Karnataka High Court
Subhash R Reddy And Ors vs The State Of Karnataka By Its Principal ... on 29 October, 2015
Author: A.S.Bopanna
Bench: A.S. Bopanna
-1-
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2015
BEFORE
THE HON'BLE MR. JUSTICE A.S. BOPANNA
WRIT PETITION Nos.205543-205596 &
205673-205690/2015 (S-RES)
BETWEEN:
1. SUBHASH R REDDY
AGE:59 YEARS,
OCC:ASSOCIATE PROFESSOR, (ECONOMICS)
B V BHOOMARADDI ARTS, SCIENCE &
COMMERCE COLLEGE, BIDAR.
2. CHANDRAKANTH VITTAL RAO
AGE: 56 YEARS,
OCC:ASSOCIATE PROFESSOR, (COMMERCE)
B V BHOOMARADDI ARTS, SCIENCE
& COMMERCE COLLEGE, BIDAR.
3. SIDRAMAPPA VISHWANATH MASIMADE
AGE:55 YEARS,
OCC:ASSOCIATE PROFESSOR, (KANNADA)
B V BHOOMARADDI ARTS, SCIENCE &
COMMERCE COLLEGE, BIDAR.
4. BAPU MALLESHAPPA BIRADAR
AGE:55 YEARS,
OCC:ASSOCIATE PROFESSOR,(COMMERCE),
B V BHOOMARADDI ARTS, SCIENCE &
COMMERCE COLLEGE, BIDAR.
5. PANKAJ BASWANAPPA MUSTARE
AGE:53 YEARS,
OCC:ASSOCIATE PROFESSOR,
(ELECTRONICS) B V BHOOMARADDI ARTS,
-2-
SCIENCE & COMMERCE COLLEGE, BIDAR.
6. DR. MALLIKARJUN C PATIL
AGE: 54 YEARS,
OCC:ASSOCIATE PROFESSOR, (ELECTRONICS)
B V BHOOMARADDI ARTS, SCIENCE &
COMMERCE COLLEGE, BIDAR.
7. DR.G SHARANAPPA
AGE:54 YEARS,
OCC:ASSOCIATE PROFESSOR,(ELECTRONICS)
B V BHOOMARADDI ARTS, SCIENCE
& COMMERCE COLLEGE, BIDAR.
8. SMT.LATA S
AGE:52 YEARS,
OCC:ASSOCIATE PROFESSOR,(ELECTRONICS)
B V BHOOMARADDI ARTS, SCIENCE &
COMMERCE COLLEGE, BIDAR.
9. DR.SHARANAPPA SATNOOR
AGE:54 YEARS,
OCC:ASSOCIATE PROFESSOR,( ELECTRONICS)
B V BHOOMARADDI ARTS, SCIENCE &
COMMERCE COLLEGE, BIDAR.
10. SOMANATH PATIL
AGE:54 YEARS,
OCC:ASSOCIATE PROFESSOR,(COMMERCE)
B V BHOOMARADDI ARTS, SCIENCE &
COMMERCE COLLEGE, BIDAR.
11. ASHOK DONGARE
AGE:57 YEARS,
OCC:ASSOCIATE PROFESSOR, (KANNADA)
B V BHOOMARADDI ARTS, SCIENCE &
COMMERCE COLLEGE, BIDAR.
12. G VIJAYAKUMAR
AGE:58 YEARS,
OCC:ASSOCIATE PROFESSOR, (PHYSICS)
B V BHOOMARADDI ARTS, SCIENCE &
-3-
COMMERCE COLLEGE, BIDAR.
13. DR.P VITHAL REDDY
AGE:55 YEARS,
OCC:ASSOCIATE PROFESSOR, (CHEMISTRY)
B V BHOOMARADDI ARTS, SCIENCE &
COMMERCE COLLEGE, BIDAR.
14. V M CHANNASHETTY
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR,
(ZOOLOGY)
B V BHOOMARADDI ARTS, SCIENCE &
COMMERCE COLLEGE, BIDAR.
15. GANAPATI GAIKWAD
AGE: 56 YEARS,
OCC: ASSOCIATE PROFESSOR, (HINDI)
B V BHOOMARADDI ARTS, SCIENCE & COMMERCE
COLLEGE, BIDAR.
