Bheemappa Parasappa Pujar vs The State Of Karnataka on 17 February, 2014

[Cites 4, Cited by 4]

Karnataka High Court

Bheemappa Parasappa Pujar vs The State Of Karnataka on 17 February, 2014

Bench: B. Sreenivase Gowda

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           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

        DATED THIS THE 17TH DAY OF FEBRUARY, 2014

                         BEFORE

     THE HON'BLE MR.JUSTICE B. SREENIVASE GOWDA

 W. P. NOS.102601-102605/2014 & W. P..NO.102877/2014
                       (S-RES)

BETWEEN

1.    BHEEMAPPA PARASAPPA PUJAR
      AGED ABOUT 50 YEARS,
      ASST. TEACHER,
      SHRI BASVESHWAR HIGH SCHOOL,
      HIREGOLABAL TQ: BAGALKOT.

2.    GURAPADAYYA BASAYYA MATH,
      AGED ABOUT 46 YEARS,
      ASSISTANT TEACHER IN SCIENCE
      SHRI BASVESHWAR HIGH SCHOOL,
      HIREGOLABAL TQ: BAGALKOT.

3.    RAVI PREMSING NAYAK,
      AGED ABOUT 40 YEARS,
      SECOND DIVISIONAL CLERK,
      SHRI BASVESHWAR HIGH SCHOOL,
      HIREGOLABAL TQ: BAGALKOT.

4.    CHANDRAKANTH RAMKRISHANA PATIL,
      AGED ABOUT 46 YEARS,
      ASST.TEACHER KANNADA & SOCIAL
      STUDIES, SHRI BASVESHWAR HIGH
      SCHOOL, HIREGOLABAL TQ: BAGALKOT.
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5.    SHARANAYYA ADVISWAMI HIREMATH,
      AGED ABOUT 46 YEARS,
      ASST. TEACHER IN ENGLISH
      SHRI BASVESHWAR HIGH SCHOOL,
      HIREGOLABAL TQ: BAGALKOT.

6.    RAMESH GOVINDAPPA BANTNUR
      AGED ABOUT 39 YEARS,
      DRAWING TEACHER,
      SHRI BASVESHWAR HIGH SCHOOL,
      HIREGOLABAL TQ: BAGALKOT.    ... PETITIONERS

(By Sri. BASAVARAJ GODACHI, ADV.)

AND

1.    THE STATE OF KARNATAKA,
      REP. BY ITS SECRETARY,
      PRIMARY & SECONDARY EDUCATION,
      EDUCATION DEPARTMENT,
      M.S. BUILDING,
      BANGALORE-560 001.

2.    THE DIRECTOR,
      OFFICE OF THE COMMISSIONER,
      DEPT. OF PUBLIC INSTRUCTION,
      DHARWAD.

3.    THE DEPUTY DIRECTOR,
      DEPT. OF PUBLIC INSTRUCTION,
      BAGALKOT DISTRICT,
      BAGALKOT.

4.    NAYAK (BANJARA)
      EDUCATION ASSOCIATION,
      MUDEBIHAL, TQ: BAGALKOT,
      DIST: BIJAPUR,
      REPTD. BY ITS PRESIDENT.
                             :3:




5.   THE HEAD MASTER,
     SHRI BASVESHWAR HIGH SCHOOL,
     HIREGOLABAL,
     TQ BAGALKOT.            ...  RESPONDENTS

(By Sri. VINAYAK S. KULKARNI, HCGP)

     THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
THE CONDITION NO.4 OF THE GOVERNMENT ORDER DATED
19.04.2005   (ANNEXURE-D)  WHICH    IS   ISSUED  BY
RESPONDENT NO.1, IN SO FAR AS PETITIONERS ARE
CONCERNED, AND ETC.

     THESE   WRIT   PETITIONS   COMING   ON   FOR
PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE
FOLLOWING:
                      ORDER

Learned HCGP is directed to take notice for State/respondents.

Although these matters are listed for preliminary hearing, with the consent of the learned Counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the State and its authorities, matters are disposed of finally as the same are covered by several judgments of this Court and of the Apex Court passed in such and similar cases.

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2. The petitioners in these petitions who belong to teaching and non-teaching staff of Educational Institution run by Private Management have preferred these writ petitions seeking a Writ of Certiorari to quash the impugned order dated 19-04-2005 passed by the 1st respondent as per Annexure-D, in so far petitioners are concerned, and to issue a Writ of Mandamus directing the respondents to reckon and count the services rendered by them from the date of their initial appointment upto the date of approval of their appointment with grant-in-aid facility for the purpose of fixation of initial pay, seniority, promotion, increment and pensionary benefit and to consider their representations for extending the aforesaid benefits to them in the light of the earlier Judgments of this Court.

3. The learned Counsel for the petitioners submits, the issue involved in these petitions is fully covered by several judgments of this Court and a few of such judgments are cited hereunder :

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(i) W.A.Nos.848/2008 and connected cases disposed of on 3-11-2009 - PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA AND OTHERS vs. NAGEGOWDA AND OTHERS.

(ii) W.P.Nos. 37250-37254/2010 disposed of on 2-

12-2010 - K.C.PRAKASH AND OTHERS vs. STATE OF KARNATAKA AND OTHERS.

(iii) W.P.Nos. 66892-66910/2011 disposed of on 19- 10-11 - A.ANANDA AND OTHERS vs. STATE OF KARNATAKA AND OTHERS.

4. Learned High Court Government Pleader for the State does not dispute the said fact.

5. The submissions made by the learned Counsel for the parties are placed on record.

Accordingly, the writ petitions are allowed with the following directions :

(i) Condition No.4 of the impugned order dated 19.4.2005 as per Annexure-D, which is issued by respondent No.1 in so far as petitioners are concerned, is quashed.

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(ii) Writ of Mandamus is issued directing the State and its authorities to consider the representations made by the petitioners in terms of the decisions referred to supra within four months from the date of receipt of a copy of this order.

(iii) If representation/s are not made by the petitioners, they are given liberty to make detailed representation/s in this regard within one month from the date of receipt of a copy of this order and if such representations are made, the State and its authorities shall consider and dispose of the same within three months from the date of receipt of such representation/s in the light of the decisions of this Court rendered in the aforesaid cases.

No order as to costs.

SD/-

JUDGE sub/-

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