Karnataka High Court
Smt. Rajeshwari S Mathad vs The State Of Karnataka on 13 July, 2023
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2023:KHC-D:7127
WP No. 109522 of 2017
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 13TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 109522 OF 2017 (S-RES)
BETWEEN:
1. SMT. RAJESHWARI S MATHAD,
AGE: 50 YEARS, OCC: ASSOCIATE PROFESSOR
IN ELECTRONICS, BASAVESHWARA SCIENCE
COLLEGE, BAGALKOT.
2. SHRI. PRABHUDEV I MANDI,
AGE: 48 YEARS, OCC: ASSOCIATE PROFESSOR
IN ELECTRONICS, BASAVESHWARA SCIENCE
COLLEGE, BAGALKOT.
... PETITIONERS
(BY SRI. A S PATIL, ADVOCATE)
AND:
Digitally
signed by
VISHAL 1. THE STATE OF KARNATAKA,
VISHAL NINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date:
TO THE DEPARTMENT OF LAW &
2023.07.15
11:11:08
+0530
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU.
2. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF EDUCATION,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA, BENGLAURU.
3. THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE EDUCATION,
NRUPATUNGA, BENGALURU.
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WP No. 109522 of 2017
4. THE DIRECTOR OF COLLEGIATE EDUCATION,
VISHWESHWARAIAH TOWER,
DR. B.R. AMBEDKAR VEEDHI, BENGALURU.
5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D.C. COMPOUND, DHARWAD.
... RESPONDENTS
(BY SRI. VINAYAK S KULKARNI, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
STRIKE DOWN THE PROVISIONS OF THE ACT NO.07 OF "
KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT, 2014" AND CONSEQUENTLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE IN NO.SAMVYASHAE 60 SHASANA 2013,
BANGALORE DATED 12-02-2014 IN PART IV(a) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-B & ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 109522 of 2017
ORDER
1. The petitioners, who are working as Associate Professors, have approached this Court seeking for the following reliefs:
"i. Strike down the provisions of the Act No.07 of "
Karnataka Private Aided Educational Institutional Employees (Regulation of Pay, Pension and other Benefits) Act, 2014" and consequently to quash the Gazette Notification dated 12.02.2014 published in Karnataka Gazette in No.SAMVYASHAE 60 SHASANA 2013, BANGALORE dated 12.02.2014 in Part IV(a) by the respondent No.1 as per Annexure-B. ii. Issue writ of mandamus or any other order or direction, directing the respondents to refix the pay scale of the petitioners and to pay the appropriate salary in favour of them which was existing and paid prior to enactment of the impugned Act and to forthwith refund the amount which has been recovered from the salary of the petitioners pursuant to the impugned Act. ii. Issue any other appropriate writ or order or direction which deems fit to grant by this Hon'ble Court under the facts and circumstances of the case."
2. Learned counsel for the petitioners submits that the provisions of the Act No.7 of the Karnataka Private Aided Educational Institutional Employees (Regulation of Pay, Pension and other Benefits) Act, 2014, has been quashed by this Court -4- NC: 2023:KHC-D:7127 WP No. 109522 of 2017 in WP No.21216/2014 and connected writ petitions, which are disposed of by the Coordinate Bench of this Court on 10.07.2015. He submits that as against the orders passed in WP No.21216/2014, the State has filed Writ Appeal No.2476/2015 and connected appeals, which is pending consideration before the Principal Bench. In the said writ appeals, after recording the statement of the learned Advocate General, the Division Bench has observed that the State shall go on paying the employees their current emoluments in terms of the re-fixation, subject to result of the writ appeals and has also restrained the State from initiating any recovery proceedings for recovery of the arrears of pay. He further submits that the Division Bench has also observed that so far as the retired employees are concerned, the learned Advocate General has submitted that the pension what they are getting shall be continued to be paid to them. He submits that considering the orders passed by the Division Bench in Writ Appeal No.2476/2015 and connected appeals, similar writ petitions r were disposed of thereafter by this Court in terms of the orders passed by the Coordinate Bench of this Court in WP No.21216/2014 making it clear that the same will be subject to -5- NC: 2023:KHC-D:7127 WP No. 109522 of 2017 the decision of the Division Bench in Writ Appeal No.2476/2015 and connected writ appeals. In this regard, he has placed reliance on one such order of this Court in WP No.103032/2021 disposed of on 24.08.2021.
3. Learned AGA appearing for the respondents does not dispute the aforesaid submission made by the learned counsel for the petitioners. He however submits that even the orders passed in this writ petition, may be made subject to the outcome of the Writ Appeal No.2476/2015, which is pending before the Division Bench.
4. The said submission is placed on record.
5. This writ petition is therefore disposed of in terms of the orders passed by this Court in WP No.21216/2014 and connected writ petitions.
6. However, it is made clear that this order would be subject to the decision of the Division Bench in Writ Appeal No.2476/2015 and connected writ appeals.
Sd/-
JUDGE Kgk/Ct:Bck / List No.: 1 Sl No.: 3