Karnataka High Court
Sri. S. Ramesh Karnik vs State Of Karnataka on 11 August, 2022
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WP No. 104995 of 2018
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 11TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.104995 OF 2018 (S-RES)
BETWEEN:
1. SRI S.RAMESH KARNIK
SON OF SRI S.LAKXMINARAYAN,
AGED ABOUT 58 YEARS,
WORKING AS PROFESSOR,
DEPT. OF ELECTRICAL AND
ELECTRONICS ENGINEERING,
B.V.BHOOMARADDI COLLEGE OF
ENGINEERING & TECHNOLOGY,
VIDYA NAGAR, HUBLI
2. SRI MANOJKUMAR
VEERABHADRAPPA CHITAWADAGI
SON OF SRI VEERABHADRAPPA
RUDRAPPA CHITAWADAGI,
AGED ABOUT 52 YEARS,
WORKING AS PROFESSOR,
DEPT. OF CIVIL ENGINEERING,
B.V.BHOOMARADDI COLLEGE OF
ENGINEERING & TECHNOLOGY,
ANNAPURNA VIDYA NAGAR, HUBLI
CHINNAPPA
DANDAGAL 3. SRI MALLIKARJUN RUDRAGOUDA PATIL
SON OF SRI RUDRAGOUDA
Digitally signed by
ANNAPURNA
CHINNAPPA DANDAGAL
BASANAGOUDA PATIL,
Location: HIGH COURT
OF KARNATAKA, AGED ABOUT 53 YEARS,
DHARWAD BENCH,
DHARWAD WORKING AS ASSOCIATE PROFESSOR,
DEPT. OF CIVIL ENGINEERING,
B.V.BHOOMARADDI COLLEGE OF
ENGINEERING AND TECHNOLOGY,
VIDYA NAGAR, HUBLI.
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WP No. 104995 of 2018
4. SRI VEERANAGOUDA BASANAGOUDA PATIL
SON OF SRI BASANAGOUDA
CHANNAPPAGOUDA PATIL,
AGED ABOUT 54 YEARS,
WORKING AS PROFESSOR,
DEPT. OF CIVIL ENGINEERING,
B.V.BHOOMARADDI COLLEGE OF
ENGINEERING AND TECHNOLOGY,
VIDYA NAGAR, HUBLI.
5. SRI PRIYATAMKUMAR K
SON OF SRI GOVINDRAJU K
AGED ABOUT 53 YEARS,
WORKING AS PROFESSOR,
DEPT. OF ELECTRONICS AND
COMMUNICATION ENGINEERING,
B.V.BHOOMARADDI COLLEGE
OF ENGINEERING AND TECHNOLOGY,
VIDYA NAGAR, HUBLI.
6. SMT. NALINI C.IYER
WIFE OF SRI VENUGOPAL D KULKARNI
AGED ABOUT 53 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
DEPT. OF ELECTRONICS AND
COMMUNICATION ENGINEERING,
B.V.BHOOMARADDI COLLEGE OF
ENGINEERING AND TECHNOLOGY,
VIDYA NAGAR, HUBLI.
7. SRI RAJASHEKHAR BASAVARAJ SHETTAR
SON OF SRI BASAVARAJ SHETTAR,
AGED ABOUT 49 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
DEPT. OF ELECTRONICS AND
COMMUNICATION ENGINEERING,
B.V.BHOOMARADDI COLLEGE OF
ENGINEERING AND TECHNOLOGY,
VIDYA NAGAR, HUBLI.
8. SRI SHIVASHANKAR SANGAPPA DYAVANAL
SON OF SRI SANGAPPA DYAVANAL,
AGED ABOUT 51 YEARS,
WORKING AS PROFESSOR,
DEPT. OF CIVIL ENGINEERING,
B.V.BHOOMARADDI COLLEGE OF
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WP No. 104995 of 2018
ENGINEERING AND TECHNOLOGY,
VIDYA NAGAR, HUBLI
9. SRI SOMANAGOUDA
SHIVANAGOUDA HONNANAGOUDAR,
SON OF SRI SHIVANAGOUDA
SHANKARAGOUDA HONNANAGOUDAR,
AGED ABOUT 53 YEARS,
WORKING AS PROFESSOR,
DEPT. OF CIVIL ENGINEERING,
B.V.BHOOMARADDI COLLEGE OF
ENGINEERING & TECHNOLOGY,
VIDYA NAGAR, HUBLI.
10. SRI ANILKUMAR VIRUKASHAPPA NANDI
SON OF SRI VIRUPAKSHAPPA NANDI
AGED ABOUT 51 YEARS,
WORKING AS PROFESSOR,
DEPT. OF ELECTRONICS &
COMMUNICATION ENGINEERING,
B.V.BHOOMARADDI COLLEGE OF
ENGINEERING AND TECHNOLOGY,
VIDYA NAGAR, HUBLI.
11. SRI NINGANAGOUDA RAMAPPA PATIL
SON OF SRI RAMAPPA PATIL
AGED ABOUT 51 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
DEPT. OF PHYSICS,
B.V.BHOOMARADDI COLLEGE OF
ENGINEERING AND TECHNOLOGY,
VIDYA NAGAR, HUBLI.
12. SRI GUDADAPPAGOUDA BASANAGOUDA MARALI
SON OF SRI BASANAGOUDA MARALI,
AGED ABOUT 50 YEARS,
WORKING AS PROFESSOR,
DEPT. OF MATHEMATICS,
B.V.BHOOMARADDI COLLEGE OF
ENGINEERING AND TECHNOLOGY,
VIDYA NAGAR, HUBLI
...PETITIONERS
(BY SRI PRAKASH R BADIGER, ADV.)
