Karnataka High Court
Syed Allabakash M Jamakandi S/O ... vs The State Of Karnataka And Ors on 16 February, 2016
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF FEBRUARY 2016
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
W.P.Nos.203571-203615/2014 (S-RES)
BETWEEN:
1. SYED ALLABAKASH M. JAMAKANDI
S/O MAKABULLA SAB
AGED ABOUT 45 YEARS
WORKING AS ASSISTANT TEACHER
SECAB MALIK SANDAL HIGH SCHOOL,
TIKOTA-586130
BIJAPUR TALUK AND DISTRICT
2. SRI. MAKTOMA A PATELA
S/O AMINA PATELA
AGED ABOUT 47 YEARS
WORKING AS ASSISTANT TEACHER
SECAB MALIK SANDAL HIGH SCHOOL,
TIKOTA-586130
BIJAPUR TALUK AND DISTRICT
3. SMT.ARAMSHA HASANABADSHA BAGABANA
D/O HASANABADSHA BAGABANA
AGED ABOUT 47 YEARS
WORKING AS ASSISTANT TEACHER
SECAB MALIK SANDAL HIGH SCHOOL,
TIKOTA-586130
BIJAPUR TALUK AND DISTRICT
4. SMT.MELOTAYI T KOTNIS
D/O TAMMANNA KOTNIS
2
AGED ABOUT 46 YEARS
WORKING AS ASSISTANT TEACHER
SECAB MALIK SANDAL HIGH SCHOOL,
TIKOTA -586130
BIJAPUR TALUK AND DISTRICT
5. SRI.ALTAFA AHMED KAZI
S/O ABDULLATIF KAZI
AGED ABOUT 37 YEARS
WORKING AS ASSISTANT TEACHER
SECAB MALIK SANDAL HIGH SCHOOL,
TIKOTA -586130
BIJAPUR TALUK AND DISTRICT
6. SRI. RAVI A MULWAD
S/O ARJUNA MULWAD
AGED ABOUT 35 YEARS
WORKING AS PHYSICAL EDUCATION
TEACHER, SECAB MALIK SANDAL
HIGH SCHOOL, TIKOTA -586130
BIJAPUR TALUK AND DISTRICT
7. HUSSAIN BASHA D. NAYAGHAR
S/O DARASA MOHAMMED NAYAGHAR
AGED ABOUT 48 YEARS
WORKING AS SECOND DIVISION ASSISTANT
SECAB MALIK SANDAL HIGH SCHOOL,
TIKOTA -586130
BIJAPUR TALUK AND DISTRICT
8. SMT. SHANTA SM D/O SHANTAIAH
AGED ABOUT 47 YEARS
WORKING AS HEAD MISTRESS
CHETAN YOUTH FORUM HIGH SCHOOL
GAZIPURA, GULBARGA
9. SMT. SHYLAJA SM D/O SHANTHAIAH
AGED ABOUT 47 YEARS
WORKING AS ASSISTANT TEACHER
CHETAN YOUTH FORUM HIGH SCHOOL
GAZIPURA, GULBARGA
10. SMT. SUREKHA N.K.
D/O SRI NARAYANA RAO
3
AGED ABOUT 49 YEARS
WORKING AS ASSISTANT TEACHER
CHETAN YOUTH FORUM HIGH SCHOOL
GAZIPURA, GULBARGA
11. SMT. VIJAYALAKSHMI
D/O SRI SHARANAIAH
AGED ABOUT 52 YEARS
WORKING AS ASSISTANT TEACHER
CHETAN YOUTH FORUM HIGH SCHOOL
GAZIPURA, GULBARGA
12. SMT. SAKKU BAI D/O SRI. GUNDAPPA
AGED ABOUT 55 YEARS
WORKING AS ARTS TEACHER
CHETAN YOUTH FORUM HIGH SCHOOL
GAZIPURA, GULBARGA
13. SRI. GURULINGAPPA B. KARE
S/O BASAVANNAPPA
AGED ABOUT 45 YEARS
WORKING AS PHYSICAL EDUCATION
TEACHER, CHETAN YOUTH FORUM
HIGH SCHOOL, GAZIPURA, GULBARGA
14. SRI. KAMALANABHA A. OMKARA
S/O ANANTHACHARYA OMKARA
AGED ABOUT 54 YEARS
WORKING AS ASSISTANT TEACHER
VIDYANIKETANA HIGH SCHOOL
