Karnataka High Court
Kashivishwanath M Shettar vs The State Of Karnataka on 27 January, 2014
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 27TH DAY OF JANUARY, 2014
BEFORE
THE HON'BLE MR.JUSTICE B.SREENIVASE GOWDA
W.P.Nos.100857-100909 OF 2014 (S-RES.)
Between:
1. KASHIVISHWANATH M SHETTAR
S/O. MALLAPPA
AGE: 54 YEARS,
WORKING AS PRINCIPAL
SRI SHAKAMBARI PRE UNIVERSITY
COLLEGE, AT & POST: KAMATAGI
TQ:HUNAGUND
DIST: BAGALKOT
2. MAHADEVAPPA R GOUDAR
S/O. RANGANA GOUDA
AGE: 54 YEARS,
WORKING AS LECTURER
SRI SHAKAMBARI PRE UNIVERSITY COLLEGE, AT &
POST: KAMATAGI TQ:HUNAGUND DIST: BAGALKOT
3. VINAYAK K PATIL
S/O. KRISHNAGOUDA
AGE: 53 YEARS,
WORKING AS PHYSICAL DIRECTOR
SRI SHAKAMBARI PRE UNIVERSITY COLLEGE, AT &
POST: KAMATAGI TQ:HUNAGUND DIST: BAGALKOT
2
4. RAMACHANDRA P NATIKAR
S/O. PEERAPPA
AGE: 54 YEARS,
WORKING AS SDA CUM TYPIST
SRI SHAKAMBARI PRE UNIVERSITY COLLEGE, AT &
POST: KAMATAGI TQ:HUNAGUND DIST: BAGALKOT
5. BHEEMAPPA SIDDAPPA KENGAR
S/O. SIDDAPPA
AGE: 53 YEARS,
WORKING AS PEON
SRI SHAKAMBARI PRE UNIVERSITY COLLEGE, AT &
POST: KAMATAGI TQ:HUNAGUND DIST: BAGALKOT
6. MALLIKARJUN RAMANNA KADLIMATTI
S/O. RAMANNA
AGE: 51 YEARS,
WORKING AS LECTURER
SRI SHAKAMBARI PRE UNIVERSITY COLLEGE, AT &
POST: KAMATAGI TQ:HUNAGUND DIST: BAGALKOT
7. MAHANTAPPA SHIVAPPA BELAGAL
S/O. SHIVAPPA
AGE: 41 YEARS,
WORKING AS PEON
SRI SHAKAMBARI PRE UNIVERSITY COLLEGE, AT &
POST: KAMATAGI TQ:HUNAGUND DIST: BAGALKOT
8. SHIVANAND PUNALEEKAPPA KUMBALAWATI
S/O. PUNDALEEKAPPA
AGE: 47 YEARS
WORKING AS ATTENDER
SHRI SHAKAMBARI PRE UNIVERSITY COLLEGE, AT
& POST: KAMATAGI, TQ: HUNAGUND
DIST: BAGALKOT
3
9. BASAPPA KUBAKADDI
S/O. SHIVAPPA KUBAKADDI
AGE: 58 YEARS
WORKING AS PRINCIPAL
SRI RAMALINGESWARA PRE UNIVERSITY
COLLEGE,
KUNDARAGI - 587 214, TQ: BILAGI
DIST: BAGALKOT
10. SHIVANAND A HIREMATH
S/O. ANDANAYYA HIREMATH
AGE: 54 YEARS
WORKING AS LECTURER IN COMMERCE
SRI RAMALINGESWARA PRE UNIVERSITY
COLLEGE,
KUNDARAGI - 587 214, TQ: BILAGI
DIST: BAGALKOT
11. PANCHAPPA B MARANUR
S/O. BASHETTEPPA B MARANUR
AGE: 58 YEARS
WORKING AS SENIOR LECTURER
SRI RAMALINGESWARA PRE UNIVERSITY
COLLEGE,
