORKING AS SELECTION GRADE LECTURER
AUTOMOBILE ENGINEERING DEPARTMENT
13
MOTICHAND LEGNADE BHARATESH POLYTECHNIC
BELAGAVI-590003
61. SRI.VINEETSING SAVANUR
S/O VENKATSING
AGED ABOUT 42 YEARS
WORKING AS SELECTION GRADE LECTURER
AUTOMOBILE ENGINEERING DEPARTMENT
MOTICHAND LEGNADE BHARATESH POLYTECHNIC
BELAGAVI-590003
62. SRI MOHAMMEDALIMARIHAL
S/O MUKTUMSAHEB
AGED ABOUT 42 YEARS
WORKING AS SELECTION GRADE LECTURER
ELECTRICAL ENGINEERING DEPARTMENT
MOTICHAND LEGNADE BHARATESH POLYTECHNIC
BELAGAVI-590003
63. SRI G.MALLIKARJUNA
S/O LATE GANGANNA
AGED ABOUT 54 YEARS
WORKING AS SELECTION GRADE LECTURER
DEPARTMENT OF SCIENCE
S N M POLYTECHNIC
MOODABIDRE
DAKSHINA KANNADA-574 227
64. SRI.VENKATESH PRABHU
S/O LATE JAGANNATH PRABHU
AGED ABOUT 59 YEARS
WORKING AS SELECTION GRADE LECTURER
DEPARTMENT OF SCIENCE
S N M POLYTECHNIC
MOODABIDRE
DAKSHINA KANNADA-574 227
65. SRI.DHAVALAKEERTHI
S/O LATE U.CHANNAPPA MOOLYA
AGED ABOUT 54 YEARS
WORKING AS SELECTION GRADE LECTURER
14
DEPARTMENT OF SCIENCE
S N M POLYTECHNIC
MOODABIDRE
DAKSHINA KANNADA-574227
66. MRS NORONHA TARINA RITA
D/O CYRIL F NORONHA
AGED ABOUT 52 YEARS
WORKING AS SELECTION GRADE LECTURER
DEPARTMENT OF SCIENCE
S N M POLYTECHNIC
MOODABIDRE
DAKSHINA KANNADA-574227
67. SRI G GANESHAN
S/O LATE RAMACHANDRAIAH
AGED ABOUT 51 YEARS
WORKING AS SELECTION GRADE LECTURER
DEPARTMENT OF SCIENCE
S N M POLYTECHNIC
MOODABIDRE
DAKSHINA KANNADA-574227
68. SRI ALICE ABRAHAM
S/O ABRAHAM
AGED ABOUT 48 YEARS
WORKING AS SELECTION GRADE LECTURER
DEPARTMENT OF MECHANICAL ENGINEERING
IMPACT POLYTECHNIC
KODIGEHALLI
BENGALURU-560092
69. SRI. RAJASHEKARA MURTHY H M
S/O MADAIAH H M
AGED ABOUT 52 YEARS
WORKING AS SELECTION GRADE LECTURER
CIVIL DEPARTMENT
MALATHAHALLI
BENGALURU-560056
...PETITIONERS
(BY SRI.JANARDHANA G)
15
AND
1. THE STATE OF KARNATAKA
MINISTRY OF LAW & PARLIMENTARY AFFAIRS
REPRESENTED BY ITS SECRETARY
VIDHANA SOUDHA
BENGALURU -560 001
2. THE DIRECTOR OF TECHNICAL EDUCATION
THANTHRIKA BHAVAN
PALACE ROAD
BENGALURU -560 001
3. THE PRINCIPAL
SRI.NIRANJANA SWAMY (AIDED)
POLYTECHNIC, SUNKADAKATTE
BAJPE, MANGALORE-574 189
4. THE PRINCIPAL
SRI.SAHYADRI POLYTECHNIC
THIRTHAHALLI (GOVT AIDED)
SAGAR ROAD
THIRTHAHALLI-577432
5. THE PRINCIPAL
GOMATESH POLYTECHNIC
HINDAVADI
BELAGAVI-590001
6. THE PRINCIPAL
MOTICHAND LEGNADE BHARATESH POLYTECHNIC
BASAVANKUDACHI
BELAGAVI-590003
7. THE PRINCIPAL
S N M POLYTECHNIC
MOODABIDRE
DAKSHINA KANNADA-574227
16
8. THE PRINCIPAL
IMPACT POLYTECHNIC
KODIGEHALLI
BENGALURU-560 092
9. THE PRINCIPAL
P V P POLYTECHNIC
MALATHAHALLI
BENGALURU-560 056
..... RESPONDENTS
(BY SRI.B.RAVINDRANATH, AGA FOR R.1 AND R.2;
SRI.H.V.HARISH, ADVOCATE FOR R.9;
NOTICE TO R.3 TO R.8 IS SERVED BUT UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DTD 10.04.2019 ISSUED BY THE R-2
VIDE ANNX-E AND GRANT AN INTERIM ORDER TO STAY
THE OPERATION OF THE ORDER DATED 10.04.2019
ISSUED BY THE R.2 VIDE ANNX-E TILL DISPOSAL OF THE
WRIT PETITION.
THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 20.02.2024, COMING ON FOR
PRONOUNCEMENT OF ORDER THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
The captioned writ petition is filed by the petitioners, who are working as lecturers in respondent Nos.3 to 9 17 colleges feeling aggrieved by impugned Notification dated 10.04.2019 issued by respondent No.2 as per Annexure-E, wherein salary of the petitioners is fixed in terms of the Act 7 of 2014 contrary to the interim order passed by the Division Bench in Writ Appeal Nos.2476/2015 and 3600- 4195/2015 and connected writ appeals.
2. The short point that needs consideration is;
"Whether respondent No.2 could have issued impugned order dated 10.04.2019 as per Annexure -E thereby resolving to re-fix pay- scale of the petitioners?
3. Before I advert to the facts of the case, it would be useful for this Court to take cognizance of the order passed by the Division Bench and the same is culled out as under;
"Writ Appeal No.2476 of 2015 and Writ Appeal Nos.3600 to 4195 of 2015 are the appeals against the judgment and order dated July 10, 2015, passed by the Hon'ble Single Judge, in relation to a batch of writ petitions pertaining to Dharwad Bench of this Court.18
Learned Advocates appearing for the respondents submits that, to avoid conflicting judicial opinions, these appeals could be heard along with Writ Appeal No.2467 of 2015 and Writ Appeal Nos.2714 to 3455 of 2015. Writ Appeal No.2467 of 2015 and other appeals pertain to the Principal Bench. It is suggested by the learned advocates that let all the matters be considered by the Principal Bench of this Court.
We accept the prayer and decide to hear all the appeals together.
Issue notice on the application for condonation of delay in Writ Appeal Nos.2476 of 2015.
Issue notice on the non-appearing respondents in Writ Appeal No.2467 of 2015.
Insofar as the in-service respondents are concerned, were record the statement of the learned Advocate General that the State shall goon paying their current emoluments in terms of the re-fixation, subject, however, to the result of the writ appeals. However, they are 19 restrained from initiating any recovery proceedings for recovery of the arrears of pay.
So far as the retired employees are concerned, learned Advocate General submits that the pension they are getting shall be continued to be paid to them. He submits that in some cases, the pensions are based on the old scales and in some cases after re-fixation. The State shall be paying the pension as are paid to those retired employees as of today.
So far as recovery proceedings and calculation of the pension in terms of the new regulation are concerned, the proceedings shall, however, remain stayed."
4. It would be useful for this Court to take cognizance of the Notification dated 21.09.2019 issued by respondent No.1. The relevant paragraph reads as under;
"ಸೂ ತ ಷಯ ೆ ಸಂಬಂ ದಂ ೆ, ಉ ೇ ತ ಪತ ವನು ಪರ ೕ ಾ"ತು. ಅನು$ಾನ ರ%ತ ಅವ ಯನು &ೇ'ಾ ಮತು) *ಂಚ, &ೌಲಭ0ಗ23ೆ ಪ4ಗ,ಸ5ರಲು ಸ ಾ6ರವ7 ಕ9ಾ6ಟಕ ;ಾಸ< ಅನು$ಾ=ತ >ೈ@,ಕ ಸಂ&ೆAಗಳ ಬCಂ5ಗಳD/'ೇತನ, =ವೃF) 'ೇತನ ಮತು) ಇತHೆ
&ೌಲಭ0ಗಳ =ಯಂತ ಣ) ಅ =ಯಮ, 2014ರನು ಪJ'ಾ6ನKಯ'ಾ< 59ಾಂಕ:
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5. I have given my anxious consideration to the interim order granted by the Division Bench in Writ Appeal Nos.2476/2015 and connected writ appeals. I have also taken note of the subsequent Notification issued by respondent No.1 - State, which is culled out supra, which clearly indicates that State has accepted to continue same pay scale subject to out come of the proceedings pending in Writ Appeal Nos.2476/2015 and connected writ appeals.
6. If above significant details are taken into consideration, then this Court is of the view that respondent No.2 has no authority to direct respondent Nos.3 to 9 - 21 Principles of polytechnic colleges to re-fix salary in terms of new Act 7 of 2014 and to withhold salary until sustained.
7. The impugned Notification vide Annexure-E clearly contravenes undertaking given by the State through Advocate General. It is also evident from records that respondent No.2 has been paying salary as they used to draw as on that date without reference to the New Act and accordingly, have released salary up to Feb-2019 and respondent No.2, contrary to undertaking given before the Division Bench, has issued impugned Notification calling upon respondent No.3 and Principles of polytechnic colleges to re-fix the salary in terms of New Act 7 of 2014.
8. Learned Single Judge, while deciding batch of petitions, struck down New Act 7 of 2014 and directed respondents to continue to pay salary or pension as the case may be as it was being paid prior to the impugned enactment. The order passed by the learned Single Judge in batch of petitions is not stayed by the Division Bench in pending writ appeals. On the contrary, learned Advocate 22 General has given an undertaking to the Division Bench stating that the State would continue to pay salary without reference to the New Act until disposal of the appeal.
9. Therefore, this Court is of the view that impugned order dated 10.04.2019 passed by respondent No.2 as per Annexure-E is not sustainable.
10. In view of the above discussions, I pass the following;
ORDER
(i) Writ petition is allowed.
(ii) The impugned order dated
10.04.2019 passed by respondent No.2 as per Annexure-E is hereby quashed.
(iii) Pending applications, if any, are also dismissed.
Sd/-
JUDGE NBM