Karnataka High Court
Smt Lalitha R K vs State Of Karnataka on 9 April, 2018
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF APRIL, 2018
BEFORE
THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA
WRIT PETITION NOs.50689-50738/2017 [S-RES]
BETWEEN:
1. SMT LALITHA R K
W/O R K BALAJI,
AGED 53 YEARS
R/AT NO.81,1ST CROSS
2ND MAIN,BHUVANESHWARI NAGAR
BANGALORE-560 056
2. SRI PRAKASH
S/O LATE A D HALAPPA
AGED 53 YEARS
YELLE BETHUR POST
DAVANAGERE DISTRICT
DAVANAGERE
3. SRI SIDDAIAH K R
S/O LATE RAMAIAH
AGED 48 YEARS
KOLLEGALA POST
DODDABELAHONGLA HOBLI
DODDABALLAPURA TALUK
BANGALORE RURAL DISTRICT
4. SMT MANGALAMMA
S/O LATE KARIYAIAH
AGED 50 YEARS
R/AT 17/H,1ST MAIN
1ST CROSS, MARENAHALLI
VIJAYANAGAR, BANGALORE-560 040
2
5. SRI RAMA MURTY K M
S/O LATE MANCHAIAH
AGED 53 YEARS
P.V.P. POLYTECHNIC
DR AIT CAMPUS
MALLATHAHALLI,VIJAYANAGAR
BANGALORE-560 056
6. SMT KUMUDA
D/O LATE RAMESH
AGED 42 YEARS
NO.320,HENNUR MAIN ROAD
LIGARAJAPURAM
KARIYANNA PALLYA
NEAR ANJENAYA TEMPLE
BANGALORE-560 084.
7. SRI VENKATESH
S/O LATE KARIYAIAH
AGED 54 YEARS
SHETTIHALLI VILLAGE AND POST
CHANNAPATNA TALUK
MALLURU HOBLI
RAMANAGARA DISTRICT.
8. SRI BORAIAH B
S/O LATE SIDDAIAH
AGED 55 YEARS
SIDDARTHNAGAR, 4TH CROSS
MADDUR TOWN, MANDYA DISTRICT.
9. SRI CHIKKANNA G
S/O LATE GANGAPPA
AGED 37 YEARS
NO.497,5TH CROSS, 5TH MAIN
RAJAGOPALNAGAR,PEENYA II STAGE
BANGALORE-560 058
10. SRI BABU N
S/O NARASIMHAIAH
3
AGED 48 YEARS
R/A 100,9TH MAIN
MARIYAPPANA PALYA
BANGALORE-560 021.
11. SRI NAGARAJA M
S/O NAGARAJU M, AGED 52 YEARS
R/A 62,4TH CROSS, MALLATHAHALLI
BANGALORE-560 056.
12. SRI MANJUNATH Y N
S/O MUTTAIAH, AGED 50 YEARS
P.V.P POLYTECHNIC, DR AIT CAMPUS,
MALLATHAHALLI, VIJAYANAGAR
BANGALORE-560 056.
13. SRI CHANDRASHEKAR
S/O LATE DURGAPPA, AGED 47 YEARS
NO.17,2ND MAIN,4TH CROSS
HOSAHALLI COLONY, BANGALORE-560 040.
14. SRI RANGAPPA
S/O M THIRUMALAIAH, AGED 43 YEARS
NO.327,4TH A MAIN, 5TH CROSS
WEST OF CHORD ROAD,
INDUSTRIAL TOWN, RAJAJINAGAR
BANGALORE-560 010.
15. SRI MUNISWAMAPPA
S/O LATE CHANNAPPA, AGED 53 YEARS
P.V.P.POLYTECHNIC, DR AIT CAMPUS
MALLATHAHALLI, VIJAYANAGAR
BANGALORE-560 056.
16. SRI YOGANANDA
S/O BOACHAIAH, AGED 42 YEARS
RANGAMANGANA PALLYA
HUTHRI DURGA HOBLI
KUNIGAL TALUK, TUMKUR DISTRICT.
