Karnataka High Court
Sri. Mahantayya Gadigeyya Hiremath vs The State Of Karnataka on 15 November, 2012
Author: A.S.Bopanna
Bench: A.S.Bopanna
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 15TH DAY OF NOVEMBER, 2012
BEFORE
THE HON'BLE MR.JUSTICE A.S.BOPANNA
WRIT PETITIONS No.69940-69996/2012 (S-RES)
BETWEEN:
1. SRI.MAHANTAYYA GADIGEYYA HIREMATH
AGE: 61 YEARS, WORKED AS HEAD MASTER IN
TAVANAPPA AVALAKKI, HIGH SCHOOL,
DEVAGAON, TQ: BAILHONGAL,
DIST: BELGAUM, BELGAUM
2. SRI.PRAKASH GOVIND JOSHI
AGE: 56 YEARS, WORKING AS ASSISTANT
TEACHER IN TAVANAPPA AVALAKKI,
HIGH SCHOOL, DEVAGAON,
TQ: BAILHONGAL, DIST: BELGAUM
BELGAUM
3. SRI.KRISHNA HANAMANT MALAKHA
AGE: 54 YEARS, WORKING AS PHYSICAL
EDUCATION TEACHER IN TAVANAPPA AVALAKKI,
HIGH SCHOOL, DEVAGAON,
TQ: BAILHONGAL, DIST: BELGAUM
BELGAUM
4. SRI.YAMANAPPA GONDEPPA DIBBADAMANI
AGE: 54 YEARS, WORKING AS ASSISTANT
TEACHER IN TAVANAPPA AVALAKKI,
HIGH SCHOOL, DEVAGAON,
TQ: BAILHONGAL, DIST: BELGAUM
BELGAUM
5. SRI.DHARMARAJ PARASHURAM CHAVALAGI
AGE: 56 YEARS, WORKING AS ASSISTANT
2
TEACHER IN TAVANAPPA AVALAKKI,
HIGH SCHOOL, DEVAGAON,
TQ: BAILHONGAL, DIST: BELGAUM
BELGAUM
6. SRI.MALLAYYA CHANNAYYA HIREMATH
AGE: 55 YEARS, WORKING AS ASSISTANT
TEACHER IN TAVANAPPA AVALAKKI,
HIGH SCHOOL, DEVAGAON,
TQ: BAILHONGAL, DIST: BELGAUM
BELGAUM
7. SRI.SUBHASH GURUSIDDAPPA GANGAVATHI
AGE: 55 YEARS, WORKING AS CRAFT
TEACHER IN TAVANAPPA AVALAKKI,
HIGH SCHOOL, DEVAGAON,
TQ: BAILHONGAL, DIST: BELGAUM
BELGAUM
8. SRI.KUMAR BASAVAPRABHU ARALIMARAD
AGE: 56 YEARS, WORKING AS CLERK
IN TAVANAPPA AVALAKKI,
HIGH SCHOOL, DEVAGAON,
TQ: BAILHONGAL, DIST: BELGAUM
BELGAUM
9. SRI.GURUPUTRAPPA B. KAMBARGANAVI
AGE: 58 YEARS, WORKING AS A PEON
IN TAVANAPPA AVALAKKI,
HIGH SCHOOL, DEVAGAON,
TQ: BAILHONGAL, DIST: BELGAUM
BELGAUM
10. SRI.BASAPPA DURGAPPA HARIJAN
AGE: 47 YEARS, WORKING AS A PEON
IN TAVANAPPA AVALAKKI,
HIGH SCHOOL, DEVAGAON,
TQ: BAILHONGAL, DIST: BELGAUM
BELGAUM
3
11. SRI.RUDRAPPA YALLAPPA DUGGANI
AGE: 70 YEARS, WORKED AS HEAD MASTER
IN TAVANAPPA AVALAKKI,
HIGH SCHOOL, DEVAGAON,
TQ: BAILHONGAL, DIST: BELGAUM
BELGAUM
12. SRI.JAWAHAR JAGADEVAPPA DUGGANI
AGE: 64 YEARS, WORKED AS ASSISTANT
TEACHER IN TAVANAPPA AVALAKKI,
HIGH SCHOOL, DEVAGAON,
TQ: BAILHONGAL, DIST: BELGAUM
BELGAUM
13. SRI.MAHADEV BASAPPA GIRIYAL
AGE: 62 YEARS, WORKING AS CLERK IN
IN TAVANAPPA AVALAKKI,
HIGH SCHOOL, DEVAGAON,
TQ: BAILHONGAL, DIST: BELGAUM
BELGAUM
14. SRI.ABDULKAREEM M. LODI
AGE: 59 YEARS, WORKING AS HEAD MASTER
IN R.E.S. HIGH SCHOOL, SAMPAGAON
TQ: BAILHONGAL, DIST: BELGAUM
BELGAUM
15. SRI.M.Y. RAWOOL
AGE: 56 YEARS, WORKING AS A ASSISTANT T
TEACHER IN R.E.S. HIGH SCHOOL
SAMPAGAON, TQ: BAILHONGAL,.