KUNDARAGI - 587 214, TQ: BILAGI
DIST: BAGALKOT
12. PANCHAXARI M HIREMATH
S/O. MAHANTAYYA HIREMATH
AGE: 52 YEARS
WORKING AS LECTURER
SRI RAMALINGESWARA PRE UNIVERSITY
COLLEGE,
KUNDARAGI - 587 214, TQ: BILAGI
DIST: BAGALKOT
4
13. PRAKASH BHIMAPPA MALI
S/O. BHIMAPPA BASAPPA MALI
AGE: 51 YEARS
WORKING AS LECTURER IN ENGLISH
SRI RAMALINGESWARA PRE UNIVERSITY
COLLEGE,
KUNDARAGI - 587 214, TQ: BILAGI
DIST: BAGALKOT
14. VENKAPPA LAXMAPPA HULAKUND
S/O. LAXMAPPA RAMAPPA HULAKUND
AGE: 50 YEARS
WORKING AS LECTURER IN POLITICAL SCIENCE
SRI RAMALINGESWARA PRE UNIVERSITY
COLLEGE,
KUNDARAGI - 587 214, TQ: BILAGI
DIST: BAGALKOT
15. RAMANNA NIMBANNA NERKI
S/O. NIMBANNA SIDDAPPA NERKI,
AGE: 48 YEARS
WORKING AS LIBRARIAN
SRI RAMALINGESWARA PRE UNIVERSITY
COLLEGE,
KUNARAGI, TQ: BILAGI
DIST: BAGALKOT
16. DURAGAPPA TALAGERI
S/O. KENCHAPPA TALAGERI
AGE: 47 YEARS
WORKING AS SDA
SRI RAMALINGESWARA PRE UNIVERSITY
COLLEGE,
KUNARAGI, TQ: BILAGI
DIST: BAGALKOT
5
17. MUTTAPPA L KHAJJIDONI
S/O. LANKEPPA
AGE: 44 YEARS
WORKING AS PRINCIPAL
B SHANKARANANAD ARTS COLLEGE
KUDACHI,
TQ: RAIBAG
DIST: BELGAUM
18. JAGADISH DODDAMANI S/O. SIDDAPPA
AGE: 52 YEARS
WORKING AS LIBRARIAN
B SHANKARANANAD ARTS COLLEGE
KUDACHI,
TQ: RAIBAG
DIST: BELGAUM
19. SADASHIV MASODAGE S/O. LAXMAN
AGE: 47 YEARS
WORKING AS OFICE SUPERINTENDENT
B SHANKARANANAD ARTS COLLEGE
KUDACHI,
TQ: RAIBAG
DIST: BELGAUM
20. ISHWAR SHINGE S/O.YALLAPPA
AGE: 42 YEARS
WORKING AS FDA
B SHANKARANANAD ARTS COLLEGE
KUDACHI,
TQ: RAIBAG
DIST: BELGAUM
21. SUBASH GHATTENNAVAR S/O. NAGAPPA
AGE: 54 YEARS
WORKING AS ATTENDER
B SHANKARANANAD ARTS COLLEGE
6
KUDACHI,
TQ: RAIBAG
DIST: BELGAUM
22. DR SUREKHA BELAGALI S/O. ASHOK
AGE: 40 YEARS
WORKING AS ASSISTANT PROFFESSOR
B SHANKARANANAD ARTS COLLEGE
KUDACHI,
TQ: RAIBAG
DIST: BELGAUM
23. ASHOK KAMBLE S/O. SANGAPPA
AGE: 44 YEARS
WORKING AS ASSISTANT PROFESSOR
B SHANKARANANAD ARTS COLLEGE
KUDACHI,
TQ: RAIBAG
DIST: BELGAUM
24. ATMARAM MANJARE S/O. TUKARAM
AGE: 40 YEARS
WORKING AS ATTENDER
B SHANKARANANAD ARTS COLLEGE
KUDACHI,
TQ: RAIBAG
DIST: BELGAUM
25. BABASAHEB GHATAGE S/O. BHIMARAO
AGE: 38 YEARS
WORKING AS PEON
