Karnataka High Court
Gadigayya Rachayya Salimath vs State Of Karnataka on 26 September, 2013
Author: Ashok B. Hinchigeri
Bench: Ashok B. Hinchigeri
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF SEPTEMBER, 2013
BEFORE
THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI
WRIT PETITION Nos.83121-83139/2013 (S-R)
BETWEEN:
1. Gadigayya Rachayya Salimath,
S/o Rachayya Salimath,
Aged about 64 years,
Retired Physical Culture Instructor,
S.K.Arts College & HSK Science Institute,
Hubli. R/o 'Shivashakthi',
Lingaraj Nagar Main Road,
Hubli - 31.
2. Prabhakar Sidramappa Kumbar,
S/o Sidramappa Kumbar,
Aged about 66 years,
Retired Selection Grade Librarian,
Channabasaveshwar College of
Arts, Commerce & Science,
Bhalki, Bidar District.
R/at C/o B.B.Kademani,
No.50, Apporva Nagar,
Gokul Road, Hubli - 30.
3. Smt. Saroja,
W/o late Basavaraj R.Gadag,
Aged about 52 years,
Retired Selection Grade Physical Education Director,
S.K.Arts & Commerce College,
Talikot, Bijapur District,
R/at C/o Shivanath Avarsangh,
Banashankari Nagar II Cross,
Dharwad - 580 008.
2
4. Mallappa Malakappa Guddad,
S/o Malakappa Guddad,
Aged about 65 years,
Retired Physical Culture Instructor,
A.S.S.College of Commerce, Gadag.
R/o House No.272, MIG - I,
Siddalinga Nagar, Gadag-582 103.
5. Shivanand Yallappa Chanagi,
S/o Yallappa Chanagi,
Aged about 64 years,
Retired Physical Culture Instructor,
S.P.M.Arts & Commerce College,
Rayabag, R/o Vidyanagar College Road,
Rayabag - 591 317,
Belgaum District.
6. Sadanand Gadigappa Tigadi,
S/o Gadigappa Tigadi,
Aged about 64 years,
Retired Selection Grade Librarian,
P.C.Jabin's Science College,
Hubli, R/o House No.12,
Lingaraj Nagar (South),
Hubli - 31.
7. Manohar Doddanayak Rachnaikar,
S/o Doddanayak Rachnaikar,
Aged about 66 years,
Retired Selection Grade Librarian,
B.V.B.College of Engineering & Technology,
Hubli, R/o 'Sangameshwar Krupa',
House No.43, Lingaraj Nagar (North),
Hubli - 31.
8. Revansiddappa Sangappa Arabbi,
S/o Sangappa Arabbi,
Aged about 65 years,
Retired Selection Grade Physical Education Director,
Basaveshwar Arts College, Bagalkot,
R/o 291/2A, Hunde Kargalli,
Bagalkot - 587 101.
3
9. Smt. Shantha,
W/o late Shekharappa Rudrappa Chavadi,
Aged about 61 years,
Retired Physical Education Director,
Basaveshwar Arts College,
Bagalkot, R/o 16/2, 19th Cross,
Vijayanagar, Vidyagiri,
Bagalkot - 587 102.
10. Ramappa Krishtappa Hosur,
S/o Krishtappa Hosur,
Aged about 63 years,
Retired Selection Grade Physical Education Director,
S.V.M.Arts, Science & Commerce College,
Ilkal, R/o Joshigalli,
Near KSRTC Bus Stand,
Ilkal - 587 125,
Bagalkot District.
11. Mahadevappa Siddappa Bagewadi,
S/o Siddappa Bagewadi,
Aged about 65 years,
Retired Selection Grade Librarian,
Basaveshwar Arts College,
Bagalkot, R/o Sector No.55,
Plot No.D/9, Navanagar,
Bagalkot - 587 103.
12. Prabhakar Parashiv Hiremath,
S/o Parashiv Hiremath,
Aged about 67 years,
Retired Selection Grade Librarian,
Basaveshwar Commerce College,
Bagalkot, R/o Plot No.49,
Halyal Layout Vinayak Nagar,
Bagalkot - 587 101.
13. Govind Beeranna Nayak,
S/o Beeranna Nayak,
Aged about 65 years,
Retired Physical Education Director,
Bangur Nagar Arts, Science & Commerce College,
4
Dandeli, R/o Lakshmeshwar,
Near ICE Factory, Ankola,
Uttara Kannada District.
14. K.V.Shankargouda,
S/o V.Shankargouda,
Aged about 65 years,
Retired Physical Education Director,
Sree Mrutyunjaya Arts & Commerce College,
Dharwad, R/o 27/2, Vishveshwar Nagar,
Hubli - 580 032.
