Karnataka High Court
Gurubasavaraj J Halli vs The State Of Karnataka on 12 February, 2014
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 12TH DAY OF FEBRUARY, 2014
BEFORE
THE HON'BLE MR.JUSTICE B.SREENIVASE GOWDA
W.P.NOs.101908-101921/2014 (S-RES)
BETWEEN :
1. GURUBASAVARAJ J HALLI
AGE: 43 YEARS,
OCC: PRINCIPAL
SHRI BVVSR VASTRAD RURAL POLYTECHNIC
COLLEGE, GULEDGUDDA
TQ: BADAMI
DIST: BAGALKOT
2. NAGARAJ S/O. RAMATEERTH AIRANI
AGE: 53 YEARS,
OCC: LECTURER
SHRI BVVSR VASTRAD RURAL POLYTECHNIC
COLLEGE, GULEDGUDDA TQ: BADAMI DIST:
BAGALKOT
3. SURESH S/O. CHANNAPPA METI
AGE: 52 YEARS,
OCC: LECTURER
SHRI BVVSR VASTRAD RURAL POLYTECHNIC
COLLEGE, GULEDGUDDA TQ: BADAMI DIST:
BAGALKOT
4. CHANNAPPAGOUDA S PATIL
AGE: 54 YEARS,
OCC: LECTURER
2
SHRI BVVSR VASTRAD RURAL POLYTECHNIC
COLLEGE, GULEDGUDDA TQ: BADAMI DIST:
BAGALKOT
5. IMAMBI W/O. MODINSHA MAKANDAR
AGE: 51 YEARS,
OCC: LECTURER
SHRI BVVSR VASTRAD RURAL POLYTECHNIC
COLLEGE, GULEDGUDDA TQ: BADAMI DIST:
BAGALKOT
6. SHANTABASAVAREDDI S/O. FAKEERAPP
HARLAPUR
AGE: 38 YEARS,
OCC: LECTURER
SHRI BVVSR VASTRAD RURAL POLYTECHNIC
COLLEGE, GULEDGUDDA TQ: BADAMI DIST:
BAGALKOT
7. KALAKAPPA S/O. CHANDRASHEKAR HEGADE
AGE: 39 YEARS,
OCC: LECTURER
SHRI BVVSR VASTRAD RURAL POLYTECHNIC
COLLEGE, GULEDGUDDA TQ: BADAMI DIST:
BAGALKOT
8. SHASHIDHAR S/O. SOMASHEKAR HEGADI
AGE: 40 YEARS,
OCC: LECTURER
SHRI BVVSR VASTRAD RURAL POLYTECHNIC
COLLEGE, GULEDGUDDA TQ: BADAMI DIST:
BAGALKOT
9. HANAMANT S/O. LAXMAN NAIKAR
AGE: 45 YEARS,
OCC: LECTURER
SHRI BVVSR VASTRAD RURAL POLYTECHNIC
3
COLLEGE, GULEDGUDDA TQ: BADAMI DIST:
BAGALKOT
10. MAGUNDAGOUDA S/O. YAMANAPPA GOUDAR
AGE: 49 YEARS,
OCC: LECTURER
SHRI BVVSR VASTRAD RURAL POLYTECHNIC
COLLEGE, GULEDGUDDA TQ: BADAMI DIST:
BAGALKOT
11. VIJAYLAXMI W/O. SHARANAPPA KHEDAGI
AGE: 46 YEARS,
OCC: LECTURER
SHRI BVVSR VASTRAD RURAL POLYTECHNIC
COLLEGE, GULEDGUDDA TQ: BADAMI DIST:
BAGALKOT
12. SHOBHA GANGAPPA RAMENAHALLI
AGE: 40 YEARS,
OCC: LECTURER
SHRI BVVSR VASTRAD RURAL POLYTECHNIC
COLLEGE, GULEDGUDDA TQ: BADAMI DIST:
BAGALKOT
13. SUBHAS S/O. RUDRAGOUDA BHARAMAGOUDAR
AGE: 41 YEARS,
OCC: LECTURER
SHRI BVVSR VASTRAD RURAL POLYTECHNIC
COLLEGE, GULEDGUDDA TQ: BADAMI DIST:
BAGALKOT
14. BASAVARAJ S/O. VITTAL KAVADIMATTI
AGE: 39 YEARS,
OCC: LECTURER
SHRI BVVSR VASTRAD RURAL POLYTECHNIC
COLLEGE, GULEDGUDDA TQ: BADAMI DIST:
4
BAGALKOT
... PETITIONERS
(By Sri. SHIVAKUMAR S BADAWADAGI, ADVOCATE.)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY TO TECHNICAL
EDUCATION DEPARTMENT
(SECONDARY) M S BUILDING,
BANGALORE
2. THE DIRECTOR OF TECHNICAL EDUCATION
NRUPATUNGA ROAD,
BANGALORE
3. B V V S S R VASTRAD
RURAL POLYTECHNIC COLLEGE,
R/BY ITS PRINCIPAL
GULEDGUDDA, TQ: BADAMI
DIST: BAGALKOT
... RESPONDENTS
(By Sri.ANAND K.NAVALGIMATH, HCGP FOR
RESPONDENTS.)