VENKATESHA NAGARA, KALBURGI-585 102
GULBARGA DISTRICT
15. SMT. VIJAYALAKSHMI
D/O SRI. DATTATREYA RAO VELALKA
AGED ABOUT 54 YEARS
WORKING AS ASSISTANT TEACHER
VIDYANIKETANA HIGH SCHOOL
VENKATESHA NAGARA, KALBURGI- 585 102
GULBARGA DISTRICT
16. SRI. GUNDE RAO
S/O SHANKARA RAO DONGRE
4
AGED ABOUT 53 YEARS
WORKING AS ASSISTANT TEACHER
VIDYANIKETANA HIGH SCHOOL
VENKATESHA NAGARA, KALBURGI-585 102
GULBARGA DISTRICT
17. SRI. PRAKASH R. KULKARNI
S/O RAMARAO KULKARNI
AGED ABOUT 46 YEARS
WORKING AS ASSISTANT TEACHER
VIDYANIKETANA HIGH SCHOOL
VENKATESHA NAGARA, KALBURGI-585 102
GULBARGA DISTRICT
18. SRI. DANANJAYA KANIHAL
S/O KRISHNARAO KANIHAL
AGED ABOUT 58 YEARS
WORKING AS ASSISTANT TEACHER
VIDYANIKETANA HIGH SCHOOL
VENKATESHA NAGARA, KALBURGI-585 102
GULBARGA DISTRICT
19. SRI. SRIKANT S MADRI
S/O SHIVARAYA MADRI
AGED ABOUT 39 YEARS
WORKING AS ASSISTANT TEACHER
VIDYANIKETANA HIGH SCHOOL
VENKATESHA NAGARA, KALBURGI
GULBARGA DISTRICT-585 102
20. SRI. NAGAREDDY
S/O VITTALA REDDY
AGED ABOUT 54 YEARS
WORKING AS PHYSICAL EDUCATION
TEACHER, VIDYANIKETANA HIGH SCHOOL
VENKATESHA NAGARA, KALBURGI- 585 102
GULBARGA DISTRICT
21. SRI. LAKSHMANARAO H. PATILA
S/O HANUMANTHARAO
AGED ABOUT 50 YEARS
WORKING AS SECOND DIVISION ASSISTANT
VIDYANIKETANA HIGH SCHOOL
VENKATESHA NAGARA, KALBURGI
5
GULBARGA DISTRICT- 585 102
22. SRI. SYEDBASHA A. SHEIK
S/O ABDUL HAMED SHEIK
AGED ABOUT 41 YEARS
WORKING AS ASSISTANT TEACHER
SECAB MODERN KANNADA MEDIUM
HIGH SCHOOL, JALANAGARA CROSS,
JALANAGARA BIJAPUR- 586 109
23. SRI. ABDULKADAR G. GALAGALI
S/O GAIBUSAHEB K. GALAGALI
AGED ABOUT 57 YEARS
WORKING AS ASSISTANT TEACHER
SECAB MODERN KANNADA MEDIUM
HIGH SCHOOL, JALANAGARA CROSS,
JALANAGARA, BIJAPUR- 586 109
24. SRI. VISHWANATHA BASAPPA PUJARI
S/O BASAPPA G. PUJARI
WORKING AS KANNADA TEACHER
SECAB MODERN KANNADA MEDIUM HIGH
SCHOOL, JALANAGARA CROSS,
JALANAGARA, BIJAPUR- 586 109
25. SRI.ANNEPPA MAHARUDRAPPA MANAKOJI
S/O MAHARUDRAPPA
AGED ABOUT 48 YEARS
WORKING AS ASSISTANT TEACHER
SECAB MODERN KANNADA MEDIUM HIGH
SCHOOL JALANAGARA CROSS,
JALANAGARA, BIJAPUR- 586 109
26. SRI. JAGADISHA T. DEVAREDDY
S/O THIMMANAGOWDA
AGED ABOUT 35 YEARS
WORKING AS PHYSICAL EDUCATION
TEACHER, SECAB MODERN KANNADA
MEDIUM HIGH SCHOOL JALANAGARA
CROSS, JALANAGARA, BIJAPUR- 586 109
27. SRI. BISMILLA ALLABAKSHA SUBEDAR
S/O ALLABAKSHA SUBEDAR
6
AGED ABOUT 34 YEARS
WORKING AS ASSISTANT TEACHER
SECAB MODERN KANNADA MEDIUM HIGH
SCHOOL, JALANAGARA CROSS
JALANAGARA, BIJAPUR- 586 109
28. SRI. SIKANDAR R. NADAF
