Karnataka High Court
Mr C Hanuma Kumar vs State Of Karnataka on 20 June, 2019
Author: P.B.Bajanthri
Bench: P.B.Bajanthri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2019
BEFORE
THE HON'BLE MR. JUSTICE P.B.BAJANTHRI
WRIT PETITION NOs. 5231-5248 OF 2019 (S-RES)
BETWEEN:
1. MR. C. HANUMA KUMAR
S/O CHINDE GOWDA,
AGED ABOUT 63 YEARS
RETIRED ASSOCIATE PROFESSOR
BHARATHI COLLEGE,
K.M.DODDI, MADDUR TALUK,
MANDYA DISTRICT - 571 422
R/AT K T 156,3RD CROSS,
MARIGOWDA LAYOUT,
MANDYA - 571 401.
2. MR. S. NAGARAJA
S/O SHANKARA SETTY,
AGED ABOUT 63 YEARS
RETIRED PRINCIPAL
BHARATHI COLLEGE,
K.M.DODDI, MADDUR TALUK,
MANDYA DISTRICT - 571 422
R/AT NO.208, BET QUARTERS
G.MADE GOWDA LAYOUT,
BHARATHI NAGAR,
MADDUR TALUK,
MANDYA - 571 422.
3. MR. RAJE GOWDA
S/O MADE GOWDA
AGED ABOUT 64 YEARS
RETIRED ASSOCIATE PROFESSOR
BHARATHI COLLEGE,
K.M.DODDI, MADDUR TALUK,
2
MANDYA DISTRICT - 571 422
R/AT NO.305/2,OM SHANTHI ROAD,
G.MADE GOWDA LAYOUT,
BHARATHI NAGAR,
MADDUR TALUK,
MANDYA - 571 422.
4. MRS. D. L. RAGINI
W/O NANGE GOWDA B. M
AGED ABOUT 67 YEARS
RETIRED ASSOCIATE PROFESSOR
BHARATHI COLLEGE,
K.M.DODDI, MADDUR TALUK,
MANDYA DISTRICT - 571 422
R/AT VINAYA, MALLAHALLI EXTENSION,
BHARATHI NAGAR, MADDUR TALUK,
MANDYA - 571 422.
5. MR. M. SHIVALINGE GOWDA
S/O D. LINGE GOWDA,
AGED ABOUT 67 YEARS
RETIRED ASSOCIATE PROFESSOR
BHARATHI COLLEGE,
K.M.DODDI, MADDUR TALUK,
MANDYA DISTRICT-571 422
R/AT NO.MANIGERE,
BHADRAHALLI POST,
MADDUR TALUK,
MANDYA DISTRICT-571 422
R/AT NO.MANIGERE,
BHADRAHALLI POST,
MADDUR TALUK, MANDYA - 571 422.
6. MR. K. P. DORESWAMY
S/O LATE K. PUTTASWAMY,
AGED ABOUOT 64 YEARS
RETIRED ASSOCIATE PROFESSOR
BHARATHI COLLEGE,
K.M.DODDI, MADDUR TALUK,
MANDYA DISTRICT - 571 422
R/AT NO.KT-232, D31192
3
3RD CROSS, MARI GOWDA LAYOUT,
MANDYA - 571 401.
7. MR. V. R. ANANTHAN
S/O LATE V. R. RANGASWAMY IYENGAR,
RETIRED PRINCIPAL
BHARATHI COLLEGE,
K.M.DODDI, MADDUR TALUK,
MANDYA DISTRICT - 571 422
R/AT NO.151, SRI VINAYAKA
G MADE GOWDA LAYOUT,
BHARATHINAGAR,
K.M.DODDI, MADDUR TALUK,
MANDYA DISTRICT - 571 422.
8. MR. SIDDAPPAJI
S/O PATEL VENKATE GOWDA,
AGED ABOUT 68 YEARS
RETIRED PROFESSOR,
BHARATHI COLLEGE,
K.M.DODDI, MADDUR TALUK,
MANDYA DISTRICT - 571 422
R/AT NO.2630,2ND CROSS,
GANDHI NAGAR, MANDYA TOWN,
MANDYA - 571401.
