Karnataka High Court
Smt R Sumathi vs Principal Secretary To The Government on 27 July, 2015
Author: Raghvendra S.Chauhan
Bench: Raghvendra S. Chauhan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JULY, 2015
BEFORE
THE HON'BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN
WRIT PETITION NO.57581 OF 2014
CONNECTED WITH
WRIT PETITION NOS.50640-50645 OF 2014,
WRIT PETITION NOS.6301-6307 OF 2015,
AND
WRIT PETITION NO.5013 OF 2015 (S-R)
IN W.P.No.57581/2014
BETWEEN:
SMT. R. SUMATHI
AGED 60 YEARS,
W/O. H.R.ANANTHAPADMANABHA,
RESIDING AT NO.565, 12TH MAIN,
20TH 'B' CROSS, 'C' BLOCK,
VIJAYANAGAR III STATE,
MYSORE.
...PETITIONER
(BY SRI M. NAGA PRASANNA, ADV.)
AND:
1. THE PRINCIPAL SECRETARY TO THE GOVERNMENT
OF KARNATAKA,
(HIGHER EDUCATION),
EDUCATION DEPARTMENT,
M.S. BUILDINGS,
DR. AMBEDKAR VEEDHI,
BANGALORE.
2
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS
DEPARTMENT OF PRE-UNIVERSITY EDUCATION,
PALACE ROAD,
BANGALORE.
3. THE ACCOUNTANT GENERAL IN KARNATAKA (A & E)
BANGALORE.
4. MAHAJANA PRE-UNIVERSITY COLLEGE
JAYALAXMIPURAM,
MYSORE,
BY ITS PRINCIPAL.
...RESPONDENTS
(BY SMT. RAFEEUNNISA, H.C.G.P. FOR R1 TO 3;
R4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
KARNATAKA ACT NO.7/2014 AS UNCONSTITUTIONAL AND
UNENFORCEABLE, AND ETC.
***
IN W.P. NOS.50640-50645/2014
BETWEEN:
1. SMT. G. V. JAYASHREE
D/O. SRI G. VASUDEVA RAO,
AGED ABOUT 54 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF CHEMISTRY,
DR. AMBEDKAR INSTITUTE OF TECHNOLOGY,
BANGALORE-560056,
RESIDING AT NO.239/M,
"PARASHAKTHI", 2ND 'D' CROSS, 2ND 'B' MAIN,
I PHASE, GIRINAGAR,
BANGALORE.
3
2. SRI R. H. VIJAYA KUMAR
S/O. RAMACHANDRAPPA,
AGED ABOUT 54 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF ELECTRONICS AND COMMUNICATION,
DR. AMBEDKAR INSTITUTE OF TECHNOLOGY,
BANGALORE-560056,
RESIDING AT NO.661, 2ND FLOOR,
2ND CROSS, 8TH 'C' MAIN,
3RD STAGE, MANJUNATHANAGAR,
BANGALORE.
3. SRI M. KRISHNAMURTHY
S/O. SRI MAYANNA,
AGED ABOUT 56 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
DR. AMBEDKAR INSTITUTE OF TECHNOLOGY,
BANGALORE-560056,
RESIDING AT NO.68,
18TH MAIN 'D' BALAGANGADHARA NAGARA,
ITI LAYOUT,
MALLATHALLI,
BANGALORE.
4. SRI T. CHANDRASHEKARAIAH
S/O. SRI THONASAPPA,
AGED ABOUT 55 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
DR. AMBEDKAR INSTITUTE OF TECHNOLOGY,
BANGALORE-560056,
RESIDING AT NO.47, 13TH CROSS,
NGEF LAYOUT, II STAGE,
NAGARABHAVI,
BANGALORE-560072.
4
5. DR. K. V. LOKESH
S/O. LATE DR. VENKATAIAH,
AGED ABOUT 55 YEARS,
SELECTION GRADE LECTURER/PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
DR. AMBEDKAR INSTITUTE OF TECHNOLOGY,
BANGALORE-560056,
RESIDING AT NO.561, 10TH 'A' MAIN, 36TH CROSS,
5TH BLOCK, JAYANAGAR,
BANGALORE.
6. SRI KENCHAMARAPPA
S/O. SRI KANIMAPPA,
AGED ABOUT 49 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF PHYSICS,
DR. AMBEDKAR INSTITUTE OF TECHNOLOGY,
BANGALORE-560056,
RESIDING AT SUJAYAMMA COMPOUND,
MALLATHAHALLI,
BANGALORE-560056.