DIST: BELGAUM BELGAUM
16. SRI.P.B. GURUPUTRANAVAR
AGE: 56 YEARS, WORKING AS PEON IN
R.E.S. HIGH SCHOOL
SAMPAGAON, TQ: BAILHONGAL,.
DIST: BELGAUM
BELGAUM
4
17. SRI.B.S. SIDNAL
AGE: 56 YEARS, WORKING AS CLERK IN
R.E.S. HIGH SCHOOL
SAMPAGAON, TQ: BAILHONGAL,.
DIST: BELGAUM BELGAUM
18. SRI.P.A. HUNASIKATTI
AGE: 55 YEARS, WORKING AS PEON IN
R.E.S. HIGH SCHOOL
SAMPAGAON, TQ: BAILHONGAL,.
DIST: BELGAUM BELGAUM
19. SRI.K.K. HARUGOPPA
AGE: 65 YEARS, WORKED AS HEAD MASTER
R.E.S. HIGH SCHOOL
SAMPAGAON, TQ: BAILHONGAL,.
DIST: BELGAUM BELGAUM
20. SRI.B.S. PATIL
AGE: 62 YEARS, WORKED AS ASSISTANT
TEACHER IN R.E.S. HIGH SCHOOL
SAMPAGAON, TQ: BAILHONGAL,.
DIST: BELGAUM BELGAUM
21. SRI.M.V. SANNAVEERAPPANAVAR
AGE: 76 YEARS, WORKED AS PHYSICAL
EDUCATION TEACHER IN R.E.S. HIGH SCHOOL
SAMPAGAON, TQ: BAILHONGAL,.
DIST: BELGAUM, BELGAUM
22. SRI.S.S. KUMBAR
AGE: 51 YEARS, WORKING AS CRAFT
TEACHER IN R.E.S. HIGH SCHOOL
SAMPAGAON, TQ: BAILHONGAL,.
DIST: BELGAUM, BELGAUM
23. SRI.N.K. SANGRESHAKOPPA
AGE: 55 YEARS, WORKING AS ASSISTANT
TEACHER IN DR. J.C.N. HIGH SCHOOL
AMBADAGATTI, TQ: BAILHONGAL,
5
DIST: BELGAUM, BELGAUM
24. SRI.B.Y. KADROLLI
AGE: 55 YEARS, WORKING AS ASSISTANT
TEACHER IN DR. J.C.N. HIGH SCHOOL
AMBADAGATTI, TQ: BAILHONGAL,.
DIST: BELGAUM
BELGAUM
25. SRI.S.D. BULBULE
AGE: 48 YEARS, WORKING AS A CRAFT
TEACHER IN DR. J.C.N. HIGH SCHOOL
AMBADAGATTI, TQ: BAILHONGAL,.
DIST: BELGAUM
BELGAUM
26. SRI.N.S. HITTALAMANI
AGE: 48 YEARS, WORKING AS A ATTENDER IN
DR. J.C.N. HIGH SCHOOL
AMBADAGATTI, TQ: BAILHONGAL,.