15. Ashok Veerabhadrappa Sidnal,
S/o Veerabhadrappa Sidnal,
Aged about 64 years,
Retired Selection Grade Librarian,
Karnataka Arts & Science College,
Bidar, R/o No.75, Sirur Park,
II Stage, Near Ayyappa Temple,
Vidyanagar, Hubli - 21.
16. Kareppa Siddappa Bhimannavar,
S/o Siddappa Bhimannavar,
Aged about 64 years,
Retired Physical Culture Instructor,
J.S.S.College, Dharwad.
R/o 'Yadushi Krupa',
Dyamavvanagudi Oni,
Mrutyunjaya Nagar,
Dharwad - 6.
17. Shivaputra Bailappa Dalawai,
S/o Bailappa Dalawai,
Aged about 64 years,
Retired Selection Grade Physical Education Director,
Arts and Commerce College, Kittur,
R/o Nichchanaki, Kittur,
Belgaum District.
18. Veerabhadrappa Gundappa Barasanoor,
S/o Gundappa Barasanoor,
Aged about 65 years,
5
Retired Physical Education Director,
Karnataka Arts & Science College,
Bidar, R/o C/o Ashok Sidnal,
No.75, Sirur Park II Stage,
Near Ayyappa Temple, Vidyanagar,
Hubli - 21.
19. Irasangappa Nagappa Kumbar,
S/o Nagappa Kumbar,
Aged about 67 years,
Retired Selection Grade Librarian,
S.V.s.Bellubbi Arts & Commerce College,
Saundatti, R/o 'Neeraj',
Plot No.4, Prashanth Colony,
Vidyanagar, Hubli. ... Petitioners
(By Sri K.B.Muralidhar for Sri K.R.Bhavanishankar, Advocates)
AND:
1. State of Karnataka,
By its Principal Secretary to Government,
Education Department (Higher Education),
M.S.Buildings, Bangalore - 560 001.
2. The Commissioner for Collegiate
Education in Karnataka,
Bangalore - 560 001.
3. The Commissioner for Technical
Education in Karnataka,
Bangalore - 560 001.
4. The Joint Director of Collegiate Education,
Dharwad.
5. The Accountant General in Karnataka,
Park House, Bangalore - 560 001. ... Respondents
(By Sri K.S.Patil, HCGP)
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These writ petitions are filed under Articles 226 and 227 of
the Constitution of India praying to quash the impugned
endorsement dated 29.6.2013 of the R2 (Annexure-T) holding
the same as illegal, bad in law, arbitrary one and etc.
These writ petitions coming on for preliminary hearing this
day, the Court made the following:
ORDER
Sri K.S.Patil, the learned Government Pleader is directed to take notice for the respondents.
2. The petitioners, who have retired as Physical Culture Instructors, Selection Grade Physical Education Directors and Selection Grade Librarians in the aided colleges, have the grievance over the withdrawal of the revised pay scales and the consequent recovery of certain amounts from their pension.
3. Sri K.B.Muralidhar, the learned counsel for the petitioners submits that the matter is squarely covered by this Court's order, dated 28.9.2006 passed in W.P.No.47394/2001 c/w W.P.No.18084/2002 and the order, dated 13.2.2009 passed in W.P.No.5855/2008. He further submits that the learned Single Judge's orders are confirmed by the Division Bench of this Court by its order, dated 25.2.2010 passed in W.A.No.3750/2009 and by the Hon'ble Supreme Court in SLP (Civil) CC 8211/2011. 7
4. Sri K.S.Patil, the learned Government Pleader appearing for the respondents is in no position to dispute the same.
5. The issue is no more res integra. It is covered by this Court's order, dated 28.9.2006 passed in W.P.No.47394/2001 c/w W.P.No.18084/2002 and the order, dated 13.2.2009 passed in W.P.No.5855/2008. The Government filed the writ appeal and SLP, but without any rate of success.
6. Following the said orders, I dispose of these petitions with a direction to the respondents to refund the amounts recovered from the petitioners' pension on account of the withdrawal of the revised UGC pay scales. The said amounts shall be refunded with interest at 9% per annum from the date of its recovery till the date of payment. Further, the respondents are directed to release all the withheld amounts at the same rate of interest.
7. As far as the re-fixing of the pension is concerned, the respondents shall complete the process in the letter and spirit of the aforesaid orders. This process shall be completed as expeditiously as possible and in any case within an outer limit of 8 four months from the date of the production of the certified copy of today's order.
Sd/-
JUDGE MD