Karnataka High Court
Dr. Umadevi R. Dandoti And Ors vs The State Of Karnataka And Ors on 29 July, 2021
Author: Nataraj Rangaswamy
Bench: Nataraj Rangaswamy
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF JULY, 2021
BEFORE
THE HON'BLE MR.JUSTICE NATARAJ RANGASWAMY
WRIT PETITION No.201320/2021 (S-RES)
BETWEEN:
01. DR. UMADEVI R. DANDOTI S/O: RUKKAPPA
AGE: 52 YEARS,
WORKING AS ASSISTANT PROFESSOR
DR. AMBEKAR FIRST GRADE COLLEGE
RANGAMPET, SURPUR TALUK,
YADAGIRI DISTRICT - 585 220.
02. DR. ISHWARAPPA S/O NAGAPPA
AGE: 53 YEARS
WORKING AS ASSISTANT PROFESSOR
DR. AMBEDKAR FIRST GRADE COLLEGE
RANGAMPET
SURPUR TALUKA
YADAGIR DISTRICT - 585 220.
03. SRI. MALLIKARJUN T BILLAV
S/O: TONNAPPA
AGE: 55 YEARS
WORKING AS SUPERINTENDENT
DR. AMBEDKAR FIRST GRADE COLLEGE
RANGAMPET
SURPUR TALUK
YADAGIRI DISTRICT - 585 220.
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04. SRI TIRUPATI R.NEERADGI
S/O: RAMANNA
AGE: 51 YEARS
WORKING AS FIRST DIVISION ASSISTANT
DR. AMBEDKAR FIRST GRADE COLLEGE
RANGAMPET
SURPUR TALUK
YADAGIR DISTRICT - 585 220.
05. SRI. HONNAPPA MALLAPPA
S/O: MALLAPPA
AGE: 53 YEARS
WORKING AS SECOND DIVISION ASSISTANT
DR. AMBEDKAR FIRST GRADE COLLEGE
RANGAMPET
SURPUR TALUK
YADAGIRI DISTRICT - 585 220.
06. SRI. RAMAKRISHNA DURGAPPA
S/O: DURGAPPA
AGE: 33 YEARS
WORKING AS SECOND DIVISION ASSISTANT
DR. AMBEDKAR FIRST GRADE COLLEGE
RANGAMPET
SURPUR TALUK
YADAGIRI DISTRICT - 585 220
07. SRI. DHARMENDRA S/O: CHANDAPPA
AGE: 56 YEARS
WORKING AS ATTENDER
DR. AMBEDKAR FIRST GRADE COLLEGE
RANGAMPET
SURPUR TALUK
YADAGIRI DISTRICT - 585 220.
08. SRI. MOHAMMAD IBRAHIM
S/O KHAJA HUSSAIN
AGE: 38 YEARS
WORKING AS PEON
DR. AMBEDKAR FIRST GRADE COLLEGE
RANGAMPET
SURPUR TALUK
YADAGIRI DISTRICT - 585 220.
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09. SRI. SHAMBHULING S/O: HAIYYALAPPA
AGE: 44 YEARS
WORKING AS PEON
DR. AMBEDKAR FIRST GRADE COLLEGE
RANGAMPET, SURPUR TALUK
YADAGIR DISTRICT - 585 220.
10. SRI. RAMESHBABU S UPPALLI
S/O SHIVAPPA
AGE: 53 YEARS
WORKING AS LECTURER IN HISTORY
DR. B. R. AMBEDKAR ARTS
AND SCIENCE COLLEGE
BIDAR - 585 403.
... PETITIONERS
(BY SRI. THYAGARAJA S., ADVOCATE)
AND:
01. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
M. S. BUILDING
BANGALORE-560 001.
02. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE EDUCATION
SHESHADRI ROAD
BENGALURU-560 001.
03. THE DIRECTOR
DEPARTMENT OF COLLEGIATE EDUCATION
SHESHADRI ROAD
BENGALURU-560 001.
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04. THE REGIONAL JOINT DIRECTOR
DEPARTMENT OF COLLEGIATE EDUCATION
KALABURAGI - 585 101.
... RESPONDENTS
(BY SMT. ANURADHA M. DESAI, GA)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO 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 RESPECTIVELY FOR THE PURPOSE OF FIXATION OF
PAY SCALE, SENIORITY INCREMENTS INCLUDING TBA,
PENSIONARY BENEFITS AND OTHER CONSEQUENTIAL
SERVICE BENEFITS FLOWING THEREOF BY DISPOSING
THE PRESENT PETITIONS IN TERMS OF THE ORDER OF
THIS HON'BLE COURT MADE W.P.NO.25447 OF 2010
DISPOSED OF BY ORDER DATED 16.08.2010 WHICH IS
AFFIRMED BY THE DIVISION BENCH OF THIS HON'BLE
COURT IN W.A.NO.4788 OF 2010 DATED 22.09.2011 AND
HON'BLE SUPREME COURT IN SLP (CIVIL) CC 7365 OF
2012 DATED 02.07.2012 AND W.P.NO.43467/2018 DATED
23.10.2020 THE ANNEXURE-P, Q, R AND S, RESPECTIVELY
AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
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ORDER
This writ petition is filed by the petitioners seeking following reliefs:-
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 respectively for the purpose of fixation of pay scale, seniority increments including TBA, pensionary benefits and other consequential service benefits flowing thereof.
02. The learned counsel for the petitioners submits that in identical facts and circumstances, this Court has considered and granted the relief in W.P.No.25447/2010, which is confirmed by the Division Bench of this Court in W.A.No.4788/2010 which was not disturbed by the Hon'ble Supreme 6 Court in SLP CC.No.7365/2012. He also submitted that learned Single Judge of this Court in W.P.No.43467/2018 has considered identical facts and circumstances of the case and passed an order dated 23.10.2020. Therefore, prayed to dispose off this writ petition on the said terms.
03. Notice of this writ petition was served on the learned Principal Government Advocate. She admitted that though the facts and circumstances of this writ petition are identical to the facts in W.P.No.43476/2018, but yet W.A.No.24761/2015 is pending consideration and that the learned Single Judge in W.P.No.43476/2018 has taken note of aforesaid fact and passed an order that re-fixation of the pay scale would be subject to the decision of the writ appeal pending before this Court in W.A.No.2476/2015.
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04. I have considered the submissions made by the learned counsel for the parties.
05. It is not in dispute that W.A.No.2476/2015 is pending consideration before this Court. Therefore, subject to the outcome of the W.A.No.2476/2015, this writ petition is stands disposed off on the same terms as in W.P.No.43467/2018 disposed off by a co- ordinate bench of this Court in terms of the order dated 23.10.2020.
Sd/-
JUDGE KJJ