B SHANKARANANAD ARTS COLLEGE
KUDACHI,
TQ: RAIBAG
DIST: BELGAUM
7
26. DR. MAHAMMADIBAL JARMAN S/O.IBRAHEEM
AGE: 41 YEARS
WORKING AS ASSISTANT PROFESSOR
B SHANKARANANAD ARTS COLLEGE
KUDACHI,
TQ: RAIBAG
DIST: BELGAUM
27. DR. SHASHIKANT KALLOLAKAR S/O. BHIMAPPA
AGE: 41 YEARS
WORKING AS ASSISTANT PROFESSOR
B SHANKARANANAD ARTS COLLEGE
KUDACHI,
TQ: RAIBAG
DIST: BELGAUM
28. VISHWANATH WAWARE S/O. SHIVALING
AGE: 40 YEARS
WORKING AS SENIOR GRADE TYPIST
B SHANKARANANAD ARTS COLLEGE
KUDACHI,
TQ: RAIBAG
DIST: BELGAUM
29. RAMARADDI HANAMARADDI BELAHUNASHI
S/O. HANAMARADDI BELAHUNASHI
AGE: 59 YEARS
WORKING AS PRINCIPAL
S Y V INDEPENDENT P U COLLEGE
BELLATTI,
TQ: SHIRAHATTI
DIST: GADAG
30. GULAMRASUL MOHAMMEDSAB NASHIPUDI
AGE: 56 YEARS
WORKING AS LIBRARIAN CUM SDA
ABDULKALAM COMPOSITE JUNIOR COLLEGE,
8
NEAR BUS STAND, GOKAK
DIST: BELGAUM
31. HEBBALAPPA DEVANNAVAR S/O.PANDAPPA
AGE: 42 YEARS
WORKING AS PEON
SRI REVANSIDDESHWAR PU COLLEGE
HOSKOTI, TQ: RAMDURG
DIST: BELGAUM
32. JOTEPPA VISWANATH S/O. KASHAPPA
AGE: 54 YEARS
WORKING AS LECTURER
S C S V M PRE UNIVERSITY COLLEGE, SANDUR,
DIST: BELLARY
33. MALLAPPA KUNCHUR S/O. ISHAPPA KUNCHUR
AGE: 44 YEARS
WORKING AS LAB ATTENDER
SRI YOGI VEMAN INDEPENDENT P U COLLEGE,
BELLATTI
TQ: SHIRAHATTI, DIST: GADAG
34. GANGAPPA ALLAPPA KARKI
AGE: 54 YEARS,
WORKING AS SDA
S P J G COMPOSITE P U COLLEGE
MUNAVALLI
TQ: SAUNDATTI
DIST: BELGAUM
35. BHARAMAPPA PATAT S/O. KAREPPA
AGE: 50 YEARS,
WORKING AS SDA
S P J G COMPOSITE P U COLLEGE
MUNAVALLI
TQ: SAUNDATTI
9
DIST: BELGAUM
36. CHANDRAKANT K SULAKHE
S/O. KRISHNAJI SULAKHE,
AGE: 53 YEARS,
WORKING AS PEON
S P J G COMPOSITE P U COLLEGE
MUNAVALLI
TQ: SAUNDATTI
DIST: BELGAUM
37. SUBBU GANAPATI BHAT
S/O. GANAPATI BHAT, AGE: 53 YEARS,
WORKING AS PRINCIPAL
SRI SUBRAHMANYA COMPOSITE
PRE UNIVERSITY COLLEGE
KAVALAKKI, TQ:HONNAVAR,
DIST:UK
38. RAMACHANDRA SUBRAYA HEGDE
S/O. SUBRAYA HEGDE, AGE: 53 YEARS,
WORKING AS LECTURER
SRI SUBRAHMANYA COMPOSITE
PRE UNIVERSITY COLLEGE
KAVALAKKI, TQ:HONNAVAR,
DIST:UK
39. VASUDEV ISHWAR NAIK S/O. ISHWAR SUBRAY
NAIK,
AGE: 51 YEARS,
WORKING AS LECTURER IN GEOLOGY
SRI SUBRAHMANYA COMPOSITE
