Karnataka High Court
Jagadish K Hiremath vs The State Of Karnataka on 13 June, 2019
Bench: L.Narayana Swamy, R Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2019
:PRESENT:
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY
AND
THE HON'BLE MR. JUSTICE R.DEVDAS
WRIT PETITION NOs.6809-6827/2018(S-KSAT)
C/W
WRIT PETITION NOs.17738-17744/2018,
27246/2018,30362-30378/2018,40505-40509/2018
(S-KSAT)
IN W.P. NOs.6809-6827/2018
BETWEEN
1. JAGADISH K HIREMATH
S/O KOTTRAYYA,
AGED ABOUT 55 YEARS,
PHYSICAL AND ED.INSTRUCTOR,
O/O G.P.U.COLLAGE,
KARAJAGI,TQ:HAVERI,
DIST:HAVERI-581 110
2. NARASIMHA A KULKARNI
S/O ANANT RAO,
AGED ABOUT 57 YEARS,
HINDI TEACHER,
WORKING G.H.S.ARULESHWAR,
TQ:HANAGAL,
DIST:HAVERI-581 104
3. SURESH A
S/O SHIVALINGAPPA,
AGED ABOUT 55 YEARS,
WORKING AS-GRADE II TEACHER
JUNIOR COLLEGE, AT BANAVALLI
HARIHAR TALUK,
DIST:DAVANAGERE-577 601
2
4. CHANDRASHEKAR GOWDA PATIL
S/O SOMANNAGOWDA,
AGED ABOUT 55 YEARS,
G.H.S.KUNNAR,
SHIGGAVI TALUK,
DIST:HAVERI-581 205
5. AYUBKHAN G KULKARNI
S/O GOUSE KHAN,
AGED ABOUT 52 YEARS,
GOVERNMENT HIGH SCHOOL,
KALENUR,
TQ:HAVERI,
DIST:HAVERI-581 110
6. SHABBIR ALI SAB NABI SAB NADAF
S/O NABI SAB NADAF,
AGED ABOUT 58 YEARS,
BASAWESHWARA GOVERNMENT,
HIGH SCHOOL,CHIKKALINGADAHALLI
HAVERI TALUK & DISTRICT-581 110
7. SHIVLINGAPPA V BENAKANAKOND
S/O VIJJJANAGOWDAR,
AGED ABOUT 67 YEARS,
RTD.TEACHER,
GOVERNMENT HIGH SCHOOL,
HINDI TEACHER,
GUDIHENNALI,
TQ:RANEBENNUR,
DIST:HAVERI
R/O III MAIN,4TH CROSS,
GOWRISHANKARA NAGAR,
RENEBENNUR,
TQ & DIST HAVERI-581 115
8. BASAVANNEPPA H KAMMAR
S/O HANAMANTAPPA,
AGED ABOUT 65 YEARS,
RTD.TEACHER,
GOVT.HIGHER PRIMARY SCHOOL,
MAKANUR,RANIBENNUR TALUK,
HAVERI DISTRICT-581 115
9. RACHAPPA C BANGI
S/O CHANNAPPA,
AGED ABOUT 66 YEARS,
G.H.S.TASLAGHATTA,
KANDAGOL TALUK,
DIST:DHARWAD-581 113
3
10. NANDEESHWARIAH N M
S/O GURUSHANTAPPA,
AGED ABOUT 65 YEARS,
G.H.S.KOKKANUR,
TQ:HARIHARA,
DIST:DAVANAGERE-577 601
11. KALAVEERAPPA M MAHANTESHETTI
S/O MAHADEVAPPA,
AGED ABOUT 64 YEARS,
ASST TEACHER,
HAVERI,
R/O SHIVAHASAVA NAGAR,
HAVERI-581 110
12. SMT PREMALEELA H PATIL
W/O HANUMANT GOWDA PATIL,