... PETITIONERS
(BY SRI M. SUBRAMANYA BHAT, ADV.)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF TECHNICAL EDUCATION,
REPRESENTED BY THE SECRETARY,
M. S. BUILDING,
BANGALORE-01.
2. THE STATE OF KARNATAKA
DEPARTMENT OF PARLIAMENTARY AFFAIRS AND
LEGISLATION,
VIDHANA SOUDHA,
BANGALORE-01.
3. THE DIRECTOR OF TECHNICAL EDUCATION
M. S. BUILDINGS,
BANGALORE-01.
5
4. THE PRINCIPAL
DR. AMBEDKAR INSTITUTE OF TECHNOLOGY,
MALLATHAHALLI,
NEAR JNANA BHARATHI,
BANGALORE-56.
5. PANCHAJANYA VIDYAPEETHA
WELFARE TRUST, MALLATHALLI,
BANGALORE-56,
BY THE SECRETARY.
... RESPONDENTS
(BY SMT. RAFEEUNNISA, H.C.G.P. FOR R1 TO 3;
SRI HARISH H.V., ADV., FOR R4 & R5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THAT THE KARNATAKA PRIVATE AIDED EDUCATIONAL
INSTITUTIONS EMPLOYEES (REGULATION OF PAY, PENSION, AND
OTHER BENEFITS) ACT, 2014, VIDE ANNEXURE-J AS
UNCONSTITUTIONAL AND ULTRAVIRES, AND ETC.
***
IN W.P. NOS.6301-6307/2015
BETWEEN:
1. SRI S. RAVISHANKARA
S/O. SRIKANTAIAH,
AGED ABOUT 52 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
R. B. A. N. M's FIRST GRADE COLLEGE,
NO.12, ANNASWAMY MUDALIAR ROAD,
BENGALURU-560042.
6
2. SMT. T. K. SUDHARANI
W/O. A. K. MOHAN,
AGED ABOUT 56 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
R. B. A. N. M's FIRST GRADE COLLEGE,
NO.12, ANNASWAMY MUDALIAR ROAD,
BENGALURU-560042.
3. SRI B. CHANDRA
S/O. LATE BYRAPPA,
AGED ABOUT 49 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
R B A N M'S FIRST GRADE COLLEGE,
NO.12, ANNASWAMY MUDALIAR ROAD,
BENGALURU-560042,
4. SRI N. V. RAGHU
N. S. VENUGOPAL RAO,
AGED ABOUT 49 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
R. B. A. N. M's FIRST GRADE COLLEGE,
NO.12, ANNASWAMY MUDALIAR ROAD,
BENGALURU-560042.
5. SRI VINOD KUMAR E.
S/O. MUKUNDAN M.,
AGED ABOUT 49 YEARS
WORKING AS ASSOCIATE PROFESSOR,
R. B. A. N. M's FIRST GRADE COLLEGE,
NO.12, ANNASWAMY MUDALIAR ROAD,
BENGALURU-560042.
6. SRI K. SHIVAKUMAR
S/O. K. SHIVALINGAPPA,
AGED ABOUT 52 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
R. B. A. N. M's FIRST GRADE COLLEGE,
NO.12, ANNASWAMY MUDALIAR ROAD,
BENGALURU-560042.
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7. SRI VITTAL V. KULKARNI
S/O. V. G. KULKARNI,
AGED ABOUT 51 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
R. B. A. N. M's FIRST GRADE COLLEGE,
NO.12, ANNASWAMY MUDALIAR ROAD,
BENGALURU-560042.
... PETITIONERS
(BY SRI PADMANABHA R, ADV.)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF LAW AND PARLIAMENTARY AFFAIRS,
VIDHANA SOUDHA,
BANGALORE-560001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
M. S. BUILDING,
BANGALORE-560001.
3. THE COMMISSIONER
COLLEGIATE EDUCATION DEPARTMENT,
SHESHADRI ROAD,
BANGALORE-560001.
4. THE REGIONAL JOINT DIRECTOR
COLLEGIATE EDUCATION DEPARTMENT,
KALIDASA ROAD,
BANGALORE-560009.
5. THE PRINCIPAL
R. B. A. N. M's FIRST GRADE COLLEGE,
NO.12, ANNASWAMY MUDALIAR ROAD,
BENGALURU-560042.