4
17. SRI KHAJA HUSSAIN K
S/O K ABDUL WAHAB SAB, AGED 46 YEARS
P.V.P.POLYTECHNIC, DR AIT CAMPUS
MALLATHAHALLI, VIJAYANAGAR
BANGALORE-560 056.
18. MOHAN RAJ K
S/O LATE KARIYAPPA, AGED 41 YEARS
DODDIPALYA, BACHENAHATTI POST
MAGADI TALUK
RAMANAGARA DISTRICT.
19. H D SRINIVASAMURTHY
S/O DASU H K, AGED 44 YEARS
NO.318/2,1ST F CROSS, NEAR BUNTS
RPC LAYOUT, VIJAYANAGAR
BANGALORE-560 072.
20. SRI REVANNA SIDDAPPA
S/O MUSTEPPA, AGED 42 YEARS
NO.123,7TH BLOCK, MYTHRI NAGAR
VISHWESHWARAIAH LAYOUT
NEAR RTO OFFICE, BANGALORE-560072.
21. SRI SRINIVASA MURTHY K V
S/O VENKATAGIRIYAPPA K V
AGED 51 YEARS, NO.16
13TH A MAIN ROAD,18TH CROSS
MALLESHWARAM, BANGALORE-560 055.
22. SRI BASAVARAJ S CHALAWADI
S/O SHIVALINGAPPA, AGED 50 YEARS
NO.3, 3RD MAIN, 6TH CROSS,
SUBBANNA GARDEN, VIJAYANAGAR,
BANGALORE-560 040
23. SRI SHANKARAMURTHY
S/O B GOPALASWAMY, AGED 55 YEARS
NO.1658,2ND CROSS, VIDYANAGAR
MANDYA.
5
24. SRI GANGADHAR J B
S/O BORIAH, AGED 50 YEARS
NO.34,4TH A CROSS, PREETHU NAGAR
NEAR DURGAMMA TEMPLE
LAGGERE, BANGALORE-560 058.
25. SRI M R RAGHU
S/O RAMACHANDRAIAH, AGED 43 YEARS
SRI RAMA NILAYA
PAMPA MAHAKAVI ROAD
BEHIND RAGHAVENDRA MUTT
NEAR SHETTIHALLI GATE, TUMKUR.
26. SRI RAMESH S
S/O SIDDAIAH, AGED 42 YEARS
R/AT 115/1,4TH CROSS, N.K.FORUM
DUBASIPALYA,NEAR R.V.COLLEGE
KENGERI, BANGALORE-560 059.
27. SRI BASAVARAJ G
S/O G KUMARASWAMY, AGED 36 YEARS
P.V.P.POLYTECHNIC, DR AIT CAMPUS
MALLATHAHALLI,VIJAYANAGAR
BANGALORE-560056.
28. SRI MANJUNATH H
S/O HANUMANTHAIAH, AGED 40 YEARS
NO.U46,6TH MAIN, VYALIKAVAL
RAJ MAHAL, GUTTAHALLI
BANGALORE-560 003.
29. SRI J D MAHESH
S/O LATE DASAPPA J B, AGED 40 YEARS
NO.565, BALAGANGADHAR NAGAR,
OPP DR. AIT KENGUTE
MALLATHAHALLI, BANGALORE -560 056
30. RAMANNA G R
S/O REVANNA, AGED 42 YEARS
NO.200, KEBBAHALLI
6
RAJEEV GANDHI NAGAR
VISHWANEEDAM POST, SUNKADAKATTE
BANGALORE-560 091.
31. NARAYANA M
S/O MUNIYAPPA M, AGED 43 YEARS
NO.104,1ST MAIN, MALLATHAHALLI
BANGALORE-560 056
32. SRI CHIKKA BORAIAH
S/O MUGURU SIDDAIAH
P.V.P.POLYTECHNIC, DR AIT CAMPUS
MALLATHAHALLI, VIJAYANAGAR
BANGALORE-560 056.