AGED ABOUT 63 YEARS,
GOVERNMENT HIGH SCHOOL,
TAVAREGI,HIREKERURU TALUK,
DIST:HAVERI,
NOW AT VIDYA NAGAR,
II CROSS,HAVERI
DIST HAVERI-581 110
13. MAHANTAPPA S TAVARI
S/O SHIVAPPA,
AGED ABOUT 63 YEARS,
GOVERNMENT HIGH SCHOOL,
KANNAVALLI,
ASST.TEACHER
TQ & DIST HAVERI-581 110
14. PANDURANGA H DAMODAR
S/O HANUMANTAPPA,
AGED ABOUT 63 YEARS,
HINDI TEACHER,
GOVERNMENT HIGH SCHOOL,
MARUL,
TQ & DIST:HAVERI-581 110
15. VEERESH S SHANKIN
S/O SIDDALINGAIAH,
AGED ABOUT 62 YEARS,
GOVERNMENT HIGH SCHOOL,
CRAFT TEACHER,
KATENAHALLI,
TQ & DIST-HAVERI-581 110
4
16. HEMAYYA C KUDLUMATH
S/O CHANDRASHEKARAYYA,
AGED ABOUT 62 YEARS,
GOVERNMENT HIGH SCHOOL,
TQ:HIREKERURE,
DIST:HAVERI-581 111
17. MAHADEVAPPA B SANDYAL
S/O BASANDYAL,
AGED ABOUT 59 YEARS,
C.P.ED.,
GOVERNMENT HIGH SCHOOL,
BENAKANAKERE,
TQ:RANEBENNUR,
DIST:HAVERI-581 115
18. MADHAVA K KHARAD
S/O KRISHNAPPA,
AGED ABOUT 61 YEARS,
HINDI TEACHER,
GPO COLLEGE,
KABBUR
TQ & DIST HAVERI-581 110
19. PRAKASH T KULKARNI
S/O THIPPAJI KULKARNI
AGED ABOUT 68 YEARS,
GOVERNMENT HIGH SCHOOL
BASANAL POST,
SHIGGAV (TQ)
HAVERI DISTRICT-581 205
... PETITIONERS
(BY SRI S P KULKARNI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY SECRETARY-II,
DEPARTMENT OF PRIMARY &
SECONDARY EDUCATION,
GOVERNMENT OF KARNATAKA
M.S.BUILDING,
BANGALORE-560 001
2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS
DEPARTMENT OF EDUCATION,
NEW PUBLIC OFFICERS,
NRUPATHUNGA ROAD,
BANGALORE-560 001
5
3. THE DEPUTY DIRECTOR OF PUBIC INSTRUCTIONS
DAVANAGERE,
DIST:DAVANAGERE-577 001
4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
HAVERI,
DISTRICT:HAVERI-581 110
5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
DHARWAD,
DISTRICT:DHARWAD-580 001
... RESPONDENTS
(BY SRI I THARANATH POOJARY, AGA FOR R1 TO R5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE FINAL COMMON ORDER DTD 20.11.2017 MADE IN
APPLICATION NOS.1223 TO 1408/2012 PASSED BY THE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU
IN SO FAR AS IT RELATES TO THE PETITIONER HEREIN BEING
ARBITRARY, ERRONEOUS AND OPPOSED TO LAW EQUITY AND
JUSTICE VIDE ANNX-A AND ETC.