16. NAGANATH SARODE
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR, (PHYSICS)
B V BHOOMARADDI ARTS, SCIENCE &
COMMERCE COLLEGE, BIDAR.
17. ANILKUMAR ANDURE
AGE:55 YEARS,
OCC: ASSOCIATE PROFESSOR,
(CHEMISTRY)
B V BHOOMARADDI ARTS, SCIENCE &
COMMERCE COLLEGE, BIDAR.
18. SMT. SHRIDEVI B MASIMADE
AGE: 56 YEARS,
OCC: ASSOCIATE PROFESSOR,
(KANNADA)
B V BHOOMARADDI ARTS, SCIENCE &
COMMERCE COLLEGE, BIDAR.
-4-
19. KUMAR SHIVALINGAYYA SWAMY
AGE: 57 YEARS,
OCC: ASSOCIATE PROFESSOR,
(BOTANY)
B V BHOOMARADDI ARTS, SCIENCE &
COMMERCE COLLEGE, BIDAR.
20. DR. PARIJATHA JOHNSON
AGE: 57 YEARS,
OCC: PRINCIPAL & ASSOCIATE PROFESSOR,
(ECONOMICS)
METHODIST ARTS COLLEGE, MANGALPET,
BIDAR.
21. MRS. NAINA SAMUEL
AGE: 58 YEARS,
OCC: ASSOCIATE PROFESSOR,
(EUDCATION)
METHODIST ARTS COLLEGE, MANGALPET,
BIDAR.
22. MRS. FLORINA JAIKUMAR
AGE: 59 YEARS,
OCC: ASSOCIATE PROFESSOR,
(HISTORY)
METHODIST ARTS COLLEGE, MANGALPET,
BIDAR.
23. MRS. SUJATA
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR,
(SOCIOLOGY)
METHODIST ARTS COLLEGE, MANGALPET,
BIDAR.
24. DR. ARUNA S
AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR,
(KANNADA)
METHODIST ARTS COLLEGE, MANGALPET,
BIDAR.
-5-
25. PROF. D V KAMBLE
AGE: 57 YEARS,
OCC: PRINCIPAL & ASSOCIATE PROFESSOR,
(HINDI)
DR. B R AMBEDKAR FIRST GRADE COLLEGE,
HALLIKHED, TQ: HUMNABAD,
DIST: BIDAR.
26. DR. SYED GAFOOR
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR,
(HISTORY)
DR. B.R. AMBEDKAR FIRST GRADE COLLEGE,
HALLIKHED, TQ: HUMNABAD,
DIST BIDAR.
27. PROF. S B KULKARNI
AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR,
(ECONOMICS)
DR. B.R. AMBEDKAR FIRST GRADE COLLEGE,
HALLIKHED, TQ: HUMNABAD,
DIST BIDAR.
28. NAJEEM AHMED KAZI
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR,
(URDU)
DR. B.R. AMBEDKAR FIRST GRADE COLLEGE,
HALLIKHED, TQ: HUMNABAD,
DIST BIDAR.
29. PATIL GUNDERAO
AGE: 57 YEARS,
OCC: ASSOCIATE PROFESSOR,
(SOCIOLOGY)
DR. B.R. AMBEDKAR FIRST GRADE COLLEGE,
HALLIKHED, TQ: HUMNABAD,
DIST BIDAR.
30. DR. MOINUDDIN HASSANSAB YAKAPUR
AGE: 55 YEARS,
-6-
OCC: ASSOCIATE PROFESSOR,
(SOCIOLOGY)
DR. B.R. AMBEDKAR FIRST GRADE COLLEGE,
HALLIKHED, TQ: HUMNABAD,
DIST BIDAR.
31. B H KERAMAGI
AGE: 55 YEARS,
OCC: ASSOCIATE PROFESSOR,
(KANNADA)
DR. B.R. AMBEDKAR FIRST GRADE COLLEGE,
HALLIKHED, TQ: HUMNABAD,
DIST BIDAR.
32. G B NAIKODE
AGE: 50 YEARS,
OCC: ASSOCIATE PROFESSOR,
(HISTORY)
DR. B.R. AMBEDKAR FIRST GRADE COLLEGE,
HALLIKHED, TQ: HUMNABAD,
DIST BIDAR.