DIST: BELGAUM
BELGAUM
27. SRI.A.B. MIRJI
AGE: 67 YEARS, WORKED AS HEAD MASTER IN
NEW GIRLS HIGH SCHOOL MUDHOL,
TQ: MUDHOL, DIST: BAGALKOT
BAGALKOT
28. SRI.S.B. ULLAGADDI
AGE: 65 YEARS, WORKED AS HEAD MASTER IN
NEW GIRLS HIGH SCHOOL MUDHOL,
TQ: MUDHOL, DIST: BAGALKOT
BAGALKOT
29. SRI.S.B. NAVALAGI
AGE: 70 YEARS, WORKED AS ASSISTANT
TEACHER IN NEW GIRLS HIGH SCHOOL MUDHOL,
TQ: MUDHOL, DIST: BAGALKOT
BAGALKOT
6
30. SRI.M.V. DASARADDI
AGE: 63 YEARS, WORKED AS PHYSICAL
EDUCATION TEACHER IN
NEW GIRLS HIGH SCHOOL MUDHOL,
TQ: MUDHOL, DIST: BAGALKOT
BAGALKOT
31. SMT.G.S. JIGALUR
AGE: 57 YEARS, WORKING AS HEAD MASTER IN
NEW GIRLS HIGH SCHOOL MUDHOL,
TQ: MUDHOL, DIST: BAGALKOT
BAGALKOT
32. SRI.R.V. VASANAD
AGE: 53 YEARS, WORKING AS PHYSICAL
EDUCATION TEACHER IN
NEW GIRLS HIGH SCHOOL MUDHOL,
TQ: MUDHOL, DIST: BAGALKOT
BAGALKOT
33. SRI.B.R. BIRADAR PATIL
AGE: 52 YEARS, WORKING AS LIBRARIAN IN
NEW GIRLS HIGH SCHOOL MUDHOL,
TQ: MUDHOL, DIST: BAGALKOT
BAGALKOT
34. SRI.R.K. DASAR
AGE: 51 YEARS, WORKING AS PEON IN
NEW GIRLS HIGH SCHOOL MUDHOL,
TQ: MUDHOL, DIST: BAGALKOT
BAGALKOT
35. SRI.S.P. KADAHATTI
AGE: 54 YEARS,WORKING AS VICE PRINCIPAL
BHARATESH CAMP, P.U COLLEGE,
BELLAD, BAGEWADI,
TQ: HUKKERI, DIST: BELGAUM
BELGAUM
36. SMT.S.M. CHULAJANNAVAR
AGE: 54 YEARS,WORKING AS ASSISTANT
7
TEACHER IN BHARATESH CAMP,
P.U COLLEGE, BELLAD, BAGEWADI,
TQ: HUKKERI, DIST: BELGAUM
BELGAUM
37. SRI.S.B. REGOUDAR
AGE: 58 YEARS,WORKING AS ASSISTANT
TEACHER IN BHARATESH COMP,
P.U COLLEGE, BELLAD, BAGEWADI,
TQ: HUKKERI, DIST: BELGAUM
BELGAUM
38. SRI.L.S. MALAGANV
AGE: 55 YEARS,WORKING AS ASSISTANT
TEACHER IN BHARATESH COMP,
P.U COLLEGE, BELLAD, BAGEWADI,
TQ: HUKKERI, DIST: BELGAUM
BELGAUM
39. SRI.B.K. SAPTASAGAR
AGE: 48 YEARS,WORKING AS ASSISTANT
TEACHER IN BHARATESH COMP,
P.U COLLEGE, BELLAD, BAGEWADI,
TQ: HUKKERI, DIST: BELGAUM
BELGAUM
40. SRI.J.P. MUNNOLI
AGE: 46 YEARS,WORKING AS ASSISTANT
TEACHER IN BHARATESH COMP,
P.U COLLEGE, BELLAD, BAGEWADI,
TQ: HUKKERI, DIST: BELGAUM
BELGAUM
41. SRI.N.B. TERDAL
AGE: 49 YEARS,WORKING AS ASSISTANT
TEACHER IN BHARATESH COMP,
P.U COLLEGE, BELLAD, BAGEWADI,
TQ: HUKKERI, DIST: BELGAUM
BELGAUM
8
42. SRI.P.A. HARADI
AGE: 59 YEARS,WORKING AS LIBRARY ASST.