PRE UNIVERSITY COLLEGE
KAVALAKKI, TQ:HONNAVAR,
DIST:UK
10
40. KRISHNA SHANKAR HEGDE
S/O. SHANKAR HEGDE
AGE: 52 YEARS,
WORKING AS LECTURER IN ECONOMICS
SRI SUBRAHMANYA COMPOSITE PRE UNIVERSITY
COLLEGE KAVALAKKI, TQ:HONNAVAR, DIST:UK
41. NEELAKANTHAYYA YARAGABBALIMATH
S/O. CHANDRASHEKARSWAMI
AGE: 50 YEARS,
WORKING AS PRINCIPAL
VRMS COMPOSITE P U COLLEGE
BELAWADI, TQ:BAILHONGAL
DIST: BELGAUM
42. BALAPPA ASUNDI S/O. BHEEMAPPA
AGE: 57 YEARS,
WORKING AS LECTURER
VRMS COMPOSITE P U COLLEGE
BELAWADI, TQ:BAILHONGAL
DIST: BELGAUM
43. BALAPPA KOTABAGI S/O.KALLAPPA
AGE: 54 YEARS,
WORKING AS LECTURER
VRMS COMPOSITE P U COLLEGE
BELAWADI, TQ:BAILHONGAL
DIST: BELGAUM
44. BASAVARAJ BATANAVAR S/O.FAKIRAPPA
AGE: 51 YEARS,
WORKING AS LECTURER
VRMS COMPOSITE P U COLLEGE
BELAWADI, TQ:BAILHONGAL
DIST: BELGAUM
11
45. BALAPPA MANGALAGATTI
S/O. GANGAPPA
AGE: 56 YEARS,
WORKING AS SDA
VRMS COMPOSITE P U COLLEGE
BELAWADI, TQ:BAILHONGAL
DIST: BELGAUM
46. BALAPPA SHEELAVANTAR S/O. SANGAPPA
S/O. SANGAPPA
AGE: 51 YEARS,
WORKING AS CLERK CUM TYPIST
VRMS COMPOSITE P U COLLEGE
BELAWADI, TQ:BAILHONGAL
DIST: BELGAUM
47. SHANKARGOUDA PATIL
S/O. MALAKAJAGOUDA
AGE: 47 YEARS,
WORKING AS ATTENDER
VRMS COMPOSITE P U COLLEGE
BELAWADI, TQ:BAILHONGAL
DIST: BELGAUM
48. DUNDAPPA KALYAN S/O. DUNDAPPA
AGE: 58 YEARS,
WORKING AS PEON
VRMS COMPOSITE P U COLLEGE
BELAWADI, TQ:BAILHONGAL
DIST: BELGAUM
49. HANAMANT GURAV S/O.KALLAPPA GURAV
AGE: 52 YEARS,
WORKING AS LECTURER IN KANNADA
RAJARAJESHWARI COMPOSITE P U COLLEGE,
RANEBENNUR
12
DIST:HAVERI
50. FAKIRAPPA GUDIKATTI S/O.NINGAPPA
AGE: 51 YEARS,
WORKING AS PRINCIPAL
RAJARAJESHWARI COMPOSITE P U COLLEGE,
RANEBENNUR
DIST:HAVERI
51. RAMALAINGAPPA D R S/O. RANGANAYAKA
AGE: 58 YEARS,
WORKING AS LECTURER
RAJARAJESHWARI COMPOSITE P U COLLEGE,
RANEBENNUR
DIST:HAVERI
52. SHRIDHAR GAJANAN BHAT
AGE: 42 YEARS,
WORKING AS LECTURER IN ECONOMICS
S K P PRE UNIVERSITY COLLEGE
SALKOD, P O AREANGADI
TQ:HONNAVAR, DIST: U K
53. NARAYAN KALLUR S/O. MANAPPA
AGE: 57 YEARS,
WORKING AS PEON
VISHWA BHARATI P U COLLEGE
RAMDURG, DIST: BELGAUM
... PETITIONERS
(By Sri. R.PADMANABHA & KESHAVA S P, ADVOCATES.)
