Karnataka High Court
Sri Babunaik S/O Kedeppa T vs The State Of Karnataka on 31 August, 2024
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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WP No. 105171 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 31ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
WRIT PETITION NO.105171 OF 2024 (S-RES)
BETWEEN:
1. SRI BABUNAIK S/O. KEDEPPA T.,
AGE: 58 YEARS, OCC: TEACHER,
R/O: KENCHANAGUDDA,
TQ AND DIST: BALLARI - 583 121.
2. SRI SUKANAIK S/O. KRISHNAPPA,
AGE: 55 YEARS, OCC: TEACHER,
R/O:47, NEAR HIGHER SCHOOL KANNDA,
KENCHANAGUDDA, DIST: BALLARI - 583 121.
3. SRI K. VENKOBANNA S/O. HUSENAPPA,
AGE: 58 YEARS, OCC: TEACHER,
R/O: KOLLURAMMA TEMPLE,
T. KALLALI, POOJARIHALLI,
DIST: BALLARI - 583 218.
Digitally signed by
CHANDRASHEKAR NOW AT GHPS KURUVALLI, TQ.SIRGUPPA,
LAXMAN
KATTIMANI
Location: High
DIST: BALLARI.
Court of Karnataka
4. SRI H. NARASAPPA S/O. TAYAPPA,
AGE: 56 YEARS, OCC: TEACHER,
R/O: 231, S.C.COLONY,
NEAR DURGAMMA TEMPLE, NADANGA,
SIRUGUPPA, DIST: BALLARI - 583 114.
5. SRI B. VEERESH S/O. LATE BHEEMAPPA,
AGE: 58 YEARS, OCC: TEACHER,
R/O: WARD NO.2, NR:MAREMMA TEMPLE,
K. SUGURU, KOTEHALSUGUR, K. SUGUR,
SIRUGUPPA, DIST: BELLARI - 583 121.
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WP No. 105171 of 2024
6. SRI T. SIDDHAYYA S/O. THIMAPPA,
AGE: 57 YEARS OCC: TEACHER,
R/O: 11TH WARD, ASHRAYA COLONY,
NR: BANNI MAHAKALAMMA TEMPLE,
HALEKOTE, TEKKALAKOTA, SIRUGUPPA,
DIST: BALLARI - 583 122.
7. SRI VENKATESH S/O. V.A.RAJAN,
AGE: 55 YEARS OCC: TEACHER,
R/O: NEAR KRISHAN NAGAR, WARD NO.15,
HOUSE NO.69/1, TQ: SIRUGUPPA,
DIST & BALLARI - 583 121.
8. SRI T. NAGAPPA S/O. THIMAPPA,
AGE: 61 YEARS, OCC: TEACHER,
R/O: HOUSE NO.42, ANTAPUR,
MOKHOBALI - 583 113,
TQ: ANTHAPURA, DIST: BALLARI.
...PETITIONERS
(BY SRI LAXMAN T. MANTAGANI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
EDUCATION DEPARTMENT, M. S. BUILDING,
BENGALURU, PIN CODE: 560 001.
2. THE UNDER SECRETARY PRIMARY EDUCATION
TO GOVERNMENT OF KARNATAKA
PRIMARY EDUCATION, M.S. BUILDING,
BENGALURU, PIN CODE: 560 001.
3. THE DIRECTOR (PRIMARY EDUCATION),
NEW PUBLIC OFFICES, NRUPATUNGA ROAD,
BENGALURU, PIN CODE - 560 001.
4. THE COMMISSIONER OF EDUCATION IN KARNATAKA,
NEW PUBLIC OFFICES, NRUPATUNGA ROAD,
BENGALURU - 560 001.
5. THE ZILLA PANCHAYAT,
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WP No. 105171 of 2024
BALLARI BY ITS CHIEF EXECUTIVE OFFICER,
PIN CODE : 583 101.
6. THE DEPUTY DIRECTORS,
DEPARTMENT OF PUBLIC INSTRUCTIONS,
BALLARI DISTRICT, BALLARI,
PIN CODE : 583 101.
7. THE DEPUTY DIRECTOR (DEVELOPMENT),
DIET, BALLARI DISTRICT,
BALLARI, PIN CODE : 583 101.
