Karnataka High Court
Shri. Nityanand Ramchandra Naik vs The State Of Karnataka on 11 January, 2022
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 11TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO.103612/2021 (S-RES)
BETWEEN:
1. Shri Nityanand Ramchandra Naik
Age: 57 years, Occ.: Head Master
R/o. Belambar, Tq. Ankola, Dist: Uttar Kannda-581353
2. Shri Datta Gaonkar Naik
Age: 59 years, Occ: Assistant Teacher
R/o: Poojgeri, Bhasgod, Tq: Ankola
Dist: Uttar Kannada-581353
3. Smt. Bharati Maruti Naik
Age: 49 years, Occ: Assistant Teacher
R/o: Near Mahadev Temple, Honnekeri
Tq: Ankola Dist: Uttar Kannada-581314
4. Smt. Devayani Narayan Naik
Age: 45 years, Occ: Assistant Teacher
R/o: Near Aryadurgh Temple, Mathakeri
Tq: Ankola Dist: Uttar Kannada-581314
5. Shri Madhukeshwar Venkatraman Naik
Age: 44 years, Occ: Assistant Teacher
R/o: Manjaguni, Tq: Ankola, Dist: Uttar Kannada-581314
6. Smt. Rajani Gajanan Naik
Age: 39 years, Occ: Assistant Teacher
R/o: Near Katte Ganapati Temple, Kumbarkeri,
Tq: Ankola, Dist: Uttar Kannada-581314
7. Shri Shridhar D. Nayak
Age: 59 years, Occ: P. E. Teacher
R/o: Shriram Nilaya Missionary Hostel
Purlakkibena, Tq: Ankola, Dist: Uttar Kannada-581314
8. Shri Naveen Rama Naik
Age: 39 years, Occ: SDA
R/o: Belabanda road, Bobruwada
Tq: Ankola, Dist: Uttar Kannada-581314
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9. Shri Aravind Pundalik Naik
Age: 39 years, Occ: Peon
R/o: Near Bommayya Temple, Tenkankeri
Tq: Ankola, Dist: Uttar Kannada-581314
... Petitioners
(By Shri B.V. Somapur, Advocate)
AND:
1. The State of Karnataka
Rep. by its Secretary
Dept. Primary and Secondary Education
M. S. Building, Bangalore-56001
2. The Commissioner for Public Instructions
DEIT Compound, College Road
Dharwad-580001
3. The Director for Public Instructions
Office at Commissioner for Public Instructions
DEIT Compound, College Road
Dharwad-580001
4. The Deputy Director of Public Instructions
Karwar-581301, District Uttar Kannada
5. The Block Education Officer
Karwar-581301, District Uttar Kannada
6. Smt. Laxmi Education & Charitable Society's
Adarsh High School, Tenkankeri, Tq. Ankola
Dist: Uttar Kannada-581314
R/by its President
... Respondents
(By Shri Vinayak S.Kulkarni, AGA for R1 to R5)
This writ petition is filed under Articles 226 & 227 of the
Constitution of India, praying issue a writ in the nature of mandamus
directing the respondents to reckon and count the past service rendered
by the petitioners from the date of their initial appointments up to the
date of approval of their appointment with aid, for the purpose of fixation
of pay scale, seniority, increments including TBA, pensionary benefits and
other consequential service benefits following thereof by disposing the
present petition in terms of the order of this Hon'ble Court made in W.P.
Nos.85831-37/2013 dated 22.01.2014, vide Annexure-N.
This petition coming on for preliminary hearing B-Group, this day,
the Court made the following:
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ORDER
The petitioners have sought for writ in the nature of mandamus to direct the respondent Nos.2, 3 and 4 to consider the past service rendered by them for the purpose of fixation of pay scale, seniority, increments including time bond advancement, pensionary benefits and other consequential service benefits as held by this Court in W.P. Nos.85831-37/2013.
2. Learned counsel for the petitioners submits that the petitioners have all entered service on various dates at the respondent No.6 which was admitted for salary grant. However, the past service of the petitioners is not considered for the purpose of fixation of pay, seniority, increments etc. Hence, the petitioners filed representations before the respondents to consider their past service for the purpose of fixation of pay scale, seniority, increments and etc. It is stated that in similar circumstance, this Court in W.P. Nos.79923-79929/2013, W.P. Nos.85831-85835/2013 and W.P. Nos.85836-37/2013 had granted the very same benefit. The petitioners therefore seek for a direction to the respondents to consider their case.
3. Learned Additional Government Advocate submits that a writ appeal is filed against the order passed in W.P. Nos.85831- :4: 85835/2013 and that the petitioners are not entitled to count their past services for the purpose of seniority.
4. If the petitioners have filed representations seeking redressal of a genuine grievance, the respondents are bound to consider the same and pass appropriate orders. They cannot keep the representation pending on self assumed reasons or assuming that the petitioners are not entitled to any relief. If the respondents feel that the petitioners are not entitled to any relief, the respondents are bound to intimate the same to the petitioners indicating the reasons.
5. In that view of the matter, this writ petition is allowed. The respondent Nos.2, 3 and 4 are directed to consider the case of the petitioners for counting their past services for the purpose of fixation of pay scale, seniority, increments including time bound advancement, pensionary benefits and other consequential service benefits. This shall be done within a period of three months from the date of receipt of a certified copy of this order.
All contentions are left open.
Sd/-
JUDGE Vnp*