Karnataka High Court
Marula Siddaiah , K.M. S/O. Sadasivaiah ... vs The State Of Karnataka on 5 June, 2013
Author: A.S.Bopanna
Bench: A.S.Bopanna
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 5TH DAY OF JUNE, 2013
BEFORE
THE HON'BLE MR.JUSTICE A.S.BOPANNA
WRIT PETITION Nos.78045-78059/2013(S-RES)
A/w
WRIT PETITION Nos.78060-78070/2013(S-RES)
W.P.Nos.78045-59/2013
BETWEEN:
1. MARULA SIDDAIAH K.M.
S/O. SADASIVAIAH K.M.
AGE: 30 YEARS, OCC: H.O.D.
(DEPT. OF APPLIED SCIENCE)
OF SMT. RAJESHWARI POLYTECHNIC BELLARY
2. ASHWINI K.
D/O. VENKOBA RAO K
AGE: 24 YEARS, OCC: H.O.D.
(E & C DEPT) OF
SMT. RAJESHWARI POLYTECHIC BELLARY
3. SUNEETHA P
D/O. MALLIKARJUNA P.
AGE: 30 YEARS, OCC: LECTURER
(DEPT. OF APPLIED SCIENCE) OF
SMT. RAJESHWARI POLYTECHIC BELLARY
4. SOMANATH
M/O. GANGAMMA
AGE: 30 YEARS, OCC: LECTURER
(DEPT. OF MECHANICAL) OF
SMT. RAJESHWARI POLYTECHIC BELLARY
2
5. DATTATRYA REDDY G
S/O. SIDDA REDDY
AGE: 30 YEARS, OCC:LECTURER
IN MECHANICAL ENGINEERING OF
SMT. SMT. RAJESHWARI POLYTECHNIC BELLARY
6. MOHAMMED IMRAN ALI
S/O. ABDUL AZEEZ
AGE: 28 YEARS, OCC:LECTURER
(DEPT. OF MECHANICAL ENGINEER) OF
SMT. SMT. RAJESHWARI POLYTECHNIC BELLARY
7. MAHARAJA GOUDA B.
S/O. SHIVAREDDY GOUDA B
AGE: 27 YEARS, OCC:LECTURER
(DEPT. OF MECHANICAL ENGINEER) OF
SMT. SMT. RAJESHWARI POLYTECHNIC BELLARY
8. RAMACHANDRA SHASTRY
S/O. BHASKARA SASTRY T.
AGE: 27 YEARS, OCC: LECTURER
(DEPT. OF E & E) OF
SMT. SMT. RAJESHWARI POLYTECHNIC BELLARY
9. HIMA BINDU G.
D/O. G. KESHAVAIAH
AGE: 25 YEARS, OCC: LECTURER
(DEPT. OF MATHEMATICS) OF
SMT. SMT. RAJESHWARI POLYTECHNIC BELLARY
10. RAGHAVENDRA N.
S/O. N. PALAXI
AGE: 28 YEARS, OCC: LECTURER
(DEPT. OF MACHANICAL) OF
SMT. SMT. RAJESHWARI POLYTECHNIC BELLARY
11. HEENA KOUSER M.
D/O. ANWAR BASHA
AGE: 25 YEARS, OCC: LECTURER
(DEPT. OF ENGLISH) OF
SMT. SMT. RAJESHWARI POLYTECHNIC BELLARY
12. SHASHIKALA R.M.
3
D/O. YERRI SWAMY R.M.
AGE: 25 YEARS, OCC: LECTURER
(DEPT. OF EECTRICAL ENGER.) OF SMT. SMT.
RAJESHWARI POLYTECHNIC BELLARY
13. J. KEERTIKUMARI
D/O. J SHANKAR REDDY
AGE: 25 YEARS, OCC: LECTURER
(DEPT. OF MECH. BRANCH) OF SMT. SMT. RAJESHWARI
POLYTECHNIC BELLARY
14. SHIVARAJ N.
S/O. SHARANABASAVANAGOUDA N.
AGE: 29 YEARS, OCC: LECTURER
(DEPT. OF METALLURGY) OF
SMT. RAJESHWARI POLYTECHNIC BELLARY
15. SOUJANYA
D/O. BASAVARAJ S.
