Karnataka High Court
Sri. B. Mariswamy vs State Of Karnataka on 20 June, 2019
Author: P.B.Bajanthri
Bench: P.B.Bajanthri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2019
BEFORE
THE HON'BLE MR. JUSTICE P.B.BAJANTHRI
WRIT PETITION NOs.7460-7470 OF 2019 (S-RES)
BETWEEN:
1. SRI. B. MARISWAMY
S/O. LATE SOLLEBOREGOWDA,
AGED ABOUT 61 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF ECONOMICS,
PES COLLEGE OF SCIENCE
ARTS AND COMMERCE,
MANDYA - 571 401,
KARNATAKA
#765, 19TH CROSS,
V.V. NAGARA, KALLAHALLI,
MANDYA - 571 401.
2. J. RAVISHANKAR
S/O. LATE JAVAREGOWDA,
AGED ABOUT 58 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF PHYSICS,
PES COLLEGE OF SCIENCE
ARTS AND COMMERCE,
MANDYA - 571 401,
KARNATAKA,
#1866, 13TH MAIN,
SECOND STAGE, VIJAYANAGARA,
MYSURU - 570 017.
3. SMT. JYOTHSNA ANIL KUMAR
W/O. DR. H. ANIL KUMAR,
AGED ABOUT 57 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF ENGLISH
PES COLLEGE OF SCIENCE,
ARTS AND COMMERCE,
MANDYA - 571 401,
KARNATAKA,
2
#555, LAWYERS COLONY,
VINOBA ROAD,
SUBHASNAGAR,
MANDYA - 571 401.
4. DR. ANIL KUMAR. H
SON OF LATE HANUME GOWDA,
AGED ABOUT 57 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF ENGLISH
PES COLLEGE OF SCIENCE,
ARTS AND COMMERCE,
MANDYA-571 401, KARNATAKA,
#555, LAWYERS COLONY,
VINOBA ROAD, SUBHASNAGAR,
MANDYA-571 401.
5. MR. SHIVA PRASAD. P. B.
S/O. LATE BOREGOWDA,
AGED ABOUT 56 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF HISTORY,
PES COLLEGE OF SCIENCE,
ARTS AND COMMERCE,
MANDYA - 571 401,
KARNATAKA, PANAKANANAHALLI,
KASABA HOBALLI,
KOONANAHALLI POST,
MANDYA TALUK AND DISTRICT,
MANDYA - 571 401.
6. DR. GIRISWAMY
S/O. NINGEGOWDA,
AGED ABOUT 60 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF MATHEMATICS,
PES COLLEGE OF SCIENCE,
ARTS AND COMMERCE,
MANDYA - 571 401,
KARNATAKA,
#9/15, KAIVALYA MARGA,
SIDDARTH NAGAR,
MYSURU - 570 017.
7. DR. G/ KRISHNAMURTHY
S/O. LATE GOPALAIAH,
AGED ABOUT 58 YEARS,
ASSOCIATE PROFESSOR,
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DEPARTMENT OF CHEMISTRY,
PES COLLEGE OF SCIENCE,
ARTS AND COMMERCE,
MANDYA - 571 401,
KARNATAKA,
GH5, E & F BLOCK,
8TH CROSS, RAMAKRISHNANAGARA,
MYSURU - 570 017.
8. MRS. NINGAMMA
S/O. LATE JAVAREYI GOWDA,
AGED ABOUT 57 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF PHYSICS,
PES COLLEGE OF SCIENCE,
ARTS AND COMMERCE,
MANDYA - 571 401,
KARNATAKA, K T 480,
12TH CROSS,
CHAMUNDESWARY NAGARA,
MANDYA - 571 401.
9. H. G. SIDDALINGAPPA
S/O. LATE SIDDABASAPPA,
AGED ABOUT 58 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF COMMERCE
PES COLLEGE OF SCIENCE,
ARTS AND COMMERCE,
MANDYA - 571 401,
KARNATAKA,
#1373, 12TH CROSS,
CHAMUNDESWARY NAGARA,
MANDYA.