9. MR. C. NEELAKANTE GOWDA
S/O LATE CHANNE GOWDA,
AGED ABOUT 64 YEARS
RETIRED ASSOCIATE PROFESSOR,
BHARATHI COLLEGE, K.M.DODDI,
MADDUR TALUK,
MANDYA DISTRICT - 571 422
R/AT NO.KT-206/1,1ST CROSS,
MARI GOWDA BADAVANE,
MANDYA TOWN, MANDYA - 571 401.
10. MR. T. NAGENDRA
S/O THAMME GOWDA,
AGED ABOUT 64 YEARS
RETIRED PROFESSOR,
4
BHARATHI COLLEGE,
K.M.DODDI, MADDUR TALUK,
MANDYA DISTRICT - 571 422
R/AT "VASUNDHARE"
KT-780, 9TH CROSS,
CHAMUNDESHWARI NAGAR,
MANDYA - 571 401.
11. MR. NAGARAJU
S/O MANCHE GOWDA,
AGED ABOUT 68 YEARS
RETIRED ASSOCIATE PROFESSOR,
BHARATHI COLLEGE,
K.M.DODDI, MADDUR TALUK,
MANDYA DISTRICT - 571 422
R/AT KT-698, UDAYARAVI
2ND A-CROSS, CHAMUNDESHWARI NAGAR,
MANDYA - 571 401.
12. MR. REVANNA
S/O SANNE GOWDA,
AGED ABOUT 65 YEARS
RETIRED ASSOCIATE PROFESSOR
BHARATHI COLLEGE,
K.M.DODDI, MADDUR TALUK,
MANDYA DISTRICT - 571 422.
R/AT NO.152,"VASUNDHARA"
G.MADE GOWDALAYOUT,
BHARATHI NAGAR, K.M.DODDI,
MADDUR TALUK,
MANDYA DISTRICT - 571 422.
13. MR. K. V. SRI HARSHA
S/O K. C. VEEREGOWDA,
AGED ABOUT 66 YEARS
RETIRED ASSOCIATE PROFESSOR
BHARATHI COLLEGE,
K.M.DODDI, MADDUR TALUK,
MANDYA DISTRICT - 571 422
R/AT ANNAR LAKSHMANA,
G. MADEGOWDA LAYOUT,
5
K.M.DODDI, MADDUR TALUK,
MANDYA DISTRICT - 571 422.
14. MR. DEVE GOWDA T
S/O THIBBE GOWDA,
AGED ABOUT 66 YEARS
RETIRED ASSOCIATE PROFESSOR
BHARATHI COLLEGE,
K.M.DODDI, MADDUR TALUK,
MANDYA DISTRICT - 571 422
R/AT NO.108, K.H.B.COLONY
NEAR ADARSHA CONVENT ROAD,
NES EXTENSION, MALAVALLI,
MANDYA - 571 430.
15. MR. S. B. GOWDA
S/O SIDDE GOWDA,
AGED ABOUT 67 YEARS
RETIRED ASSOCIATE PROFESSOR
BHARATHI COLLEGE,
K.M.DODDI, MADDUR TALUK,
MANDYA DISTRICT - 571 422
R/AT CHIKKAMALIGE KOPPALU,
KALKUNI POST, MALAVALLI,
MANDYA - 571 430.
16. MR. K. PUTTALINGAIAH
S/O KEMPEGOWDA,
AGED ABOUT 63 YEARS
RETIRED PRINCIPAL
BHARATHI COLLEGE,
K.M.DODDI, MADDUR TALUK,
MANDYA DISTRICT-571 430
# 141/A,B.H.NILAYA,
2ND CROSS, LEELAVATHI EXTENSION,
MADDUR - 571 428.
17. MR. H. K. ARAVIND
S/O LATE HUCHKALAIAH,
AGED ABOUT 63 YEARS
RETIRED ASSOCIATE PROFESSOR
6
BHARATHI COLLEGE
K.M.DODDI, MADDUR TALUK,
MANDYA DISTRICT - 571 422
# 1863, MAIN ROAD,
VIVEKANANDANAGAR,
RAMANAGAR TOWN,
RAMANAGAR - 562 159.