AGE: 27 YEARS, OCC: LECTURER
(DEPT. OF METALLURGY) OF
SMT. RAJESHWARI POLYTECHNIC BELLARY
... PETITIONERS
(BY SRI.: S A HUDDAR & SRI M S HARAVI, ADVs.)
AND :
1. THE STATE OF KARNATAKA
R/BY ITS SECRETARY TO
EDUCATION DEPARTMENT,
M.S. BUILDING, BANGALORE-1
2. THE REGIONAL DIRECTOR
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION,
SOUTH WESTERN REGIONAL OFFICE, P.K. BLOCK,
PALACE ROAD, BANGALORE-09
3. THE DIRECTOR OF TECHNICAL EDUCATION
IN KARNATAKA PALACE ROAD,
BANGALORE-1
4
4. SRI RENUKA CHARYA EDUATION SOCIETY (R)
2ND MAIN ROAD, PARVATI NAGAR, BELLARY-01
R/BY ITS CHAIRMAN
5. SRI RENUKA CHARYA EDUCATION SOCIETY (R)
2ND MAIN ROAD, PARVATI NAGAR, BELLARY
R/BY ITS SECRETARY
6. THE PRINCIPAL
SMT. RAJESWARI POLYTECHNIC BELLARY
SHIVA NAGAR, SIRAGUPPA ROAD
KOLUR (PO), TQ & DIST: BELLARY-583 102
... RESPONDENTS
(BY SRI. VINAYAK S. KULKARNI, HCGP FOR R1 TO 3)
THESE PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO;
DIRECT THE RESPONDENT Nos.4 TO 6 TO EXTEND THE
BENEFIT OF PAY SCALE AND ALLOWANCES AS APPROVED
AND RECOGNIZED BY THE ALL INDIA EDUCATION FOR
TECHNICAL EDUCATION ACT, 1987, WHICH IS
APPLICABLE TO THE PETITIONERS FROM THE
RESPECTIVE DATES OF THEIR APPOINTMENTS.
W.P.Nos.78060-70/2013
1. B SHALINI
D/O. B NAGARAJ
AGE: 25 YEARS, OCC: ASSISTANT LECTURER
(CIVIL ENG. DEPT)
OF SMT. RAJESHWARI POLYTECHNIC BELLARY
2. M. SHABNAAZ D/O. M.D. MASTHAN
AGE: 26 YEARS,
OCC: ASSISTANT LECTURER
IN CIVIL BRANCH OF
SMT. RAJESHWARI POLYTECHIC BELLARY
3. M. ANANDANA SWAMY
S/O. M. GANAPAYYA SWAMY
5
AGE: 30 YEARS, OCC: INSTRUCTOR
(DEPT. OF MECHANICAL) OF
SMT. RAJESHWARI POLYTECHNIC BELLARY
4. VAPPATHESHWARA M.M.
S/O. SHIVAYYA M.M.
AGE: 30 YEARS, OCC: INSTRUCTOR
(DEPT. OF MECHANICAL ENGER)
OF SMT. RAJESHWARI POLYTECHNIC BELLARY
5. G. RAJITHA D/O. G. SAMUEL JOHN
AGE: 21 YEARS, OCC: INSTRUCTOR
(DEPT. OF E & C) OF
SMT. RAJESHWARI POLYTECHNIC BELLARY
6. VISHALAKSHI B.
D/O. PARAMESHWAR ACHARI B.
AGE: 23 YEARS, OCC: INSTRUCTOR
(DEPT. OF ELECTRICAL ENG.) OF
SMT. RAJESHWARI POLYTECHNIC BELLARY
7. NAGARATHNA N.
D/O. VIRUPAXAYYA N.
AGE: 24 YEARS, OCC: INSTRUCTOR
(DEPT. OF E & C) OF
SMT. RAJESHWARI POLYTECHNIC BELLARY
8. MAHADEVI
D/O. MALLIKARJUN GOUDA .