33. SRI KEMPAIAH
S/O BILLAIAH, AGED 43 YEARS
P.V.P.POLYTECHNIC, DR AIT CAMPUS
MALLATHAHALLI, VIJAYANAGAR
BANGALORE-560 056
34. JAYARAM DOLE
S/O SAGRAM DOLE, AGED 43 YEARS
NO.1639,1ST FLOOR, 14TH CROSS
1ST STAGE, II PHASE, CHANDRA LAYOUT
BANGALORE-560 072.
35. S NINGAMANJAPPA
AGED 51 YEARS
NWC 297/A,GANESHA COLONY,
NEW TOWN,BHADRAVATHI-577 301.
36. SRI PARASHIVAMURTHY
S/O SIDDAIAH, AGED 48 YEARS
P.V.P.POLYTECHNIC, DR AIT CAMPUS
MALLATHAHALLI, VIJAYANAGAR,
BANGALORE-560 056.
37. MENAKA H V
W/O NATESH H R , AGED 42 YEARS
7
NO.2123, KALYANI 6TH D CROSS
1ST B CROSS, KENGERI SATELLITE TOWN
BANGALORE.
38. EKANATHA T
S/O THIMMERAMAPPA, AGED 42 YEARS
NO.14 AND 15, 1ST CROSS,
MUNESHWARA LAYOUT,
GIDADA KONEHALLI, MAREGOWDA CIRCLE,
KENGERI, BANGALORE.
39. SRI TEJOMURTHY
S/O NAGAIAH, AGED 50 YEARS
NO.110, DREAM HOUSE APARTMENT
NEAR KRISHNAPRIYA KALYANA MANTAPA
UTTARAHALLI MAIN ROAD
KENGERI, BANGALORE.
40. SRI MAHESH CHANDRA
S/O P.MAHADEVASWAMY, AGED 46 YEARS
NO.515/B, 15TH MAIN, 3RD CROSS
SARASWATHIPURAM, MYSORE-570009.
41. SRI RAJASHEKAR MURTHY H M
AGED 50 YEARS, NO.331
INCHARA APARTMENT
16TH MAIN, M.C.LAYOUT
VIJAYANAGAR, BANGALORE.
42. SRI RAGHU
S/O.R RAMU, AGED 44 YEARS
NO.2290, SRI RANGA 4TH MAIN
RPC LAYOUT, VIJAYANAGAR
II STAGE, BANGALORE-560040.
43. SMT SUJATHA
D/O KRISHNAMURTHY V, AGED 47 YEARS
NO.813, 17TH D CROSS, J.P.NAGAR
6TH PHASE, BANGALORE-560078.
8
44. SRI BALAKRISHNA L
S/O LATE LAKSHMIAH REDDY, AGED 44 YEARS
NO.50, VITTA SANDRA E-CITY
NEAR CLASSIC CELEBRITY
BANGALORE-560058.
45. SHYAM PRASAD
S/O LATE M.V.KRISHNAIAH, AGED 54 YEARS
NO.191, SREE VARSI NILAYAM
2ND AVENUE TEACHERS COLONY
KORAMANGALA, BANGALORE.
46. SRINIVASA REDDY M L
S/O LATE M.H.LAKSHMANA REDDY
AGED 43 YEARS, NO.121, 9TH BLOCK
SIR MV LAYOUT, MALLATHAHALLI
BANGALORE-560056.
47. S RAJA SHEKAR REDDY
S/O S.SOMA SHEKARA REDDY
AGED 41 YEARS, NO.214, 3RD CROSS
BALAJI NAGAR, NEAR NARAYANA SCHOOL
MALLATHAHALLI, BANGALORE-560056.
48. SRI KUMARASWAMY R K
AGED 49 YEARS
P.V.P. POLYTECHNIC, DR AIT CAMPUS
MALLATHAHALLI, VIJAYANAGAR
BANGALORE-560056.