S/O RAJESABA
AGED ABOUT 36 YEARS
WORKING AS ASSISTANT TEACHER
SECAB MODERN KANNADA MEDIUM
HIGH SCHOOL JALANAGARA CROSS,
JALANAGARA, BIJAPUR- 586 109
29. SRI. KAMALESHA LAKSHAMANA BAJENTRI
S/O LAKSHAMANA YA BAJENTRI
AGED ABOUT 38 YEARS
WORKING AS DRAWING TEACHER
SECAB MODERN KANNADA MEDIUM HIGH
SCHOOL, JALANAGARA CROSS,
JALANAGARA, BIJAPUR- 586 109
30. SRI. FARVEZ S. JAHAGIRDHAR
S/O SAHEBA HAZARAT JAHAGIRDARA
AGED ABOUT 54 YEARS
WORKING AS SECOND DIVISION ASSISTANT
SECAB MODERN KANNADA MEDIUM
HIGH SCHOOL JALANAGARA CROSS,
JALANAGARA , BIJAPUR- 586 109
31. SURESH P. BIRADAR
S/O PARAGOND BIRADAR
AGED ABOUT 48 YEARS
WORKING AS ASSISTANT TEACHER
MALLIKARJUN HIGH SCHOOL TAJAPUR
HOBLI, BIJAPUR TALUKA & DISTRICT
32. PARAMESHWAR M. HIREMATH
S/O MALLAYYA HIREMATH
AGED ABOUT 46 YEARS
WORKING AS ARTS TEACHER
MALLIKARJUN HIGH SCHOOL TAJAPUR
HOBLI , BIJAPUR TALUKA & DISTRICT
7
33. VITTHAL S. KULKARNI
S/O SHRINIVASARAO
AGED ABOUT 50 YEARS
WORKING AS ASSISTANT TEACHER
MALLIKARJUN HIGH SCHOOL, TAJAPUR
HOBLI , BIJAPUR TALUKA & DISTRICT
34. SALEEM M. MANIYAR
S/O MOHAMMADSAB MANIYAR
WORKING AS HEAD MASTER
SRI SHIVASHARANI NIMBAKKA
HIGH SCHOOL HONNALLI,
BIJAPUR TALUKA & DISTRICT
35. PRAKASH S. KUMANI
S/O SIDRAMAPPA D. KUMANI
AGED ABOUT 35 YEARS
WORKING AS SECOND DIVISION ASSISTANT
SRI SHIVASHARANI NIMBAKKA
HIGH SCHOOL HONNALLI,
BIJAPUR TALUKA & DISTRICT
36. SHANKARAPPA SAJJAN
S/O SANNABASAPPA SAJJAN
AGED ABOUT 50 YEARS
WORKING AS HEAD MASTER
SRI SHIVASHARANI NIMBAKKA
HIGH SCHOOL HONNALLI,
BIJAPUR TALUKA & DISTRICT
37. PROMOD PATTAR
S/O NARAYANA PATTAR
AGED ABOUT 52 YEARS
WORKING AS ASSISTANT TEACHER
SRI SHIVASHARANI NIMBAKKA
HIGH SCHOOL HONNALLI,
BIJAPUR TALUKA & DISTRICT
38. BASANAGOUDA A. CHOUDHARI
S/O AYYANNA CHOUDHARI
AGED ABOUT 57 YEARS
WORKING AS ASSISTANT TEACHER
SRI SHARANA BASAVESHWARA
HIGH SCHOOL, BASAVANABAGEWADI
8
BIJAPUR DISTRICT
39. CHANDRASHEKAR M. GANIGER
S/O MALLAPPA GANIGER
AGED ABOUT 49 YEARS
WORKING AS ASSISTANT TEACHER
SRI SHARANA BASAVESHWARA
HIGH SCHOOL, BASAVANABAGEWADI
BIJAPUR DISTRICT
40. SMT. SUDHA S. KULKARNI
D/O SHAMRAO KULKARNI
AGED ABOUT 53 YEARS
WORKING AS ASSISTANT TEACHER
SRI SHARANA BASAVESHWARA
HIGH SCHOOL BASAVANABAGEWADI
BIJAPUR DISTRICT
41. SUNIL R. KULKARNI
S/O RAMRAO KULKARNI
AGED ABOUT 48 YEARS
WORKING AS ASSISTANT TEACHER
SRI SHARANA BASAVESHWARA
HIGH SCHOOL, BASAVANABAGEWADI
BIJAPUR DISTRICT
42. BASAVARAJ H KUNCHAGANUR
S/O HUCHCHAPPA
AGED ABOUT 55 YEARS
WORKING AS PHYSCIAL
EDUCATION TEACHER
