Karnataka High Court
The State Of Karnataka Ors vs J R Hatti S/O Revanasiddappa on 4 December, 2012
Bench: Mohan Shantanagoudar, Ravi Malimath
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 4TH DAY OF DECEMBER 2012
PRESENT
THE HON'BLE MR. JUSTICE MOHAN SHANTANAGOUDAR
AND
THE HON'BLE MR. JUSTICE RAVI MALIMATH
WRIT APPEAL NO.50349/2012 (S-RES)
BETWEEN:
1. The State of Karnataka
By its Secretary
Education Department (Universities),
M.S. Building, Bangalore.
2. The Director,
The Department of State Educational
Research and Training,
No.4, 100' Road, 3rd Stage,
Banashankari, Bangalore-85. ... APPELLANTS
(By Sri N. Kumar, AGA)
AND:
1. J.R. Hatti S/o Revanasiddappa
Age: 60 years, Occ: Lecturer in
Basaveshwara College of Education
Bidar, Bidar-585401.
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2. Basavaraja S/o Neelakantappa Halappagol,
Age: 56 years, Occ: First Division Assistant
in Basaveshwara College of Education Bidar,
Bidar-585401.
3. Chanabassayya S/o Shankaraiah Ganachari
Age: 57 years, Occ:First Division Assistant
in Basaveshwara College of Education,
Bidar 585401.
4. Hanumantha S/o Veerabadrappa Mailoor,
Age: 51 years, Occ: Clerk cum Typist
in Basaveshwara College of Education Bidar,
Bidar-585401.
5. Ashok S/o Basanna Revani
Age: 40 yers, Occ: Assistant Librarian
in Basaveshwara College of Education Bidar
Bidar 585401.
6. Nagayya Swamy S/o Siddalingaiah,
Age: 60 years, Occ: Attender in Basaveshwara
College of Education Bidar
Bidar 585401.
7. Gangashetty Chimakoda S/o Siddaramappa
Age: 51 years, Occ: B- Group Employee in
Basaveshwara College Education Bidar
Bidar 585401.
8. Nagashetty S/o Shiswaram
Age: 50 years, Occ: D- Group Employee
in Basaveshwara College of Education Bidar
Bidar 585401.
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9. The President/Administrative Officer
Hyderabad Karnataka Educational Society
Gulbarga.
10. Sri Basaveshwara College of Education
Bidar, Represented by its Principal.
... RESPONDENTS
(By Sri P.S. Malipatil, Adv. for R-1 to R-8;
R-9 and R-10 served)
This Writ Appeal is filed under Section-4 of the
Karnataka High Court Act, praying to set aside the order
dated 9.9.2011 passed by the learned Single Judge in Writ
Petition NO.83613-617/2011.
This Writ Appeal coming up for Admission this day,
MOHAN SHANTANAGOUDAR .J., delivered the following.
JUDGMENT
The respondents herein filed Writ Petition Nos.83613- 617/2011 seeking mandamus directing the appellants herein to extend the benefit of their past service, considering the period of service from the original date of appointment for the purpose of calculating pay scale, increments, promotion, pension etc., and other similar 4 benefits. In other words, the respondents have sought for direction to consider their service during the unaided period also.
2. The learned Single Judge following the earlier judgments of this Court allowed the writ petitions and directed the appellants to reckon the service of the writ petitioners from the date of initial appointment upto the date of approval for the purposes of fixation of pay scale, seniority etc., Questioning the said order, these writ appeals are filed.
3. Similar writ appeals filed by the State Government are dismissed by the Division Bench of this Court in Writ Appeal No.503/2011 and connected matters on 30th November 2011. Therefore we propose to follow the very judgment and dismiss these writ appeals.
Accordingly, these writ appeals stand dismissed. 5 Sri Kumar, learned Addl. Government Advocate submits that questioning the order dated 30.11.2011 passed by the Division Bench in Writ Appeal No.503/2011, the State has approached the Supreme Court. However number of SLP is not furnished before this Court.
Be that as it may, we clarify that this order would be subject to the result of the order, if any, to be passed by the Supreme Court in future if the State Government has really approached the Supreme Court questioning the order dated 30.11.2011 passed in Writ Appeal NO.503/2011.
Sd/-
JUDGE Sd/-
JUDGE Gss/-