TEACHER IN BHARATESH COMP,
P.U COLLEGE, BELLAD, BAGEWADI,
TQ: HUKKERI, DIST: BELGAUM
BELGAUM
43. SRI.S.B. MUNNOLI
AGE: 47 YEARS,WORKING AS ASSISTANT
TEACHER IN BHARATESH VIDYALAYA,
BELLAD, BAGEWADI,
TQ: HUKKERI, DIST: BELGAUM
BELGAUM
44. SRI.S.A. HALAKARNI
AGE: 44 YEARS,WORKING AS ASSISTANT
TEACHER IN BHARATESH VIDYALAYA,
BELLAD, BAGEWADI,
TQ: HUKKERI, DIST: BELGAUM
BELGAUM
45. SRI.I.B. MURAGOD
AGE: 69 YEARS,WORKED AS HEAD MASTER
CHINTAMANI PAVATE HIGH SCHOOL,
MAMADAPUR, TQ: GOKAK,
DIST: BELGAUM
BELGAUM
46. SRI.M.P. KONNUR
AGE: 62 YEARS,WORKED AS HEAD MASTER
CHINTAMANI PAVATE HIGH SCHOOL,
MAMADAPUR, TQ: GOKAK,
DIST: BELGAUM
BELGAUM
47. SRI.M.S. MURAGOD
AGE: 51 YEARS,WORKING AS ASSISTANT
TEACHER, CHINTAMANI PAVATE HIGH SCHOOL,
MAMADAPUR, TQ: GOKAK,
DIST: BELGAUM , BELGAUM
9
48. SRI.M.N. GANAGI
AGE: 64 YEARS,WORKED AS A HEAD MASTER
CHINTAMANI PAVATE HIGH SCHOOL,
MAMADAPUR, TQ: GOKAK,
DIST: BELGAUM
BELGAUM
49. SRI.V.S. SIDNAL
AGE: 61 YEARS,WORKED AS A LAB ATTENDER
CHINTAMANI PAVATE HIGH SCHOOL,
MAMADAPUR, TQ: GOKAK,
DIST: BELGAUM
BELGAUM
50. SRI.M.A. KATAKOL
AGE: 60 YEARS,WORKED AS A CRAFT TEACHER
CHINTAMANI PAVATE HIGH SCHOOL,
MAMADAPUR, TQ: GOKAK,
DIST: BELGAUM
BELGAUM
51. SRI.L.P. PATIL
AGE: 64 YEARS,WORKED AS A HEAD MASTER
CHINTAMANI PAVATE HIGH SCHOOL,
MAMADAPUR, TQ: GOKAK,
DIST: BELGAUM
BELGAUM
52. SRI.C.D. ARALIMATTI
AGE: 74 YEARS,WORKED AS A PEON IN
CHINTAMANI PAVATE HIGH SCHOOL,
MAMADAPUR, TQ: GOKAK,
DIST: BELGAUM
BELGAUM
53. SRI.B.N. NARAGUNAVAR
AGE: 51YEARS,WORKING AS ASSISTANT
TEACHER CHINTAMANI PAVATE HIGH SCHOOL,
MAMADAPUR, TQ: GOKAK,
DIST: BELGAUM , BELGAUM
10
54. SRI.I.F. BASARIKOTTI
AGE: 54 YEARS,WORKING AS ASSISTANT
TEACHER IN INDIRA PRIYADARSHINI URDU
HIGH SCHOOL SAVADATTI,
TQ: SAVADATTI, DIST: BELGAUM
BELGAUM
55. SRI.S.A. KAJI
AGE: 56 YEARS,WORKING AS PHYSICAL
EDUCATION TEACHER IN INDIRA PRIYADARSHIN
URDU HIGH SCHOOL SAVADATTI,
TQ: SAVADATTI, DIST: BELGAUM
BELGAUM
56. SRI.M.D. DODAWAD
AGE: 52 YEARS,WORKING AS CLEARK IN
INDIRA PRIYADARSHINI URDU HIGH SCHOOL
SAVADATTI,
TQ: SAVADATTI, DIST: BELGAUM
BELGAUM
57. SRI.I. M. BETAGERI
AGE: 62 YEARS,WORKED AS CLEARK IN
INDIRA PRIYADARSHINI URDU HIGH SCHOOL
SAVADATTI, TQ: SAVADATTI, DIST: BELGAUM
...PETITIONERS
(BY SRI. P.G.CHIKKANARAGUND, ADV.)