SRI SHARANA BASAVESHWARA
HIGH SCHOOL, BASAVANABAGEWADI
BIJAPUR DISTRICT
43. BHIMARAY N. NAYKAR
S/O NAGAPPA G. NAYAKAR
AGED ABOUT 51 YEARS
WORKING AS DRAWING TEACHER
SRI SHARANA BASAVESHWARA
HIGH SCHOOL, BASAVANABAGEWADI
BIJAPUR DISTRICT
9
44. RUDRAGOUDA BIRADAR
S/O MALLAPPAGOUDA BIRADAR
AGED ABOUT 48 YEARS
WORKING AS SECOND DIVISION
ASSISTANT, SRI SHARANA BASAVESHWARA
HIGH SCHOOL, BASAVANABAGEWADI
BIJAPUR DISTRICT
45. SRI. HANUMANT P. DESHPANDE
S/O PRAHLAD DESHPANDE
AGED ABOUT 46 YEARS
WORKING AS ASSISTANT TEACHER
SRI SHIVA SHARANE NIMBEKKA
HIGH SCHOOL, HONNALLI, BIJAPUR
TALUK AND DISTRICT
...PETITIONERS
(BY SRI THYAGARAJA S. ADVOCATE FOR
SRI R. PADMANABHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY, DEPARTMENT OF
LAW AND PARLIMENTARY AFFAIRS
VIDHANA SOUDHA
BANGALORE- 560 001
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY, DEPARTMENT OF
HIGHER EDUCATION, M.S.BUILDING
BANGALORE- 560 001
3. THE ADDITIONAL COMMISIONER
FOR PUBLIC INSTRUCTIONS
DHARWAD, DHARWAD DISTRICT- 580 001
4. THE ADDITIONAL COMMISIONER
FOR PUBLIC INSTRUCTIONS, GULBARGA
DISTRICT GULBARGA- 585 101
10
5. THE DIRECTOR FOR PUBLIC INSTRUCTIONS
OFFICE OF THE ADDL. COMMISSIONER
FOR PUBLIC INSTRUCTIONS, DHARWAD
DISTRICT DHARWAD- 580 001
6. THE DIRECTOR FOR PUBLIC INSTRUCTIONS,
OFFICE AT ADDITIONAL COMMISSIONER
FOR PUBLIC INSTRUCTIONS, GULBARGA
DISTRICT GULBARGA- 585 101
7. THE DEPUTY DIRECTOR FOR
PUBLIC INSTRUCTIONS
BIJAPUR DISTRICT, BIJAPUR- 586 101
8. THE DEPUTY DIRECTOR FOR PUBLIC
INSTRUCTIONS, GULBARGA
DISTRICT GULBARGA- 585 101
...RESPONDENTS
(BY SRI A. SYED HABEEB, AGA)
THESE WRIT PETITIONS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THE PROVISIONS OF SECTION 3(1) AND (2) OF THE
KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT, 2014 VIDE ANNEXURE-W, PASSED BY THE 1ST
RESPONDENT AS UNCONSTITUTIONAL AND CONSEQUENTLY
STRUCK DOWN THE SAID PROVISIONS AS ULTRA VIRES OF
THE COSTITUTION OF INDIA ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
11
ORDER
With the consent of learned Advocates appearing for parties these writ petitions are taken-up and disposed of by this order.
2. Heard Sri Thyagaraj S., learned Advocate appearing on behalf of Sri R. Padmanbha for petitioners and Sri Syed Habeeb, learned Additional Government Advocate appearing for respondents. Perused the records.
