Karnataka High Court
Sri S D Vastrad S/O Danayya vs State Of Karnataka on 20 June, 2013
Author: Dilip B.Bhosale
Bench: Dilip B Bhosale
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20th DAY OF JUNE 2013
BEFORE
THE HON'BLE MR. JUSTICE DILIP B BHOSALE
W.P.NO.19682/2013(S-RES)
BETWEEN
SRI S D VASTRAD
S/O DANAYYA
AGED 50 YEARS
OCC: LECTURER
MMN COLLEGE CHITRADURGA
NOW ON DEPUTATION AT
GOVERNMENT FIRST GRADE COLLEGE
DAVANAGERE AND HARIHARA ... PETITIONER
(BY SRI P A KULKARNI, ADV.,)
AND
1. STATE OF KARNATAKA
TO BE REPRESENTED BY ITS PRINCIPAL SECRETARY
HIGHER EDUCATION
M S BUILDINGS
BANGALORE 560 001
2. COMMISSIONER OF COLLEGIATE EDUCATION
PALACE ROAD,
BANGALORE 560 001
3. JOINT DIRECTOR OF COLLEGIATE EDUCATION
JAIL ROAD, SHIMOGA 577 201
4. THE DISTRICT MADAKARI NAYAKA VIDYA SAMSTE
REP BY ITS SECRETARY
KAMANABHAVI EXTENSION
CHITRADURGA 577 501
2
5. PRINCIPAL
MAHARAJA MADAKARI NAYAKA FIRST GRADE COLLEGE
CHITRADURGA 577 501 ... RESPONDENTS
(BY SRI RAGHAVENDRA G GAYATHRI, AGA FOR R1 TO R3, SRI K NAGESHWARAPPA, ADV., FOR R4 & R5) THIS W.P. FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS 4 AND 5 TO SUBMIT THE PAY BILL OF THE PETITIONER IN RESPECT OF THE PERIOD FROM 24.8.1994 TO 15.1.2001 FORTHWITH TO THE GOVERNMENT WITH A FURTHER DIRECTION TO THE RESPONDENTS 1 TO 3 TO CAUSE RELEASE OF THE PAY OF THE PETITIONER IN RESPECT OF THE PERIOD IN QUESTION WITHOUT ANY FURTHER DELAY ETC., THIS W.P. COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
PC:
Heard learned counsel for the parties.
2. The petitioner, in the present writ petition seeks the following relief:
"Issue a writ in the nature of mandamus or any other writ/order or direction directing respondents-4 and 5 to submit the pay bill of the petition in respect of the period from 24.8.1994 to 15.1.2001 forthwith to the Government with a further direction to the respondents 1 to 3 to cause release of the pay of the petitioner in respect of the period in question with a further direction to the respondents-1 to 3 to cause release of the pay of the petitioner in respect of the period in question without any further delay."3
3. There is no dispute that the Principal Secretary, Education Department, Government of Karnataka, under the provisions of 131 of the Karnataka Education Department Act, 1983 (for short 'the Act'), had directed the Management to make a payment of full salary to the petitioner for the period from 24.8.1994 till 15.1.2001 and consequential benefits. That order was challenged by the Management by way of a writ petition bearing Writ Petition No.9515/2006 and the petition was dismissed for default. In this view of the matter, respondent No.5-Management must comply the direction issued in the statutory appeal/petition filed by the petitioner under Section 131 of the Act. If the Management is entitled for grants for making payment of full salary as per the order passed by the Principal Secretary, dated 24.4.2006, it is open for them to approach the Government for releasing the grants. However, in any case, they cannot withhold payment to be made to the petitioner on the basis of the order dated 24.4.2006. Moreover, it cannot be overlooked that a 4 primary responsibility to pay salary is of the management. The Management, is therefore, directed to make the payment as per the order dated 24.4.2006 as expeditiously as possible and in any case within a period of four months from today.
Learned counsel for the respondent-Management is directed to communicate this order to the respondent- Management within a period of two weeks from today.
With these observations, the writ petition is disposed of.
Sd/-
JUDGE TL