Karnataka High Court
The Principal Secretary To Government vs Prof J. L. Padmanabha on 30 March, 2017
Bench: Chief Justice, P.S.Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MARCH, 2017
PRESENT
THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE,
CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
WRIT APPEAL NO. 335 OF 2017 (S-R) AND
WRIT APPEAL NOs.394-414 OF 2017 (S-R)
BETWEEN
1. THE PRINCIPAL SECRETARY TO GOVERNMENT
DEPT. OF EDUCATION (HIGHER EDUCATION),
M.S. BUILDING,
BANGALORE-560 001.
2. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT
DEPARTMENT OF FINANCE,
VIDHANA SOUDHA,
BANGALORE-560 001.
3. THE JOINT DIRECTOR
SHIMOGA DIVISION,
EDUCATION DEPARTMENT,
SHIMOGA.
... APPELLANTS
(BY SRI V SREENIDHI, ADDL.GOVERNMENT
ADVOCATE)
2
AND
1. PROF J. L. PADMANABHA
AGED 68 YEARS
S/O LOKAIAH GOWDA J
RETD. PRINCIPAL
1ST CROSS, 1ST MAIN
RAJENDRANAGAR
SHIMOGA-577 202
2. DR. C. S. NANJUNDAIAH
S/O C. S. SUBBARAO
AGED ABOUT 67 YEARS,
ACHCHODA, 5TH CROSS
BASAVANAGUDI
SHIMOGA-577201
3. SRI. K. NAGAPPA URAL
S/O MAHABALA URAL
AGED ABOUT 67 YEARS
VANASUMA, AZAD ROAD
THIRTHAHALLI
SHIMOGA DISTRICT-577432
4. SRI N S BAPAT
S/O SRI S B BAPAT
AGED ABOUT 65 YEARS
KRAPAVANA, F-131,
4TH MAIN, 4TH CROSS,
GOPALE GOWDA NAGAR
SHIMOGA-57705
5. DR J K RAMESHA
S/O KOLLANNA GOWDA
AGED ABOUT 67 YEARS
CHAKARA, 12TH CROSS,
SOPPUGUDDE
THIRTHAHALLI
3
SHIMOGA-577432
6. PROF. D. SATHYANARAYANA
S/O LATE S Y DURGAPPA
AGED ABOUT 66 YEARS
RETD. PRINCIPAL
SHARAVATHI FIRST GRADE COLLEGE
NO. 116, SWATHI, LBS NAGARA
SHIMOGA-577204
7. SRI. B. S. NAGARAJ
S/O SRINIVASA B N
AGED ABOUT 66 YEARS
RAGHAVENDRA EXTENSION
THIRTHAHALLI-577432
8. SRI. H. R. NARAYANA MURTHY
S/O H. RAMAPPA
AGED ABOUT 66 YEARS
"GRANTHANA", BALEBYLU
THIRTHAHALLI-577 432
9. DR. S. THIMMAIAH NAIDU
S/O S. RANGAPPA
AGED ABOUT 66 YEARS
"NALANDA", 5TH CROSS
OPP: CHURCH, 60 FT. ROAD
VINOBHANAGARA
SHIVAMOGA-577 203.
10. SRI A CHANDRASHEKHARA
S/O AYADA SATYANARAYANAPPA
AGED 66 YEARS
HAREGOPPA VILLAGE
KELADI POST, SAGAR TALUK
SHIMOGA-577401
4
11. SRI JAGADEESH
S/O SRI D K SHANKARAPPA GOWDA
AGED 65 YEARS
VAGDEVI NILAYA, MILL KERI
KUVEMPU ROAD
THIRTHAHALLI
SHIMOGA-577432
12. SRI V SHIVARUDRAPPA
S/O VEERABHADRAPPA
AGED ABOUT 65 YEARS
SONDE KOLA
CHITRADURGA TALUK AND DISTRICT
13. SRI ANANTHARAMA
S/O SHANKARNARAYANA ADIGA
AGED ABOUT 65 YEARS
ACHARYA TULSI NATIONAL COLLEGE
OF COMMERCE
SHIMOGA-577 203.
14. SRI B M HOSUR
S/O LATE M B HOSUR
AGED 65 YEARS
TULASI, DVS COLONY
NAVILE
SHIMOGA-577204
15. PROF H A ABDUL REHAMAN
S/O RAHAMATHULLA
ASSOCIATE PROFESSOR
AHIYANA, OPP. RAMAKRISHNA
HIGH SCHOOL
GOPALA EXTENSION
SHIMOGA-577 203.
16. SRI M H CHANDRAPPA
S/O B HANUMANTHAPPA
5
AGED ABOUT 63 YEARS
131, I MAIN, II STAGE, II BLOCK,
VINOBHANAGAR
SHIMOGA-577 203.
17. DR MAHESH ANAND GOUDAR
S/O ANANDA DEVAYYA GOUDAR
AGED 63 YEARS
17/3, VEERABHADRESHWARA NILAYA
I CROSS, II B PARALLEL ROAD
GANDHINAGAR
SHIMOGA-577201
18. DR K SRIKANTA
AGED ABOUT 69 YEARS
NO. 12, TAKSHASHILA
JAIL ROAD, III CROSS
SHIMOGA-577201
19. DR T N SHANKARANARAYANA
AGED ABOUT 69 YEARS
S/O T S NANJUND PRATIBHA,
I CROSS, ARB COLONY
ASHOKANAGAR
SHIMOGA-577201
20. DR V P VAIDYA
S/O PANDURANG VAIDYA
AGED ABOUT 67 YEARS
ASHWINI, II CROSS
VIDYANAGAR
SHIMOGA-577203
21. SRI B J KUMBAR
S/O D JAKKAPPA
AGED 66 YEARS
"PRAGATHI", MALAPUR ROAD
DHARWAD-580808
6
22. SRI S R GANGADHARAPPA
S/O H S RUDRAPPA
AGED ABOUT 66 YEARS
1355,OPP. KARNATAKA BANK
SAULANG ROAD
SHIMOGA-577 202.
23. THE REGISTRAR
KUVEMPU UNIVERSITY,
Y SAYADI,SHANKARGHATT
SHIMOGA-577 451
24. THE GOVT. OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF HUMAN RESOURCES
AND HIGHER EDUCATION
NEW DELHI-110 001.
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER PASSED IN THE WRIT PETITION 56573-594/2014
DATED 7/10/2015.
THESE APPEALS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE CHIEF JUSTICE DELIVERED THE
FOLLOWING:
7
JUDGMENT
These appeals are filed belatedly challenging the order dated October 7, 2015 passed in a batch of writ petitions. The delay is of 440 days.
2. The Hon'ble Single Judge passed an interim order following a decision of this court in the case of Dr.Shankar N.Holihosur and Babajan Badesab Nandyal and Others versus State of Karnataka and Others (Writ Petition Nos.112957-113040 of 2014 and Writ Petition Nos.113041-113050 of 2014 decided on February 5, 2015). The said order has not been challenged and has become final.
3. The Hon'ble Single Judge observed that the relief for financial benefits under the revised pay scale of University Grants Commission has been no longer res integra. Therefore, the Hon'ble Single Judge granted liberty to the State to contest the petition insofar as the other reliefs were concerned, but by way of the interim 8 order, directed payment of arrears of salary in terms of the decision in the case of Dr.Shankar H.Holihosur (supra).
4. We do not find any merit in the writ appeals. They are, therefore, dismissed.
5. Consequently, the application seeking for condonation of delay is, also, dismissed.
6. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE vgh*