Karnataka High Court
Prakash Bangera Msc (Chemistry) vs State Of Karnataka on 6 June, 2012
Author: H N Nagamohan Das
Bench: H. N. Nagamohan Das
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 6TH DAY OF JUNE, 2012
BEFORE:
THE HON'BLE MR. JUSTICE H. N. NAGAMOHAN DAS
WRIT PETITION NO.37496 OF 2010 (S-RES)
BETWEEN:
PRAKASH BANGERA MSC (CHEMISTRY)
43 YEARS, THAMBADAGUDDE HOUSE
POST ARLA, BANTWALA D.K.574211
... PETITIONER
(BY SRI. ASHWIN PATIL, ADVOCATE)
AND:
STATE OF KARNATAKA
BY THE PRINCIPAL SECRETARY
HIGHER EDUCATION DEPARTMENT
THE STATE OF KARNATAKA
M. S. BUILDING
BANGALORE-560 001 ...RESPONDENT
(BY SMT. MANJULA R. KAMADALLI, HCGP)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO QUASH THE IMPUGNED ENDORSEMENT DATED
16.10.2009 PRODUCED AT ANNEXURE-K ISSUED BY
RESPONDENT AND TO DIRECT THE RESPONDENT TO
2
PAY HIM ARREARS OF SALARY FOR THE PERIOD FROM
29.1.1992 TO 8.3.1995 ALONG WITH INTEREST AT THE
RATE OF 12% P.A. FROM 31.8.1994 ON THE AMOUNTS
DUE FROM THEIR RESPECTIVE DUE DATES TILL DATE
OF PAYMENT AND FURTHER AWARD DAMAGES OF
RS.5,00,000/- (RUPEES FIVE LAKHS ONLY) FOR THE
HARASSMENT AND MENTAL AGONY CAUSED TO THE
PETITIONER AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN "B" GROUP THIS DAY, THE COURT MADE
THE FOLLOWING:-
ORDER
In this writ petition, the petitioner has called in question the endorsement dated 16.10.2009 as per Annexure 'K'.
2. The petitioner contends that he is a full time stop gap Lecturer in Chemistry in Sri Venkataramana Swamy College, Bantwala in Dakshina Kannada District. The Supreme Court in KARNATAKA STATE PRIVATE COLLEGES STOP-GAP LECTURERS ASSOCIATION VS. STATE OF KARNATAKA AND OTHERS REPORTED IN (1992) 2 SCC 29 declare that from the date of judgment, every temporary teacher shall be paid salary as is admissible to teachers appointed against permanent post. On the basis of this judgment, the petitioner approached the respondent for payment of arrears of salary. This claim of the petitioner came to be rejected by the respondent in appeal Nos.125/1999 and 35/2001. 3 Against these orders, the petitioner approached this Court in W.P.No.28272/2002 (S) and the same came to be allowed vide order dated 11.07.2008 by quashing the orders rejecting the claim of petitioner and directed the respondent to reconsider the matter in the light of the judgment of the Supreme Court. Since, the respondent failed to comply the direction given by the learned Single Judge, the petitioner filed a contempt petition in CCC No.681/2009. During the pendency of contempt proceedings, the respondent passed the impugned order at Annexure 'K'. The contempt proceedings came to be disposed with a liberty to the petitioner to challenge the impugned order. Therefore, the present writ petition.
3. Heard arguments on both side and perused the entire writ papers.
4. On perusal of the judgment of Supreme Court in Karnataka State Private Colleges Stop Gap Lecturers Association's case, nowhere it is stated that arrears has to be paid to the Stop Gap Lecturer only, when he was appointed against a sanctioned vacant post. But, the respondent in the impugned order rejected the claim 4 of the petitioner on the ground that he was not appointed against the sanction of vacant post. This reasoning of the respondent in the impugned order is contrary to law declared by the Apex Court in Karnataka State Private Colleges Stop Gap Lecturers Association's case. On this ground, the impugned order is liable to be quashed.
5. It is not open for the respondent to reinterpret the dictum of the Apex Court. Further, it is not open for the respondent to read into the judgment of the Apex Court something alien to it. It is obligatory on the part of the respondent strictly to implement and enforce the judgment of the Apex Court.
6. For the reasons stated above, the following:-
ORDER
1. Writ Petition is hereby allowed.
2. Impugned order dated 16.10.2009 as per Annexure 'K' is hereby quashed.
3. The respondent is hereby directed to pay the arrears of salary to the petitioner in terms of the judgment of Supreme Court in 5 Karnataka State Private Colleges Stop Gap Lecturers Association's case within the time frame of three months' from the date of receipt of copy of this order.
SD/-
JUDGE LB