...RESPONDENTS
(BY SRI P.N.HATTI, HCGP FOR R1 TO R4, R6 AND R7;
NOTICE TO R5 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS AUTHORITIES TO
DISBURSE THE HONORARIUM PAY-SCALE AND ARREARS WITH 18%
INTEREST AND IMPLEMENT THE GOVERNMENT ORDER NO.ED3 PMA
2008 BENGALURU DATED 20/01/2011 VIDE ANNEXURE-D AND
ORDER IN NO.ED38 PMA 2011, DATED 06/08/2012 VIDE
ND
ANNEXURE-E BOTH ARE ISSUED BY THE 2 RESPONDENT
CONSIDERING THE REPRESENTATION DATED 10.01.2024. ISSUE A
WRIT OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES
TO DISBURSE THE PAY SCALE WITH EFFECT FROM 20/01/2011 AND
ARREARS WITH 18% INTEREST AS PER THE GOVERNMENT ORDERS
IN NO.ED3 PMA 2008 BENGALURU DATED 20/01/2011 VIDE
ANNEXURE - D AND ORDER IN NO.ED38 PMA 2011, DATED
06/08/2012 VIDE ANNEXURE-E BOTH ISSUED BY THE 2ND
RESPONDENT AND ALSO VIDE ORDER DATED 29/03/2022 IN WP
NOS.101015/2022 (S-RES) C/W WP NO.100607/2022 PASSED BY
THIS HON'BLE COURT VIDE ANNEXURE-H AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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ORAL ORDER
Writ petition is filed seeking for following reliefs:
a. Issue a Writ of Mandamus directing the Respondents authorities to disburse the Honorarium pay-scale and arrears with 18% interest and implement the Government Order No.ED3 PMA 2008 Bengaluru dated 20/01/2011 vide Annexure-D and Order in No.ED38 PMA 2011, dated 06/08/2012 vide Annexure-E both are issued by the 2nd Respondent considering the Representation dated 10.01.2024.
b. Issue a Writ of Mandamus directing the respondent authorities to disburse the pay scale with effect from 20/01/2011 and arrears with 18% interest as per the Government Orders in No.ED3 PMA 2008 Bengaluru dated 20/01/2011 vide Annexure-D and Order in No.ED38 PMA 2011, dated 06/08/2012 vide Annexure-E both issued by the 2nd Respondent and also vide order dated 29/03/2022 in WP Nos.101015/2022 (S-RES) C/W WP no.100607/2022 passed by this Hon'ble Court vide Annexure-H. c. Issue any other order or direction as this Hon'ble Court deems fit, in the circumstances of the case, in the interest of justice and equity.
2. Sri Laxman T.Mantagani, learned counsel for petitioners submitted that petitioners were permitted to work as honourary primary school teachers and honorarium basis from 1988 as they had not completed their TCH course and that they have rendered service continuously without any break. It was submitted that some of them have retired and some of them have crossed age of superannuation. It was -5- NC: 2024:KHC-D:12521 WP No. 105171 of 2024 submitted, in terms of Circulars at Annexures-B and C, in case of those who had completed training and were issued certificates, respondents had revised pay-scale to Rs.6,800/- to Rs.13,000/- with prospective effect from 20.01.2011. Subsequently, by communication dated 06.08.2012 at Annexure-E, pay scale was revised to Rs.8,000/- to Rs.14,800/-. It was submitted, petitioners were not granted said benefit. Seeking for same, they submitted representation at Annexure-J on 10.01.2024. It was submitted despite lapse of reasonable period of time, same remained without consideration. Therefore seeks for allowing writ petition by issuing direction for consideration.
3. Sri P.N.Hatti, learned High Court Government Pleader for respondents would submit, in case petitioners' representation is pending consideration, respondents would examine same on basis of entitlement and pass appropriate orders within reasonable time.
4. Heard learned counsel and perused writ petition record.
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5. From above, seeking for arrears of pay/pay scale, petitioners have submitted representation at Annexure-J. Same appears to be pending consideration. But representation at Annexure-J does not clearly mention basis for arrears or quantum of claim, it would be appropriate to dispose of writ petition by permitting petitioners to submit fresh representation along with copy of Annexure-J and copy of this order and also orders passed in similar cases, clarifying basis of petitioners' claim in tabulated form, within a period of four weeks from date of receipt of certified copy of this order. Thereafter respondents shall consider same as expeditiously as possible within three months and inform petitioners about result of consideration.
Writ petition disposed of accordingly.
Sd/-
(RAVI V.HOSMANI) JUDGE EM CT-ASC List No.: 1 Sl No.: 26