10. D. RAMALINGAIAH
S/O. LATE CHIKKABOREGOWDA,
AGED ABOUT 57 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF MATHEMATICS
PES COLLEGE OF SCIENCE,
ARTS AND COMMERCE,
MANDYA - 571 401,
KARNATAKA,
#183, 40 FEET ROAD,
KUVEMPUNAGARA,
MANDYA-571 401.
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11. SRI. P. CHANDRASHEKAR
S/O. P. B. PUTTALINGAIAH,
AGED ABOUT 53 YEARS,
DEPARTMENT OF ENGLISH
PES COLLEGE OF SCIENCE,
ARTS AND COMMERCE,
MANDYA - 571 401,
KARNATAKA,
AKHILA NILAYA, 1ST CROSS,
CHANNEL ROAD,
ANNAPOORNESHWARY NAGARA,
MANDYA - 571 401.
... 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
BENGALURU - 560 001.
2. THE PRINCIPAL SECRETARY
TO GOVERNMENT
FINANCE DEPARTMENT,
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU - 560 001.
3. THE COMMISSIONER FOR
COLLEGIAE EDUCATION
IN KARNATAKA
PALACE ROAD,
BENGALURU - 560 001.
4. UNION OF INDIA
BY ITS SECRETARY TO GOVERNEMNT
MINISTRY OF HUMAN
RESOURCE DEVELOPMENT
DEPARTMENT OF HIGHER EDUCATION
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SHASTRI BHAVAN
NEW DELHI - 110 001.
5. THE ACCOUNTANT
GENERAL IN KARNATAKA (A & E)
PARK HOUSE,
BENGALURU - 560 001.
NEW DELHI - 110 001.
... RESPONDENTS
(BY SMT. M.S. PRATHIMA, AGA FOR R-1 TO R-3;
SRI. S.R. DODAWAD, CGC FOR R-4 & R-5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO COMPLY THE ORDERS PASSED
IN W.P. Nos.40747-40781 OF 2015 DATED 27.04.2016 TO PAY
THE ARREARS OF SALARY AND OTHER EMOLUMENTS AS PER
REVISED PAY SCALES TO THE PETITIONERS AND AS PER THE
DETAILS OF BALANCE OF ARREARS OF AMOUNT WITH
INTEREST TO BE PAID TO THE PETITINERS VIDE ANNEXURE-B
IN TERMS OF THE JUDGMENT PASSED VIDE ANNEXURE-A
ANNEXED TO THIS W.P.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In the instant Writ Petitions, the petitioners have sought for the following reliefs:
"(a) Issue a Writ of Mandamus or any other appropriate Writ Order or direction to the respondents to comply the orders passed in WP Nos.40747-40781/2015 dated 27.4.2016 to pay the arrears of salary and 6 other emoluments as per revised pay scales to the Petitioners and as per the details of balance of arrears of amount with interest to be paid to the petitioners vide Annexure-B in terms of the judgment passed vide Annexure-A annexed to this Writ Petition.
(b) Issue any other appropriate Writ order or direction as this Hon'ble Court may be pleased to grant, in the interest of justice and equity."
2. It seems, the petitioners are entitled for certain arrears of amount along with interest in terms of various decisions of this court and read with the statement made by the respondents in those proceedings. If the petitioners are entitled for certain arrears of amount from the respondents, they are required to make necessary demand before the appropriate authority.
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3. Perusal of the materials on record reveal that there is no demand by the petitioners so as to seek Writ of Mandamus against the concerned respondents.
4. The Hon'ble Supreme Court in the case of Mani Subrat Jain & Others Vs. State of Haryana and others reported in (1977) 1 SCC 486 has held that in the absence of any statutory right and demand, writ of mandamus cannot be entertained.
5. With the aforesaid observation, the Writ Petitions are hereby dismissed.
The petitioners are permitted to approach the competent authority by making necessary application/representation & documents. If any such application/representation & documents are submitted within a period of four weeks from today, the concerned authority is hereby directed to examine and take 8 positive decision and communicate the decision to the petitioners at the earliest.
Sd/-
JUDGE SA Ct:sr