33. CHANDRAKANT DONDIBARAO JADHAV
AGE: 59 YEARS,
OCC: ASSOCIATE PROFESSOR,
(JADHAV)
DR. B.R. AMBEDKAR FIRST GRADE COLLEGE,
HALLIKHED, TQ: HUMNABAD,
DIST BIDAR.
34. SHIVARAJ BABSHETTY BHURE
AGE: 57 YEARS,
OCC: PHYSICAL DIRECTOR,
DR. B.R. AMBEDKAR FIRST GRADE COLLEGE,
HALLIKHED, TQ: HUMNABAD,
DIST BIDAR.
35. DR. D T ANGADI
AGE: 55 YEARS,
OCC: ASSOCIATE PROFESSOR,
(ENGLISH)
S S K BASAVESHWAR COLLEGE OF ARTS
-7-
& SCIENCE, BASAVAKALYAN,
DIST: BIDAR.
36. DHANARAJ SHARANAPPA PATIL
AGE: 56 YEARS,
OCC: ASSOCIATE PROFESSOR,
(EDUCATION)
S S K BASAVESHWAR COLLEGE OF ARTS &
SCIENCE, BASAVAKALYAN,
DIST: BIDAR
37. BASWANTRAO SHIVARAO PATIL
AGE: 58 YEARS,
OCC: ASSOCIATE PROFESSOR,
(MATHEMATICS)
S S K BASAVESHWAR COLLEGE
OF ARTS & SCIENCE, BASAVAKALYAN,
DIST: BIDAR.
38. SHANTKUMAR BABANGOL
AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR,
(CHEMISTRY)
S S K BASAVESHWAR COLLEGE
OF ARTS & SCIENCE, BASAVAKALYAN,
DIST: BIDAR.
39. RAJAPPA DHULAPPA BALIKILE
AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR,
(PHYSICS)
S S K BASAVESHWAR COLLEGE OF ARTS &
SCIENCE, BASAVAKALYAN
DIST: BIDAR.
40. VITHOBA GANAPATI
AGE: 42 YEARS,
OCC: ASSISTANT PROFESSOR,
(KANNADA)
S S K BASAVESHWAR COLLEGE OF
-8-
ARTS & SCIENCE, BASAVAKALYAN,
DIST: BIDAR.
41. DR. SHIVARAYA TIPPANNA SULEPETKAR
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR,
(ELECTRONICS)
S S K BASAVESHWAR COLLEGE,
OF ARTS & SCIENCE, BASAVAKALYAN,
DIST: BIDAR.
42. KSHEMLING SHIVALINGAPPA BIRADAR
AGE: 55 YEARS,
OCC: ASSOCIATE PROFESSOR,
(KANNADA)
S S K BASAVESHWAR COLLEGE OF ARTS
& SCIENCE, BASAVAKALYAN
DIST: BIDAR
43. SHANKAR GURUPADAPPA KARNE
AGE: 56 YEARS,
OCC: ASSOCIATE PROFESSOR,
(CHEMISTRY)
S S K BASAVESHWAR COLLEGE OF ARTS
& SCIENCE, BASAVAKALYAN
DIST: BIDAR.
44. DR. S R GHATAPANADI
AGE: 58 YEARS,
OCC: ASSOCIATE PROFESSOR,
(BOTANY)
S S K BASAVESHWAR COLLEGE OF
ARTS & SCIENCE, BASAVAKALYAN
DIST: BIDAR.
45. M NARAYANSWAMY
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR,
(SOCIOLOGY)
S S K BASAVESHWAR COLLEGE
OF ARTS & SCIENCE, BASAVAKALYAN
DIST: BIDAR.
-9-
46. MD. AHMED DADAPEER
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR,
(COMMERCE)
V C B E SOCIETY'S ARTS & COMMERCE COLLEGE,
LINGSUGUR, DIST: RAICHUR.
47. ASHOK VIRUPAXAPPA
AGE: 58 YEARS,
OCC: ASSOCIATE PROFESSOR,
(HINDI)
V C B E SOCIETY'S ARTS & COMMERCE COLLEGE,
LINGSUGUR, DIST: RAICHUR.
48. MALLIKARJUNA S PATIL
AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR,
(ENGLISH)
V C B E SOCIETY'S ARTS & COMMERCE COLLEGE,
LINGSUGUR, DIST: RAICHUR.