AND
13
1. THE STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
M S BUILDING,
BANGALORE
2. THE STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY II, DEPARTMENT
OF EDUCATION
M S BUILDING,
BANGALORE
3. THE DIRECTORATE OF COLLEGIATE EDUCATION
PALACE ROAD,
BANGALORE
4. THE JOINT DIRECTOR OF COLLEGIATE
EDUCATION
REGIONAL OFFICE
DEPARTMENT OF COLLEGIATE EDUCATION,
DHARWAD
5. THE DIRECTOR FOR PRE UNIVERSITY EDUCATION
18TH CROSS, SAMPIGE ROAD
MALLESHWARAM
BANGALORE
6. THE DEPUTY DIRECTOR
FOR PRE UNIVERSITY EDUCATION
BAGALKOT DISTRICT,
BAGALKOT
7. THE DEPUTY DIRECTOR
FOR PRE UNIVERSITY EDUCATION
BELGAUM DISTRICT,
BELGAUM
14
8. THE DEPUTY DIRECTOR FOR
FOR PRE UNIVERSITY EDUCATION
BELLARY DISTRICT,
BELLARY
9. THE DEPUTY DIRECTOR
FOR PRE UNIVERSITY EDUCATION
GADAG DISTRICT,
GADAG
10. THE DEPUTY DIRECTOR
FOR PRE UNIVERSITY EDUCATION
UTTARA KANADA DISTRICT,
KARWAR
11. THE DEPUTY DIRECTOR
FOR PRE UNIVERSITY EDUCATION HAVERI
DISTRICT, HAVERI
... RESPONDENTS
(By Sri.VINAYAK S.KULKARNI, HCGP FOR
RESPONDENTS.)
THESE WPS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:
DIRECT THE RESPONDENTS TO RECKON AND
COUNT THE PAST SERVICE RENDERED BY THE
PETITIONERS FROM THE DATE OF THEIR INITIAL
APPOINTMENTS UPTO THE DATE OF APPROVAL OF
THEIR APPOINTMENT WITH AID RESPECTIVELY FOR
THE PURPOSE OF FIXATION OF PAY SCALE, SENIORITY,
INCREMENTS INCLUDING TBA, PENSIONARY BENEFITS
AND OTHER CONSEQUENTIAL SERVICE BENEFITS
FLOWING THEREOF BY DISPOSING THE PRESENT
PETITIONS IN TERMS OF THE ORDER OF THIS HON'BLE
15
COURT MADE IN W.P.NO.37250-37254/2010 DATED
02.12.2010, W.P.NO.66892-66910/2011 DTD.19.10.2011
AND W.P.NO.25447/2010 DISPOSED OF BY ORDER
DTD.16.08.2010 WHICH IS AFFIRMED BY THE DIVISION
BENCH OF THIS HON'BLE COURT IN WRIT APPEAL
NO.4788/2010 DTD.22.09.2011 AND HON'BLE
SUPREME COURT IN SLP (CIVIL) CC 7365/2012
DTD.02.07.2012 AND SLP (C)22176-22186/2010 AND
CONNECTED WITH SLP (C) NO. 14870-15136/2012
DISPOSED OF ON 21.08.2013 VIDE ANNEXURE-Z44,
Z45, Z46, Z47, Z48 AND 49.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING, THIS DAY, THE COURT MADE
THE FOLLOWING :
ORDER
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.
2. The petitioners in these petitions who belong to teaching and non-teaching staff of Educational 16 Institutions run by Private Managements 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.
3. 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 KARNATAKA AND OTHERS vs. NAGEGOWDA AND OTHERS.17
(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.
4. Learned High Court Government Pleader for the State does not dispute the said fact.
5. The submissions made by the learned Counsel for the parties are placed on record.
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 four months from the date of receipt of a copy of this order.18
(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/-