IN W.P. NOs.17738-17744/2018
BETWEEN
1. SRI. G. T. MAHESWARAPPA
S/O K THIPPAIAH,
AGED ABOUT 58 YEARS
WORKING AS ARTS TEACHER IN
GOVERNMENT HIGH SCHOOL, B G KERE,
MOLAKALMURU TALUK,
CHITRADURGA DISTRICT
R/AT BASAVESWARA NAGAR
RAMPURA POST,
MOLAKALMURU TALUK
CHITRADURGA DIST 577540
2. SMT CHANDAVARADA NAGARATHNAMMA
W/O G CHANDRASHEKHARAPPA,
AGED ABOUT 58 YEARS,
WORKING AS ARTS TEACHER IN
GOVERNMENT PRE UNIVERSITY COLLEGE
CHIKKAGONDANAHALLI,
CHITRADURGA TALUK
CHITRADURGA DISTRICT
R/AT NO 989/10, BEHIND K S R T C
6
MATHRU CHAYA, DAVANAGERE 577002
3. SMT S RUDRAMMA
W/O OMKARAPPA
AGED ABOUT 64 YEARS
WORKING AS HINDI TEACHER IN GOVERNMENT PRE
UNIVERSITY COLLEGE, JAVANAGONDANAHALLI,
HIRIYUR TALUK CHITRADURGA DISTRICT
R/AT NEHRU MYDANA
NEAR VANIVILAS SCHOOL, HIRIYUR POST,
CHITRADURGA DIST 577598
4. SRI D DEVARAJU
S/O DODDABHYRAPPA
AGED ABOUT 58 YEARS
WORKING AS HINDI TEACHER IN GOVERNMENT
COMPOSITE PRE UNIVERSITY COLLEGE,
DEVAPURA, HOSADURGA TALUK
CHITRADURGA DIST
R/AT MAHAVEERA LAYOUT
BEHIND G C M SCHOOL
DEVAPURA HOSADURGA TALUK
CHITRADURGA DIST
R/AT MAHAVEERA LAYOUT
BEHIND G C M SCHOOL DEVAPURA
HOSADURGA TALUK
CHITRADURGA DISTRICT 577554
5. SRI G N VEERABASAPPA
S/O LATE NANDI BASAPPA
AGED ABOUT 65 YEARS
WORKING AS ARTS TEACHER IN GOVERNMENT
HIGH SCHOOL M D KOTE,
HIRIYURU TALUK CHITRADURGA DIST
R/AT GONIWAD CAMP, MOTHI POST,
DAVANAGERE TALUK DAVANAGERE DIST 577001
6. SRI M SIDDAPPA
S/O LATE MALIYAPPA
AGED ABOUT 64 YEARS
WORKING AS CRAFT TEACHER IN
GOVERNMENT PRE UNIVERSITY COLLEGE,
NARAYANAGONDANAHALLI,
HOLALKERE TALUK CHITRADURGA DISTRICT
R/AT MALENAHALLI POST,
HOLALKERE TALUK CHITRADURGA DIST - 577526
7. SRI N BASAVARAJA
S/O G NAGAPPA
AGED ABOUT 61 YEARS
7
WORKING AS HORTICULTURAL CRAFT TEACHER IN
GOVERNMENT HIGH SCHOOL
KUNABEVU,
CHITRADURGA TALUK CHITRADURGA DIST
R/AT MASTUR POST,
JAGALUR TALUK DAVANAGERE DIST 577528
... PETITIONERS
(BY SRI B S REDDY, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY ITS SECRETARY - II DEPARTMENT OF PRIMARY &
SECONDARY EDUCATION
GOVERNEMNT OF KARNATAKA
M S BUILDING
BANGALORE - 560001
2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS
DEPARTMENT OF EDUCATION
NEW PUBLIC OFFICERS,
NRUPATHUNGA ROAD,
BANGALORE - 560001
3. THE DEPUTY DIRECTOR
OF PUBLIC INSTRUCTIONS
CHITRADURGA DISTRICT 577501
4. THE HEAD MASTER
GOVERNMENT HIGH SCHOOL
B G KERE, MOLKALAMURU TALUK
CHITRADURGA DISTRICT 577540
5. THE PRINCIPAL
GOVERNMENT PRE UNIVERSITY COLLEGE
CHIKKAGONDANAHALLI,
CHITRADURGA TALUK AND DISTRICT 577502
6. THE VICE PRINCIPAL
GOVERNMENT PRE UNIVERSITY
JAVANAGONDANAHALLI,
HIRIYUR TALUK CHITRADURGA DISTRICT 577598
7. THE PRINCIPAL
GOVERNMENT COMPOSITE PRE UNIVERSITY COLLEGE
DEVAPURA HOSADURGA TALUK
CHITRADURGA DISTRICT 577554
8. THE HEAD MASTER
GOVERNMENT HIGH SCHOOL M D KOTE,
8
HIRIYUR TALUK
CHITRADURGA DISTRICT 577598
9. THE PRINCIPAL
GOVERNMENT PRE UNIVERSITY COLLEGE
NARAYANAGONDANAHALLI,
HOLALAKERE TALUK
CHITRADURGA DISTRICT 577526
10. THE HEAD MASTER
GOVERNMENT HIGH SCHOOL KUNABEVU,
CHITRADURGA TALUK AND CHITRADURGA
... RESPONDENTS
(BY SRI I THARANATH POOJARY, AGA)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER PASSED BY THE KSAT IN APPLICATION
NO.5101-107/2009 DTD:30.8.2017 WHICH IS AT ANNEXURE-D
DISMISSING THE APPLICATIONS BY ALLOWING THE WRIT
PETITION AS IT NECESSARY AND ETC.