49. AMARESH B KUMBAR
AGE: 54 YEARS,
OCC: LIBRARIAN,
V C B E SOCIETY'S ARTS & COMMERCE COLLEGE,
LINGSUGUR, DIST: RAICHUR.
50. M CHANDRASHEKHAR PATIL
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR,
(ECONOMICS)
V C B E SOCIETY'S ARTS
& COMMERCE COLLEGE, LINGSUGUR,
DIST: RAICHUR.
51. P JAGADEESH
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR,
(ECONOMICS)
V C B E SOCIETY'S ARTS & COMMERCE COLLEGE,
LINGSUGUR, DIST: RAICHUR.
- 10 -
52. MAHADEV KRISHNEGOUDA PATIL
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR,
(COMMERCE)
V C B E SOCIETY'S ARTS & COMMERCE COLLEGE,
LINGSUGUR, DIST: RAICHUR.
53. G V KENCHAGUDDA
AGE: 55 YEARS,
OCC: ASSOCIATE PROFESSOR,
(KANNADA)
V C B E SOCIETY'S ARTS & COMMERCE COLLEGE,
LINGSUGUR, DIST: RAICHUR.
54. Y Y ILAGER
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR,
(COMMERCE)
V C B E SOCIETY'S ARTS & COMMERCE COLLEGE,
LINGSUGUR, DIST: RAICHUR.
55. DR. V V SALIMATH
AGE: 56 YEARS,
OCC: PRINCIPAL & ASSOCIATE PROFESSOR,
(KANNADA)
T S P MANDALI'S C M MANAGULI ARTS
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
56. SHRI. S B PAMPANNAVAR
AGE: 59 YEARS,
OCC: ASSOCIATE PROFESSOR
(POLITICAL SCIENCE)
T S P MANDALI'S C M MANAGULI ARTS
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
57. DR. A B SINDAGI
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR
(SOCIOLOGY)
T S P MANDALI'S C M MANAGULI ARTS
- 11 -
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
58. SHRI B A PATIL
AGE: 55 YEARS,
OCC: ASSOCIATE PROFESSOR
(ECONOMICS)
T S P MANDALI'S C M MANAGULI ARTS
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
59. SHRI B N PATIL
AGE: 55 YEARS,
OCC: ASSOCIATE PROFESSOR
(SOCIOLOGY)
T S P MANDALI'S C M MANAGULI ARTS
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
60. DR. J G JOSHI
AGE: 55 YEARS,
OCC: ASSOCIATE PROFESSOR
(KANNADA)
T S P MANDALI'S C M MANAGULI ARTS
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
61. SHRI. M S HOSAMANI
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR
(HISTORY)
T S P MANDALI'S C M MANAGULI ARTS
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
62. SHRI M G BIRADAR
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR,
(KANNADA)
T S P MANDALI'S C M MANAGULI ARTS
- 12 -
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
63. SHRI R N SHERIKAR
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR
(ECONOMICS)
T S P MANDALI'S C M MANAGULI ARTS
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
64. SHRI. B G MATH
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR
(HISTORY)
T S P MANDALI'S C M MANAGULI ARTS
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
65. SHRI V G INAMDAR
AGE: 56 YEARS,
OCC: ASSOCIATE PROFESSOR
(SOCIOLOGY)
T S P MANDALI'S C M MANAGULI ARTS
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
66. DR. S M LOKAPUR
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR
(KANNADA)
T S P MANDALI'S C M MANAGULI ARTS
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
67. DR. A M MANAGULI
AGE: 50 YEARS,
OCC: ASSOCIATE PROFESSOR (HISTORY)
T S P MANDALI'S C M MANAGULI ARTS
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
- 13 -
68. DR. B G PATIL
AGE: 50 YEARS,
OCC: ASSOCIATE PROFESSOR
(POLITICAL SCIENCE)
T S P MANDALI'S C M MANAGULI ARTS
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
69. SHRI S S PATIL
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR
(GEOGRAPHY)
T S P MANDALI'S C M MANAGULI ARTS
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
70. SHRI S A KERUTAGI
AGE: 49 YEARS,
OCC: ASSOCIATE PROFESSOR
(GEOGRAPHY)
T S P MANDALI'S C M MANAGULI ARTS
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
71. SHRI S M BIRADAR
AGE: 49 YEARS,
OCC: ASSOCIATE PROFESSOR
(GEOGRAPHY)
T S P MANDALI'S C M MANAGULI ARTS
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
72. SHRI S M KUMBAR
AGE: 55 YEARS,
OCC: ASSOCIATE PROFESSOR
(LIBRARY SCIENCE)
T S P MANDALI'S C M MANAGULI ARTS
& SCIENCE COLLEGE, SINDAGI,
DIST: VIJAYAPUR.