AGE: 33 YEARS,
OCC: LIBRARIAN OF
SMT. RAJESHWARI POLYTECHNIC BELLARY
9. K ANIL KUMAR
S/O. PAMPAPATHY
AGE: 27 YEARS,
OCC: OFFICE ACCOUNTANT OF
SMT. RAJESHWARI POLYTECHNIC BELLARY
10. CHANDRA GOUDA K.
S/O. PAMPAPA GOUDA K.
AGE: 26 YEARS, OCC: FDC
6
(DEPT. OF OFFICE) OF
SMT. RAJESHWARI POLYTECHNIC BELLARY
11. K. SRINIVAS RAO
S/O. K. VENKOBA RAO
AGE: 26 YEARS,
OCC: OFFICE ATTENDER OF SMT. RAJESHWARI
POLYTECHNIC BELLARY
... PETITIONERS
(BY SRI S A HUDDAR & SRI M S HARAVI, ADVs.)
AND :
1. THE STATE OF KARNATAKA
R/BY ITS SECRETARY
TO EDUCATION DEPARTMENT,
M.S. BUILDING, BANGALORE
2. THE REGIONAL DIRECTOR
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION,
SOUTH WESTERN REGIONAL OFFICE,
P.K. BLOCK, PALACE ROAD,
BANGALORE-09
3. THE DIRECTOR OF TECHNICAL EDUCATION
IN KARNATAKA, PALACE ROAD,
BANGALORE
4. SRI RENUKA CHARYA EDUATION SOCIETY (R)
2ND MAIN ROAD, PARVATI NAGAR, BELLARY
R/BY ITS CHAIRMAN
5. SRI RENUKA CHARYA EDUCATION SOCIETY (R)
2ND MAIN ROAD, PARVATI NAGAR, BELLARY
R/BY ITS SECRETARY
6. THE PRINCIPAL
SMT. RAJESWARI POLYTECHNIC BELLARY
SHIVA NAGAR,
7
SIRAGUPPA ROAD
KOLUR (PO), TQ & DIST: BELLARY -583 102
... RESPONDENTS
(BY SRI. VINAYAK S. KULKARNI, HCGP FOR R1 TO 3)
THESE PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO;
DIRECT THE RESPONDENT Nos.4 TO 6 TO EXTEND THE
BENEFIT OF PAY SCALE AND ALLOWANCES AS APPROVED
AND RECOGNIZED BY THE ALL INDIA EDUCATION FOR
TECHNICAL EDUCATION ACT, 1987, WHICH IS
APPLICABLE TO THE PETITIONERS FROM THE DATES OF
THEIR RESPECTIVE APPOINTMENTS.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned Government Advocate to accept notice for respondents No. 1 to 3. He is permitted to file memo of appearance within four weeks from today. Considering the nature of disposal, notice to respondents No. 4 to 6 is unnecessary.
2. The petitioners herein are before this Court stating that they have been appointed as Lecturers in the respondent-College. The period from which they 8 have been rendering service has been setout in the petition.
3. The grievance in the instant petition is that the petitioners are being paid consolidated salary. In that regard, the petitioners contend that they are entitled to be paid the pay scale as approved by A.I.C.T.E. Since the same has not been extended to them, the petitioners are before this Court.
4. Though the learned counsel for the petitioners has raised several contentions in support of the prayer made in the instant petitions, it is noticed that the petitioners have not made an appropriate representation to the authority concerned. Unless the authority concerned examines the matter or a demand is made to the concerned authority, a prayer for mandamus as sought cannot be examined.
5. Therefore, these petitions stand disposed of, with a direction to respondent No.3 to consider the 9 claim made in the petitions itself as representation. Thereafter, respondent No.3 shall examine the matter in its correct perspective and intimate the petitioners about the result of such consideration.
6. To enable such consideration, the petitioners shall now submit a copy of the instant writ petition with all supporting materials to respondent No.3 within a period of three weeks from the date of receipt of a copy of this order. Respondent No.3 shall thereafter treat the same as representation, look into the grievance of the petitioners and dispose of the representation in accordance with law as expeditiously as possible but not later than eight weeks from the date on which the representation is made. All questions are left open to be considered by respondent No.3.
Sd/-
JUDGE hrp