Karnataka High Court
Dr Rangaswamy 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
W.P. NOS.13380-13382/2019 (S-RES)
BETWEEN
1. DR RANGASWAMY
S/O SANNEGOWDA
AGED ABOUT 66 YEARS
RETIRED ASSOCIATE PROFESSOR
D BANNUMAIAH'S COLLEGE OF
COMMERCE AND ARTS
MYSORE-570 024
#453, A & B BLOCK
PADOVANA ROAD
KUVEMPUNAGAR
MYSURU-570 023
2. MRS. NOOR FATIMA
W/O S. MIR SANAULLA
AGED ABOUT 63 YEARS
ASSOCIATE PROFESSOR
MAHARANIS ART'S COLLEGE
JLB ROAD, MYSORE-570 005
#L-8, 10TH CROSS
SHIVAJI ROAD
N. R. MOHALLA
MYSORE-570 007
3. MR. VENKATASWAMY
S/O LATE YALAKKAIAH
AGED ABOUT 62 YEARS
ASSOCIATE PROFESSOR
GOVERNMENT FIRST GRADE
2
COLLEGE, MALAVALLI
MANDYA DISTRICT-571 431
#BEHIND K E B 1ST CROSS
SIDDARTHANAGAR
MADDUR TOWN
MANDYA DISTRICT-571 428
... PETITIONERS
(BY SRI. RAMANANDA A. D., ADVOCATE)
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
COLLEGIATE EDUCATION
IN KARNATAKA
PALACE ROAD
BENGALURU -560 001
4. UNION OF INDIA
BY ITS SECRETARY TO
GOVERNMENT, MINISTRY OF
HUMAN RESOURCE DEVELOPMENT
DEPARTMENT OF HIGHER
EDUCATION, SHASTRI BHAVAN
NEW DELHI-110 001
3
5. THE ACCOUNTANT GENERAL
IN KARNATAKA (A &E)
PARK HOUSE
BENGALURU-560 001
6. REGISTRAR
RAJIV GANDHI UNIVERSITY
BENGALURU-560 041 ... RESPONDENTS
(BY SMT. M. S. PRATHIMA, AGA FOR R1 TO R3 & R5;
SMT. M. C. NAGASHREE, ADV. FOR R4.)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF
INDIA PRAYING TO DIRECT THE RESPONDENTS TO
COMPLY THE ORDERS PASSED IN W.P.NO.6385-
6448/2016 DATED 26.02.2016 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.
THESE WRIT PETITIONS ARE COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
In the instant Writ Petitions, the petitioners have sought for the following reliefs:
"(a) Issue a Writ of Mandamus or any other appropriate Writ Order or direction to the respondents to comply the orders 4 passed in WP No.6385-6448/2016 dated 26.2.2016 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 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. 5
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 authority is hereby directed to examine and take positive decision and communicate the decision to the petitioners at the earliest.
Sd/-
JUDGE PL*