49. VARMAHALAKSHMI
W/O LATE VIJAYA SARAHI, AGED 46 YEARS
NO.453, 64TH CROSS, 5TH BLOCK,
RAJAJINAGAR, BANGALORE-560010.
50. SMT REKHA
W/O LATE JAYARAM R, MAJOR
NO.16, 4TH CROSS, VENAKTESHWARA MANSION,
BANGLAORE-560076.
... PETITIONERS
(BY SRI K.N. NITISH., ADV. FOR
SRI K V NARASIMHAN., ADV.)
9
AND:
1. STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF EDUCATION,
(TECHNICAL EDUCATION)
M.S.BUILDING,BANGALORE.
2. DIRCTOR
TECHNICAL EDUCATION DEPARTMENT
M.S.BUILDING, BANGALORE-560001.
3. DIRECTOR
DEPARTMENT OF TREASURY,
M.S.BUILDING, BANGALORE-560001.
... RESPONDENTS
(BY SRI.A.C. BALARAJ., HCGP)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 TO CONSIDER THE REPRESENTATION AT
ANNEXURE-Q DTD:14.12.2015 AND DIRECT THE R-1 TO PAY
THE GRANT-IN-AID SALARAY TO THE PETITIONERS WITH
EFFECT FROM DATE OF GRANT-IN-AID i.e., 5.02.2001 WITH
CONSEQUENTIAL MONETARY RELIEF.
THESE WRIT PETITIONS COMING ON FOR
PRELIMIANRY HEARING IN 'B' GROUP THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
Sri. A.C.Balaraj, learned High Court Government Pleader is directed to take notice for respondents and he is heard on their behalf.
10
2. Heard Sri. K.N.Nitish, learned Counsel appearing for the petitioners. Perused the writ petitions and Annexures produced along with the writ petition.
3. The case of the petitioners is that petitioners 1 to 48 are the employees of PVP Polytechnic, Bengaluru, an aided private educational institution which was admitted to grant-in-aid with effect from 05-02-2001. Petitioner Nos. 49 and 50 are the widows of the deceased employees of the said PVP Polytechnic, namely Vijayasarthi and Jayaram respectively. Petitioners have put in more than 20 years of service without any remarks and acknowledging their qualification, eligibility and their performance, their appointments have been approved by the first respondent vide orders dated 30-06-2006, 31-12-2006, 03-04-2007, 13- 04-2007, 25-05-2007 and 31-03-2008 as per Annexures `F' to `L' respectively.
4. Further case of the petitioners is that, first respondent by order dated 21-09-2007 produced at Annexure `M', ordered for payment of grant-in-aid salary to 103 11 employees of PVP Polytechnic with effect from the date of grant-in-aid i.e. 05-02-2001, who are similarly placed like that of the petitioners. It is further contended that first respondent has granted similar type of relief to employees of Sanjay Memorial Polytechnic, Sagar and Al-Khateeb Polytechnic, Bangalore. But the said benefit is not extended to the petitioners despite their repeated requests and representation made at Annexure `Q'. Hence, learned Counsel for the petitioners prays for allowing the writ petitions by directing the first respondent to consider the representation submitted by the petitioners at Annexure `Q', on merits and in accordance with law.
5. Sri. A.C.Balaraj, learned HCGP appearing for respondents submits, if the representation submitted by the petitioners at Annexure `Q' is not yet considered and disposed of by the first respondent, first respondent may be granted reasonable time to dispose of the representation of the petitioners on merits and in accordance with law. 12
6. In view of the above, the following order is passed:
Writ petition is allowed.
A writ of mandamus is issued to first respondent directing the first respondent to consider and dispose of the representation submitted by the petitioners at Annexure-'Q' on merits and in accordance with law, as expeditiously as possible, in the facts and circumstance of the case at any rate within five months from the date of receipt of a copy of this order.
All the contentions of both the parties are kept open.
Sd/-
JUDGE Mgn