AND:
1. THE STATE OF KARNATAKA
R/BY ITS SECRETARY
DEPARTMENT OF EDUCATION,
M.S. BUILDING, BANGALORE
BANGALORE CITY
2. THE COMMISSIONER FOR
PUBLIC INSTRUCTIONS,
COLLEGE ROAD, DHARWAD
DHARWAD
11
3. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS,
BELGAUM, DIST: BELGAUM
BELGAUM
4. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS,
BAGALKOT, DIST: BAGALKOT
BAGALKOT
5. THE BLOCK EDUCATION OFFICER
BAILHONGAL, TQ: BAILHONGAL
DIST: BAGALKOT
BAGALKOT
6. THE BLOCK EDUCATION OFFICER
MUDHOL, TQ: MUDHOL,
DIST: BAGALKOT
BAGALKOT
7. THE BLOCK EDUCATION OFFICER
GOKAK, TQ: GOKAK,
DIST: BELGAUM, BELGAUM
8. THE BLOCK EDUCATION OFFICER
HUKKERI, TQ: HUKKERI
DIST: BELGAUM
BELGAUM
9. THE BLOCK EDUCATION OFFICER
SAUNDATTI, TQ: SAUNDATTI,
DIST: BELGAUM
10. THE ACCOUNTANT GENERAL
IN KARNATAKA (ENTITLEMENT & ACCOUNTS)
PARK HOUSE, BANGALORE
BANGALORE CITY
...RESPONDENTS
(BY, SMT. MEGHA C. KOLEKAR, HCGP)
12
THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ENDORSEMENT/GOVERNMENT ORDER DATED
28.12.2010 AND ORDER DATED 10.08.2011 PASSED BY THE 1ST
RESPONDENT VIDE ANNEXURE - G AND H, IN SO FAR AS
PETITIONER NOS.27 TO 53 IS CONCERNED AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: -
ORDER
The petitioners are before this Court seeking for issue of writ of certiorari to quash the impugned endorsement / Government Order dated 28.12.2010 and order dated 10.08.2011 which are impugned at Annexures-G and H to the petition. The petitioners have also sought for issue of mandamus to direct the respondents to extend the benefit of the Karnataka Civil Services (Service and Kannada Language Examination) Rules, 1974 r/w Circular dated 03.11.2000 and 12.09.2001.
2. The case of the petitioners is that, they are working as teaching and non-teaching staff in the institution, which is admitted to grant-in-aid. It in that circumstance, the petitioners contend that they are entitled to the increment 13 for having passed the Kannada examination as one of the languages. In that regard, the petitioners contend that they are entitled to the benefit and they were before this Court when such request made by the petitioners had not been considered by the respondents. Though the petitions were disposed of with a direction to the respondents to consider and dispose of the representations, the respondents without keeping in view the legal position in that regard have rejected the claim by the impugned endorsement / orders. Hence, the petitioners have sought for the said benefit. It is also the case of the petitioners that, in the similar set of circumstances, several other teaching and non-teaching staff working in the institutions admitted to grant-in-aid have been granted the benefit and therefore the same be granted to the petitioners.
3. Though the learned Government Advocate seeks to oppose the petition by contending that the petitioners would not be entitled to such benefit inasmuch as there was no compulsion for the petitioners to pass such Kannada 14 examination or such benefits extended in all cases, the said issue does not require detailed consideration inasmuch as the very same issue had arisen for consideration in W.P.Nos.19846-20413/2012 which were disposed of on 10.08.2012. While disposing of the said petitions, the persons who were similarly placed as that of the petitioners herein were before this Court and this Court after adverting to the decisions of the Division Bench of this Court and also that of the Hon'ble Supreme Court had taken note of similar contentions advanced on behalf of the respondents and had held that the petitioners therein are entitled to the relief. Therefore, the said decision would be squarely applicable to the facts of the instant case.
4. Accordingly, the impugned endorsement / orders at Annexures-G and H stand quashed. It is held that the petitioners herein are also entitled to the benefits as granted to the petitioners in W.P.Nos. 19846-20413/2012 disposed of on 10.08.2012. Hence, a direction is issued to the 15 respondents to grant the benefit to the petitioners herein in terms of the said order.
5. Accordingly, these petitions are also stand disposed of in similar terms as done in W.P.Nos. 19846- 20413/2012 referred to supra. No costs.
Sd/-
JUDGE MBS/-