... RESPONDENTS
(BY SMT. RAFEEUNNISA, H.C.G.P. FOR R1 TO 4;
R5 SERVED)
8
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THE PROVISIONS OF SECTION 3(1) AND (2) OF THE KARNATAKA
PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
[REGULATION OF PAY, PENSION AND OTHER BENEFITS] ACT 2014
VIDE ANNEXURE-C ISSUED BY THE RESPONDENT NO.1, AS
UNCONSTITUTIONAL AND CONSEQUENTLY STRIKE DOWN THE
SAID PROVISIONS AS ULTRA VIRES OF THE CONSTITUTION OF
INDIA.
***
IN W.P. NO.5013/2015
BETWEEN:
SMT. RANJINI DEVI K.
W/O. DR. M. RAMESH,
AGED ABOUT 53 YEARS,
WORKIG AS ASSOCIATE PROFESSOR,
JYOTHI NIVAS COLLEGE - AUTONOMOUS,
HOSUR ROAD,
BANGALORE-560095
... PETITIONER
(BY SRI M.S. BHAGWAT, ADV.)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
DR, AMBEDKAR VEEDHI,
M, S, BUILDING,
BANGALORE-560001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF PARLIAMENTARY AFFAIRS &
LEGISLATION,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE-560001.
9
3. THE COMMISSIONER FOR COLLEGIATE EDUCATION
OFFICE OF THE COMMISSIONER,
II FLOOR, D. T. E. BUILDING,
PALACE ROAD,
BANGALORE-560001.
4. THE DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE COMMISSIONER,
II FLOOR, D. T. E. BUILDING,
PALACE ROAD,
BANGALORE-560001.
5. THE JOINT DIRECTOR
OFFICE OF THE COLLEGIATE REGIONAL OFFICE,
KALIDASA ROAD,
BANGALORE-560009.
6. THE PRINCIPAL
JYOTHI NIVAS COLLEGE - AUTONOMOUS,
HOSUR ROAD,
BANGALORE-560095.
... RESPONDENTS
(BY SMT. RAFEEUNNISA, H.C.G.P. FOR R1-5;
R6 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THAT THE KARNATAKA PRIVATE AIDED EDUCATIONAL
INSTITUTIONS EMPLOYEES (REGULATION OF PAY, PENSION AND
OTHER BENEFITS) ACT, 2104, (KARNATAKA ACT NO.7 OF 2014)
(ANNEXURE-B TO THE W.P.) IS UNCONSTITUTIONAL AND
ENFORCEABLE AND CONSEQUENTLY RESTRAIN THE
RESPONDENTS FROM ENFORCING THE SAID PROVISIONS.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
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ORDER
The learned counsel for the petitioners submits that in the present petitions, he has challenged the constitutional validity of the Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other Benefits) Act, 2014. According to the learned counsel, the issue raised in the present petitions was also raised in W.P. No.21216 of 2014 and connected matters. The said writ petitions have been decided by this Court by order dated 10-7-2015. By the said order, the co-ordinate Bench has struck down the said Act as being unconstitutional.
2. The operative portion of the said order is as under:
(i) Writ Petitions are hereby allowed. 11
(ii) The Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other Benefits) Act, 2014 (Karnataka Act No.07/2014) is hereby struck down as ultravires of Constitution of India as it is opposed to Article 14 of Constitution of India and also encroaches upon the judicial powers of the Courts as discussed herein above.
(iii) Respondent - State shall continue to pay salary or pension as the case may be, to petitioners and similarly placed persons as was being paid pursuant to its earlier orders or in other words, as it was being paid prior to impugned enactment. 12
OR Respondent - State shall comply with the directions already issued by this Court extending the monetary benefits and treating the petitioners working in Private Aided Educational Institutions on par with the employees working in Government Institutions.
(iv) In the event of respondent - State having recovered any amount/s pursuant to the impugned enactment, same is hereby ordered to be refunded to the respective petitioner/s by the State expeditiously, at any rate within eight weeks from the date of receipt of certified copy of this order. 13
3. Therefore, the learned counsel for the petitioners submits that the present petitions are equally covered by the said order.
Since the legal issue in the present petitions is the same, these petitions are hereby allowed in the terms of the decision in W.P. No.21216 of 2014.
Sd/-
JUDGE kvk