3. It is the contention of learned Advocate appearing for petitioners that relief sought for by petitioners in these writ petitions for declaring the provisions of Section 3(1) and (2) of Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and Other Benefits) Act, 2014 as unconstitutional and ultra-virus to Constitution of India is similar to the one sought for in W.P.No.21216/2014 12 and connected matters and said writ petitions having been allowed by the Court by judgment dated 10.07.2015, petitioners are entitled for similar relief in these writ petitions. Hence, he prays for similar order being passed.
4. Learned Additional Government Advocate would submit that order passed in W.P.No.21216/2014 and connected matters is now pending in Writ Appeal No.2476/2015 and connected matters and as such these writ petitions may be disposed of subject to result of writ appeals filed by respondents - State.
5. It is not in dispute that subsequent to order passed by this Court in W.P.No.21216/2014 and connected matters, similarly placed persons had approached this Court in W.P.No.48622/2015 and coordinate Bench of this Court has disposed of those writ petitions by noticing the order passed by Division Bench in W.A.No.2476/2015 and connected matters on 13 27.11.2015. It came to be ordered by the Division Bench to the following effect:
"Insofar as the in-service respondents are concerned, we record the statement of the learned Advocate General that the State shall go on paying their current emoluments in terms of the re-fixation, subject, however, to the result of the writ appeals. However, they are restrained from initiating any recovery proceedings for recovery of the arrears of pay."
6. It could be seen from the above order that learned Division Bench of this Court has recorded the statement of learned Advocate General that State would go on paying their current salary or emoluments in terms of re-fixation subject to result of writ appeals.
7. Thus, taking into consideration that learned Advocate General has made a submission before Division Bench of this Court and in the light of judgment passed by this Court in Dr.(Ms) B.K.Naik's 14 case referred supra, this Court directs the State to re-fix the pay-scale of the petitioners and continue to pay their current salary in terms of re-fixation. However, it is made explicitly clear that re-fixation of pay-scale and payment thereof would be subject to result of writ appeals pending before Division Bench of this Court in W.A.Nos.2476/2015 and connected matters.
With this observation, these writ petitions stand disposed of.
Sd/-
JUDGE Srt