AND:
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WP No. 104995 of 2018
1. STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY
HIGHER EDUCATION, M.S.BUILDING,
DR.AMBEDKAR VEEDHI,
BENGALURU 560001.
2. THE PRINCIPAL SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, M.S.BUILDING,
DR.AMBEDKAR VEEDHI,
BENGALURU 560001.
3. THE DIRECTOR OF TECHNICAL
EDUCATION IN KARNATAKA,
PALACE ROAD, BENGALURU 560001.
4. THE CHAIRMAN
ALL INDIA COUNCIL FOR
TECHNICAL EDUCATION (AICTE),
NELSON MANDELA MARG, VASANT KUNJ,
NEW DELHI 110070,
PH.NO.011-26131576-78-80, 29581000.
5. THE REGIONAL OFFICER
AND ASSISTANT DIRECTOR,
SOUTH WESTERN REGIONAL OFFICE,
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
(AICTE), P.K.BLOCK,
PALACE ROAD, BANGALORE-560009.
...RESPONDENTS
(BY SRI V.S.KALASURMATH, HCGP FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT TO QUASH
BY ISSUE OF WRIT OF CERTIORARI THE CLARIFICATION ISSUED BY
THE 4TH RESPONDENT AS PER CLAUSE 25 (II) (III) (IV) IN
ANNEXURE-C DATED 06.01.2016 IN PAUSA/16.1937 AS THE SAME
IS ARBITRARY, UNSUSTAINABLE, DISCRIMINATORY AND CONTRARY
TO THE GOVERNMENT ORDER DATED 07.03.2011 SO FOR
PETITIONERS ARE CONCERNED AND SUCH OTHER RELIEFS.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING.
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WP No. 104995 of 2018
ORDER
This writ petition is filed seeking quashing of clarification dated 06.01.2016 as per clause 25 (ii), (iii),
(iv) of Annexure-C and also sought for a mandamus directing the respondent Nos.1 to 3 to extend three non compounded increment in the cadre of Associate Professors having occurred Ph.D qualification in AGP Rs.9,000/- and thereafter grant of one increment in the cadre of professor with AGP Rs.10,000/- and revise the pay scale of the petitioners retrospectively with effect from respective date, when they have acquired Ph.D qualification as per the terms and conditions of Government order dated 07.03.2011 vide Annexure-B.
2. Brief facts leading rise to filing of this writ petition are as under:
3. The petitioners are working in the cadre of Associate Professors under CAS for which Ph.D is not essential qualification and are entitle for three non compounded increments for having acquired Ph.D degree -6- WP No. 104995 of 2018 and also for designation entitle for one increment. Similar benefit is given to UGC faculty and also polytechnics. The same is denied to the petitioners. Hence, the petitioners have filed this writ petition.
4. Heard learned counsel for the petitioners, learned High Court Government Pleader for respondents- State and learned counsel for respondent Nos.4 & 5.
5. Learned counsel for the petitioners submits that, in view of the subsequent notification dated 29.05.2020 i.e., AICT has clarified regarding clause (25)(iv). In view of the same, the prayer No.1 does not survive for consideration.
6. He has also placed reliance on the judgment passed by the Delhi High Court in the case of Dr.Shiv Ratan Singh & another Vs. Govt. of NCT of Delhi & others in W.P.No.(C).702/2020 CM.Appl.24017/2020 & 9845/2021, wherein the identical issue was involved in the said matter. He submits that, the Delhi High Court has -7- WP No. 104995 of 2018 passed an order directing the respondents to grant three non compounded advance increments to the petitioners therein. Hence, he submits that this writ petition may be disposed of in terms of the order passed by the Delhi High Court. Hence, he prayed to allow prayer-B.
7. Per contra, learned counsel for the respondents do not dispute the order passed by the Delhi High Court and also clarification issued by the AICT vide notification dated 29.05.2020. Hence, he prayed to dispose of the writ petition.
8. Heard and perused the records and considered the submission of the learned counsel for the parties.
9. The issue involved in this writ petition is suqrely covered by the decision of the Delhi High Court. The AICT has clarified by issuing notification dated 29.05.2020, wherein the petitioners seek to bring over the following clarification.
-8-WP No. 104995 of 2018 4 Whether three In the clarification dated advance increments 4th January 2016, it has been shall be applicable as clarified at Sr.No.25 that the an incentive for advance increments for Ph.D. acquiring a Ph.D. are not allowed for the degree during incumbents who are in PB-4 services? (Rs.37400-67,000).
However, this clarification shall be applicable for those acquiring Ph.D degree after the date of publication of AICT clarification dated 4th January 2016.
10. The petitioners have produced Annexure-A, as per Annexure-A the petitioners have completed their Ph.D. degree before 04.01.2016. These petitioners are entitled for non compounded advance increment.
11. In view of the above discussion and also considering the law laid down by the Delhi High Court, the writ petition is allowed.
12. Respondent Nos.1 to 3 are directed to extend three non compounded increments in the cadre of Associate Professor having acquired Ph.D degree in AGP -9- WP No. 104995 of 2018 Rs.9000/- and thereafter grant of one increment in the cadre of Professor AGP Rs.10,000/- and revise the pay scale of the petitioners with retrospective effect from their respective date when the petitioners have acquired Ph.D, degree as per the terms and conditions of the Government order dated 07.03.2011.
13. Learned counsel for the petitioner submits that, the petitioner will waive the interest on the said amount.
14. Submission is placed on record.
15. Respondents are directed to comply with the order within a period of two months from the date of receipt of copy of this Order.
In view of the disposal of this writ petition, pending application in I.A.No.1/2022 does not survive for consideration.
SD/-
JUDGE EM