Karnataka High Court
H M Shambulingaiah vs The State Of Karnataka on 22 January, 2014
Author: B.Sreenivase Gowda
Bench: B. Sreenivase Gowda
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 22ND DAY OF JANUARY, 2014
BEFORE
THE HON'BLE MR.JUSTICE B. SREENIVASE GOWDA
WRIT PETITION NOS.85372-85380/2013 (S-RES)
BETWEEN
1. H M SHAMBULINGAIAH,
S/O. H M GURUSHANTHA SHASTRY,
AGE: 56 YEARS, OCC: ASST. TEACHER
R/O. HIREMUGADUR, TQ: SAVANUR
DIST: HAVERI.
2. H M VEERAIAH,
S/O. H M PANCHAKSHARAIAH
AGE: 56 YEARS, OCC: ASST. TEACHER
R/O. HIREMUGADUR, TQ: SAVANUR DIST: HAVERI.
3. SHIVAYOGI,
S/O. GURUBASAIAH CHARANTIMATH,
AGE: 53 YEARS, OCC: ASST. TEACHER.
R/O. HIREMUGADUR, TQ: SAVANUR DIST: HAVERI
4. B M VEERAIAH,
S/O. B M CHANDRAMOULESHWARIAH,
AGE: 53 YEARS, OCC: ASST. TEACHER.
R/O. HIREMUGADUR, TQ: SAVANUR.
DIST: HAVERI.
5. NAGANAGOUDA,
S/O. MARIGOUDA PATIL,
AGE: 48 YEARS, OCC: P E. TEACHER
R/O. HIREMUGADUR, TQ: SAVANUR
DIST: HAVERI.
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6. VEERABHADRAYYA,
S/O. SHAMBAYYA HIREMATH
AGE: 50 YEARS,
OCC: MUSIC TEACHER
R/O. HIREMUGADUR, TQ: SAVANUR
DIST: HAVERI.
7. PRAKASH S/O. SHANKARAGOUDA PUTTAMALLAPPANAVAR
SINCE DECEASED BY HIS LR'S
SMT.ARUNDHATHI W/O. LATE PRAKASH
PUTTAMALLAPPANAVAR,
AGE: 48 YEARS,
OCC:HOUSEHOLD WORK.
R/O HIREMUGADUR,
TQ: SAVANUR, DIST: HAVERI.
8. MAILAPPA S/O. NINGAPPA KELAGERI
AGE: 57 YEARS, OCC: PEON
R/O. HIREMUGADUR, TQ: SAVANUR
DIST: HAVERI.
9. SHEKHAPPA,
S/O. BASAVANNEPPA GUDAGERI,
AGE: 47 YEARS, OCC: ASST. TEACHER
R/O. HIREMUGADUR, TQ: SAVANUR
DIST: HAVERI. ... PETITIONERS
(BY SRI. P G MOGALI, ADV.)
AND
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO THE DEPARTMENT OF
PRIMARY AND SECONDARY EDUCATION
SACHIVALAYA-II, MULTI STOREYED BUILDING,
BANGALORE-1.
2. THE COMMISSIONER FOR PUBLIC EDUCATION,
NRUPATUNGA ROAD, BANGALORE-1.
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3. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS,
HAVERI, TQ & DIST:HAVERI
4. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS,
BELLARY, TQ & DIST: BELLARY
5. THE MANAGEMENT OF TEGGINAMATH
ARTS & EDUCATIONAL SOCIETY
HARAPANAHALLI, TQ: HARAPANAHALLI,
DIST: BELLARY
BY ITS SECRETARY.
6. SRI TEGGINAMATH ARTS & EDUCATIONAL
SOCIETY, HIGH SCHOOL,
HIREMUGADUR
AT: HIREMUGADUR, TQ: SAVANUR
DIST: HAVERI,
BY ITS HEAD MASTER.
7. THE G H NAIK HIGH SCHOOL KOMARANAHALLI,
AT: KOMARANAHALLI,
TQ: HARAPANAHALI,
DIST: BELLRY
BY ITS HEAD MASTER. ... RESPONDENTS
(BY SRI. VINAYAK S. KULKARNI, HCGP)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 &
227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
CONDITION NO.1 IMPOSED IN ORDER DATED 08/09/1995 VIDE
ANNEXURE-A ISSUED BY RESPONDENT NO.1 OR DECLARE THE
SAID CONDITION AS NULL AND VOID BEING UNCONSTITUTIONAL
IN SO FAR IT RELATES TO THE PETITIONERS AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Although these matters are listed for preliminary hearing, with the consent of the learned Counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the State and its authorities, matters are disposed of finally as the same are covered by several judgments of this Court and of the Apex Court passed in such and similar cases.
2. The petitioners in these petitions who belong to teaching and non-teaching staff of Educational Institutions run by Private Managements have preferred these writ petitions seeking a Writ of Certiorari to quash Condition No.1 imposed in the order passed by the 1st respondent dated 08-09-1995 as per Annexure- `A' and to issue a Writ of Mandamus directing the respondents to reckon and count the services rendered by them from the date of their initial appointment upto the date of approval of their appointment with grant-in-aid facility for the :5: purpose of fixation of initial pay, seniority, promotion, increment and pensionary benefit and to consider their representation for extending the aforesaid benefits to them in the light of the earlier Judgments of this Court.
3. The learned Counsel for the petitioners submits, the issue involved in these petitions is fully covered by several judgments of this Court and a few of such judgments are cited hereunder :
(i) W.A.Nos.848/2008 and connected cases disposed of on 3-11-2009 - PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA AND OTHERS vs. NAGEGOWDA AND OTHERS.
(ii) W.P.Nos. 37250-37254/2010 disposed of on 2-
12-2010 - K.C.PRAKASH AND OTHERS vs. STATE OF KARNATAKA AND OTHERS.
(iii) W.P.Nos. 66892-66910/2011 disposed of on 19-10-11 - A.ANANDA AND OTHERS vs. STATE OF KARNATAKA AND OTHERS.
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4. Learned High Court Government Pleader for the State does not dispute the said fact.
5. The submissions made by the learned Counsel for the parties are placed on record.
Accordingly, the writ petitions are allowed with the following directions :
(i) Condition No.1 imposed in impugned order dated 08.09.1995 vide Annexure-A in so far as it relates to the petitioners is quashed.
(ii) Writ of Mandamus is issued directing the State and its authorities to consider the representations made by the petitioners in terms of the decisions referred to supra within four months from the date of receipt of a copy of this order.
(iii) If representation/s are not made by the petitioners, they are given liberty to make detailed representation/s in this regard within one month from the date of receipt of a copy of this order. and if such representations are :7: made, the State and its authorities shall consider and dispose of the same within three months from the date of receipt of such representation/s in the light of the decisions of this Court rendered in the aforesaid cases.
No order as to costs.
SD/-
JUDGE sub/-