18. MR. R.P.NAGARAJU
S/O LATE PAPANNA GOWDA,
AGED ABOUT 63 YEARS
RETIRED ASSOCIATE PROFESSOR
P.E/S COLLEGE OF SCIENCE
ARTS AND COMMERCE,
MANDYA DISTRICT - 571 401
# K.L.675, 3RD CROSS, MARIGOEDA LAYOUT,
VIVEKANANDANAGAR,
MANDYA DISTRICT - 571 401.
...PETITIONERS
(BY SRI. RAMANANDA A. D. ADV.,)
AND:
1. STATE OF KARNATAKA
BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT,
EDUCATION DEPARTMENT
(HIGHER EDUCATION)
M. S. BUILDING
BENGALURU - 560 001.
2. THE PRINCIPAL SECRETARY
TO GOVERNMENT
FINANCE DEPARTMENT,
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU - 560 001.
3. THE COMMISSIONER FOR
COLLEGIAE EDUCATION
IN KARNATAKA
7
PALACE ROAD,
BENGALURU - 560 001.
4. UNION OF INDIA
BY ITS SECRETARY TO GOVERNEMNT
MINISTRY OF HUMAN
RESOURCE DEVELOPMENT
DEPARTMENT OF HIGHER EDUCATION
SHASTRI BHAVAN
NEW DELHI - 110 001.
5. THE ACCOUNTANT
GENERAL IN KARNATAKA (A & E)
PARK HOUSE,
BENGALURU - 560 001.
NEW DELHI - 110 001.
... RESPONDENTS
(BY SMT. M.S. PRATHIMA, AGA FOR R-1 TO R-3
SRI. S.R. DODAWAD, CGC FOR R-4 & R-5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO COMPLY THE ORDERS PASSED
IN W.P.30195-30302 OF 2015 DATED 27.07.2015 TO PAY THE
ARREARS OF SALARY AND OTHER EMOLUMENTS AS PER
REVISED PAY SCALES TO THE PETITINERS AND AS PER THE
DETAILS OF BALANCE OF ARREARS OF AMOUNT WITH
INTEREST TO BE PAID TO THE PETITIONERS VIDE ANNEXURE-
B IN TERMS OF THE JUDGEMENT PASSED VIDE ANNEXURE-A
ANNEXED TO THIS WRIT PETITION.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
In the instant Writ Petitions, the petitioners have sought for the following reliefs: 8
"(a) Issue a Writ of Mandamus or any other appropriate Writ Order or direction to the respondents to comply the orders passed in WP Nos.30195-30302/2015 dated 27.07.2015 to pay the arrears of salary and other emoluments as per revised pay scales to the Petitioners and as per the details of balance of arrears of amount with interest to be paid to the petitioners vide Annexure-B in terms of the judgment passed vide Annexure-
A annexed to this Writ Petition.
(b) Issue any other appropriate Writ order or direction as this Hon'ble Court may be pleased to grant, in the interest of justice and equity."
2. It seems, the petitioners are entitled for certain arrears of amount along with interest in terms of various decisions of this court and read with the statement made by the respondents in those proceedings. If the petitioners are entitled for certain arrears of amount from the respondents, they are 9 required to make necessary demand before the appropriate authority.
3. Perusal of the materials on record reveal that there is no demand by the petitioners so as to seek Writ of Mandamus against the concerned respondents.
4. The Hon'ble Supreme Court in the case of Mani Subrat Jain & Others Vs. State of Haryana and others reported in (1977) 1 SCC 486 has held that in the absence of any statutory right and demand, writ of mandamus cannot be entertained.
5. With the aforesaid observation, the Writ Petitions are hereby dismissed.
The petitioners are permitted to approach the competent authority by making necessary application/representation & documents. If any such application/representation & documents are submitted within a period of four weeks from today, the concerned 10 authority is hereby directed to examine and take positive decision and communicate the decision to the petitioners at the earliest.
Sd/-
JUDGE SA Ct:sr