THESE WPs ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:
DIRECT THE RESPONDENT AUTHORITES TO
CONSDIER THE PAST SERVICE RENDERED BY THE
PETITIONERS FOR ALL SERVICE BENEFITS SUCH AS
5
PENSION, ARREARS OF SALARY, SENIORITY, PAY
FIXATION, PROMOTION, PROVIDENT FUND, GRATUITY,
TBP, LEAVE ENCASHMENT AND ALL OTHER SERVICE
BENEFITS ATTACHED TO THEIR RESPECTIVE POSTS
FROM THE DATE OF THEIR ORIGINAL APPOINTMENT
MADE BY THE 3RD RESPONDENT AND THE COPIES OF
THE SAME ARE PRODUCED AS AT ANNEXURE-A-A13
RESPECTIVELY AND NOT FROM THE DATE OF GRANT
IN AID ORDER PASSED BY THE 1ST RESPONDENT AS
PER ANNEXURE-C, C1, C2, C3 HEREIN.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned HCGP is directed to take notice for State- respondents.
2. Although these matters are listed for preliminary hearing, with the consent of the learned Counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the State and its authorities, matters are disposed of finally as the same are covered by several judgments of this Court and of the Apex Court passed in such and similar cases. 6
3. The petitioners in these petitions who belong to teaching staff of Educational Institution run by Private Management have preferred these writ petitions seeking a Writ of Mandamus directing the respondents to reckon and count the services rendered by them from the date of their initial appointment upto the date of approval of their appointment with grant-in-aid facility for the purpose of fixation of initial pay, seniority, promotion, increment and pensionary benefit and to consider their representation for extending the aforesaid benefits to them in the light of the earlier Judgments of this Court.
4. The learned Counsel for the petitioners submits, the issue involved in these petitions is fully covered by several judgments of this Court and a few of such judgments are cited hereunder :
(i) W.A.Nos.848/2008 and connected cases disposed of on 3-11-2009 - PRINCIPAL SECRETARY TO GOVERNMENT OF 7 KARNATAKA AND OTHERS vs. NAGEGOWDA AND OTHERS.
(ii) W.P.Nos. 37250-37254/2010 disposed of on 2-
12-2010 - K.C.PRAKASH AND OTHERS vs. STATE OF KARNATAKA AND OTHERS.
(iii) W.P.Nos. 66892-66910/2011 disposed of on 19-10-11 - A.ANANDA AND OTHERS vs. STATE OF KARNATAKA AND OTHERS.
5. Learned High Court Government Pleader for the State does not dispute the said fact.
6. The submissions made by the learned Counsel for the parties are placed on record.
7. Accordingly, the writ petitions are allowed with the following directions :
(i) Writ of Mandamus is issued directing the State and its authorities to consider the representations made by the petitioners in terms of the decisions referred to supra within 8 four months from the date of receipt of a copy of this order.
(ii) If representations are not made by the petitioners, they are given liberty to make detailed representations in this regard within one month from the date of receipt of a copy of this order. and if such representations are made, the State and its authorities shall consider and dispose of the same within three months from the date of receipt of such representations in the light of the decisions of this Court rendered in the aforesaid cases.
No order as to costs.
SD/-
JUDGE mgn/-