.... PETITIONERS
(BY SRI A.S. PATIL, ADVOCATE)
- 14 -
AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT
EDUCATION DEPARTMENT,
(HIGHER EDUCATION) M S BUILDING
BENGALURU-560001.
2. THE PRINCIPAL SECRETARY
TO GOVERNMENT
FINANCE DEPARTMENT,
GOVERNMENT OF KARNATAKA.
VIDHANA SOUDHA,
BENGALURU-560001.
3. THE COMMISSIONER FOR
COLLEGIATE EDUCATION,
IN KARNATAKA PALACE ROAD,
BENGALURU-560001.
4. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF HUMAN RESOURCE
DEVELOPMENT, DEPARTMENT OF HIGHER
EDUCATION, SHASTRI BHAVAN,
NEW DELHI-110001.
5. THE ACCOUNTANT GENERAL
IN KARNATAKA (A & E) PARK HOUSE,
BENGALURU.
.... RESPONDENTS
(BY SRI P. VILAS KUMAR, GOVT. ADV. FOR R1 TO R3 & R5,
SRI J.K. BUKKA, ASGI FOR R4)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER
ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO
PAY THE ARREARS OF SALARY AND OTHER EMOLUMENTS
WITH INTEREST AT THE RATE OF 12% PER ANNUM AND IN
- 15 -
ONE INSTALLMENT AS PER REVISED PAY SCALE TO THE
PETITIONERS TO WHICH THEY ARE ENTITLED FOR THE
PERIOD PERTAINING TO 01.01.2006 TO 23.12.2009 ON
PARTY GROUNDS IN THE LIGHT OF THE JUDGMENT
PASSED BY THE HON'BLE HIGH COURT OF KARNATAKA
DHARWAD BENCH IN W.P. NO.112957-113040/2014 & W.P.
NO.113041-113050/2014 DATED 05.02.2015 AS PER
ANNEXURE 'G' AND THE JUDGMENT PASSED BY THE
HON'BLE HIGH COURT OF KARANATAKA AT BENGALURU IN
W.P.NO.26573-26642/2015 DATED 31.07.2015 AS PER
ANNEXURE 'H'.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioners are before this Court seeking for issue of mandamus to direct the respondents to pay the salary arrears and emoluments in the manner as has been sought in the instant petitions.
2. Though several contentions have been urged, the details of the same need not be gone into since a learned Judge while considering similar petitions in the Dharwad Bench of this Court in W.P.Nos.112957-113040/2014 and W.P.Nos.113041-113050/2014, the consideration in
- 16 -
that regard has been made and the following order has been passed:
"(i) A writ of Mandamus is issued to the respondents 1 to 3 and 5 to pay arrears of salary and other emoluments as per revised pay sale to which the petitioners would be entitled to for the period 01.01.2006 to 23.12.2009 within three months from the date of receipt of copy of this order and on failure to make such payment petitioners would be entitled to interest @ 8% p.a.
(ii) It is needless to state that on the request made by the State Government after payment for releasing 80% of the contribution payable by the Central Government and on such request being received within three months thereof, the Central Government shall release the said amount as per the provisions of the scheme."
3. In that view, so far as the entitlement that is claimed in these petitions, if the petitioners are similarly placed as that of the petitioners in the above referred petitions, they would be entitled to a similar relief. Hence a direction is issued to the respondents to take
- 17 -
note of the claim of the petitioners herein and if the petitioners herein are similarly placed as that of the petitioners in the above referred writ petitions, the order as has been extracted above and granted in favour of the petitioners therein shall also be implemented in so far as the petitioners herein are concerned. The implementation of the order shall be made within three months from the date of receipt of a copy of this order. While considering, in appropriate facts the respondents shall also keep in view the order dated 31.07.2015 passed in W.P.Nos.26573-26642/2015.
Sd/-
JUDGE swk