Ganeshappa S/O Govindappa Guled vs The Chief Secretary on 20 April, 2018

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Karnataka High Court

Ganeshappa S/O Govindappa Guled vs The Chief Secretary on 20 April, 2018

Bench: Krishna S.Dixit

             IN THE HIGH COURT OF KARNATAKA
                       DHARWAD BENCH

          DATED THIS THE 20 T H DAY OF APRIL 2018

                             BEFORE

         THE HON'BLE MR.JUSTICE KRISHNA S.DIXIT

     WRIT PETITION NOS.102821-102825 of 2018(S-RES)


BETWEEN:

1.     GANESHAPPA S/O GOVINDAPPA GULED
       AGED ABOUT: 42 YEARS,
       OCC: ASSISTANT TEACHER,
       R/O: ATAL BIHARI VAJAPAYEE
       RESID ENTIAL SCHOOL, BAAD,
       TQ: SHIGGAVI, DIST: HAVERI.

2.     NIRMALA BASAVARAJ RWADGI
       AGED ABOUT: 40 YEARS,
       OCC: ASSISTANT TEACHER,
       R/O: ATAL BIHARI VAJAPAYEE
       RESIDENTIAL SCHOOL, BAAD,
       TQ: SHIGGAVI, DIST: HAVERI.

3.     MALLAYYA S/O VEERAYYA INGLAHALLIMATH,
       AGED ABOUT: 43 YEARS,
       OCC: ASSISTANT TEACHER,
       R/O: ATAL BIHARI VAJAPAYEE
       RESID ENTIAL SCHOOL, BAAD,
       TQ: SHIGGAVI, DIST: HAVERI.

4.     VIJAYKUMAR S/O SHANKRAPPA KALE,
       AGED ABOUT: 40 YEARS,
       OCC: ASSISTANT TEACHER,
       R/O: ATAL BIHARI VAJAPAYEE
       RESIDENTIAL SCHOOL, BAAD,
       TQ: SHIGGAVI, DIST: HAVERI.
                                       2




5.    MADHAVRAO S/O SHIVAPPA KAMANAHALLI,
      AGED ABOUT: 42 YEARS,
      OCC: ASSISTANT TEACHER,
      R/O: ATAL BIHARI VAJAPAYEE
      RESIDENTIAL SCHOOL, BAAD,
      TQ: SHIGGAVI, DIST: HAVERI.
                                                        ... PETITIONERS
      (BY SRI.K.S.PATIL, ADVOCATE)

AND

1.    THE CHIEF SECRETARY
      TO THE GOVERNMENT OF KARNATAKA,
      VIDHANA SOUDHA,
      BENGALURU-01.

2.    THE PRINCIPAL SECRETARY
      DEPARTMENT OF FINANCE
      GOVERNMENT OF KARNATAKA,
      VIDHANA SOUDHA, BENGALURU-01.

3.    THE PRINCIPAL SECRETARY,
      DEPARTMENT OF SOCIAL WELFARE,
      VIDHANA SOUDHA, AMBEDKAR VEEDHI,
      BENGLAURU-01.

4.    THE EXECUTIVE DIRECTOR
      KARNATAKA RESIDENTIAL EDUCATINOAL
      INSTITUTIONS SOCIETY,
      NO.8, B-1, 6TH AND 7TH FLOOR,
      CUNNINGHAM ROAD,
      BENGALURU-560 052.
                                                       ... RESPONDENTS

      (BY SRI.ANTHONY RODRIGUES, AGA FOR R-1 TO 3)


      THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT    NOS.2   TO     4   TO   CONSIDER   THE REPRESENTATION
DATED:11.12.2017      VIDE       ANNEXURE-"A"    AND     DIRECT    THE
RESPONDENTS TO GRANT ONE ADDITIONAL INCREMENT TO THE
                                   3




PETITIONERS WITH EFFECT FROM 01.06.2016 ON PAR WITH TEACHERS
AND HEADMASTERS OF GOVT/AIDED HIGH SCHOOLS.


      THESE   PETITIONS    ARE   COMING    ON   FOR   PRELIMINARY
HEARING, THIS DAY THE COURT MADE THE FOLLOWING:-


                             ORDER

In these Writ Petitions the Petitioners have sought for a short and harmless prayer, namely a Writ of Mandamus to the Respondent-Authorities for consideration of their Representation dated 11.12.2017 at Annexure-A to the Writ Petitions.

2. Sri.Anthony Rodrigues the learned Additional Government Advocate takes notice for Respondent Nos.1, 2 and 3. Notice to Respondent No.4 is dispensed with since no prayer or grievance is made against the said Respondent.

3. The learned counsel for the Petitioners submits that, all these petitioners are the Members of Teaching Staff in the 4th Respondent-School; in view of law declared by the Apex Court and also this Court, the service benefits available to the Teachers of the Government School should ipso facto be made available to the Teachers of the aided schools also.

4. The counsel submits that, the 4th Respondent-School is run by the 3rd Respondent and therefore there is no reason to deny the service benefits that are made available to the Teachers of the Government Schools.

5. The learned counsel for the Petitioners takes me through the representation dated 11.12.2017 made to the 4th Respondent- School by the Association of the Petitioners requesting for the extension of certain service benefits namely additional increments as are made available to the Teachers of the Government School.

6. The counsel contends that, this representation has not been considered by the Respondent Nos.1 to 3 and that there is no justification for them to leave it unconsidered for an indefinite period of time.

7. In these circumstances a Writ of Mandamus issues to the Respondent Nos.1, 2 and 3 to consider the representation dated 11.12.2017 at Annexure-A to the Writ Petitions within a period of three months from the date a copy of this Order is made available. 5

8. Copy of this Order shall be sent to the Respondent No.4 by the Registry of this Court by Speed Post for consideration and needful action.

Sd/-

JUDGE Ckk

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