Sri. Suryaprakash S/O Kalyanrao ... vs The State Of Karnataka & Ors on 28 June, 2013

[Cites 2, Cited by 3]

Karnataka High Court

Sri. Suryaprakash S/O Kalyanrao ... vs The State Of Karnataka & Ors on 28 June, 2013

Bench: Ram Mohan Reddy

                           -1-
                                   W.P.Nos.101604-606/2013



         IN THE HIGH COURT OF KARNATAKA
            CIRCUIT BENCH AT GULBARGA

        DATED THIS THE 28TH DAY OF JUNE, 2013

                       BEFORE

     THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

          W.P.Nos.101604-606 OF 2013 (S-RES)

BETWEEN:

1. SURYAPRAKASH
   S/O KALYANRAO LONIKAR
   AGED ABOUT 32 YEARS,
   OCC: NIL,
   R/O HORTI, TQ. INDI,
   DIST: BIJAPUR.

2. SHIVASHANKAR S/O DASHARAT KOLI
   AGED ABOUT 32 YEARS, OCC: NIL,
   R/O HORTI, TQ. INDI,
   DIST: BIJAPUR.

3. BASAVARAJ S/O MACHENDRA KAMBLE
   AGED ABOUT 29 YEARS,
   OCC; NIL,
   R/O NIVARGI, TQ: INDI,
   DIST: BIJAPUR.

                                          ... PETITIONERS

(BY SRI S.S.MAMADAPUR, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       BY ITS SECRETARY SOCIAL
       WELFARE DEPARTMENT
       VAKAS SOUDHA, BANGALORE
                            -2-
                                   W.P.Nos.101604-606/2013



2.   THE STATE OF KARNATAKA
     BY ITS SECRETARY,
     DEPARTMENT OF PRIMARY AND
     SECONDARY EDUCATION,
     M.S.BUILDING, BANGALORE-560001.

3.   KARNATAKA RESIDENTIAL EDUCATIONAL
     INSTITUTIONS SOCIETY,
     A SOCIETY REGISTERED
     UNDER THE SOCIETIES
     REGISTRATION ACT,
     REPTD. BY ITS SECRETARY,
     NO.179, 3RD FLOOR, ROOPA COMPLEX,
     1ST MAIN ROAD, SHESHADRIPURAM,
     BANGALORE-560020.

4.   DISTRICT SOCIAL WELFARE OFFICER
     GULBARGA, DIST.
     GULBARGA.

5.   DISTRICT OFFICER FOR BACKWARD CLASS
     AND MINORITIES WELFARE DEPARTMENT,
     GULBARGA, DIST. GULBARGA.

6.   THE DEPUTY COMMISSIONER
     GULBARGA, DIST. GULBARGA

7.   THE CHIEF EXECUTIVE OFFICER
     ZILLA PANCHAYAT, GULBARGA.

                                        ... RESPONDENTS

(BY SRI MANVENDRA REDDY,
 GOVT. ADV. FOR R1 & 2 & 4 & 5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT OF MANDAMUS OR ORDER OR DIRECTION IN THE
NATURE OF WRIT, DIRECTING THE RESPONDENT TO EXTEND
THE BENEFIT OF THE ORDER DATED 13.07.2012 PASSED BY
THIS HON'BLE COURT IN W.P.NO.20204 TO 20364/2011 VIDE
ANNEXURE-H TO THE PETITIONERS ALSO.
                               -3-
                                      W.P.Nos.101604-606/2013



      THIS PETITION COMING ON FOR PREIMINARY HEARNING
THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

Petitioner No.1 the Principal and petitioner Nos.2 and 3 Teachers appointed to an Agency to discharge duties at Morarji Desai Model Residential School at Margoor, Taluk Indi, District Bijapur, have presented these petitions for a writ of mandamus to direct the respondents to extend the benefit of the order dated 13.07.2012 in W.P. Nos.20204-20364/2011 and connected petitions, Annexure-H.

2. A perusal of the operative portion of the order dated 13.07.2012, supra, discloses that benefit of service weightage is made applicable to all similar Principals and Teachers. In that view of the matter, there is no necessity to pass yet another order to make the benefits under the order aforesaid applicable to the petitioners. Petitions are accordingly disposed of in terms of the order dated 13.07.2012 in W.P -4- W.P.Nos.101604-606/2013 No.20204-20364/2011 and connected cases. It is made clear the decision in the said petitions is applicable, if and only if the petitioners fulfill the requirements noticed in the said order.

3. It is made clear that the respondents shall not insist all similarly situated Principals and Teachers to approach this Court, if they are otherwise entitled to the benefits of the order, Annexure-H. Petitions are accordingly disposed of.

Sd/-

JUDGE LG

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