IN W.P. NO.27246/2018
BETWEEN
SMT KAVERI B
D/O SRI B KRISHNA BHAT
R/O SRI DEVI KRUPA(NEAR KURCIGUDDA)
MODANKAP B
MOODA, BANTWAL TALUK
DAKSHINA KANANDA DISTRICT-574219
... PETITIONER
(BY SRI M V VEDAMURTHY, ADVOCATE)
AND
1. STATE OF KARNATAKA
DEPT OF PRIMARY & SECONDARY EDUCATION
GOVERNMENT OF KARNATAKA
M S BUILDING
DR AMBEDKAR VEEDHI
BANGALORE-560001
REP. BY ITS SECRETARY
2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS
DEPARTMENT OF EDUCATION
9
NEW PUBLIC OFFICES
NRUPATHUNGA ROAD
BANGALORE-560001
3. THE DEPUTY DIRECTOR OF PUBLIC
INSTRUCTIONS
DAKSHINA KANNADA DISTRICT-576329
... RESPONDENTS
(BY SRI I THARANATH POOJARY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE ORDER DATED 20.11.2017 AT ANNEX-C PASSED IN
APPLICATION NO. 6585/2012 DISMISSING APPLICATION NO.
6585/2012 FILED BY THE PETITIONER AND ETC.
IN W.P. NOs.30362-30378/2018
BETWEEN
1. SMT. M L VIJAYALAKSHMI
AGED ABOUT 52 YEARS
W/O RAMAMURTHY,
WORKING AS MUSIC TEACHER IN GGIC, KOLAR
R/AT PALASANDRA LAYOUT,
1ST CROSS, KOLAR 563126
2. SRI. RAMASWAMY
AGED ABOUT 59 YEARS
S/O SRI. KRISHNAPPA,
WORKING AS TEACHER IN GOVERNMENT PRE
UNIVERSITY COLLEGE FOR GIRLS,
HIGH SCHOOL SECTION,
ROBERTSONPET, KGF,
R/AT NO.61, 7TH CROSS,
CHOWDESHWARI MILK DAIRY ROAD,
DASARAHOSAHALLI,
BEML NAGAR (PO), KGF 563115
3. SRI.N.VENKATESHAPPA
AGED ABOUT 56 YEARS,
S/O SRI. NARAYANAPPA,
WORKING AS TEACHER IN GOVERNMENT PRE-
UNIVERSITY COLLEGE FOR BOYS, ROBERTSONPET,
KGF, KOLAR DISTRICT,
R/AT KORAHALLI VIA SB HALLI POST,
KOLAR TALUK AND DISTRICT 563126
10
4. SRI.M.S.HEMANTHKUMAR
AGED ABOUT 56 YEAR
S/O SRI. M SRINIVASALU,
WORKING AS TEACHER IN GOVERNMENT
HIGHER PRIMARY SCHOOL,
DK HALLI, KGF RANGE,
KOLAR DISTRICT,
R/AT NO.2447, 1ST MAIN,
VIVEKANANDANAGAR,
BANGARPET-563114
KOLAR DISTRICT
5. SRI.V. CHOWDA REDDY
S/O SRI. VENKATARAMANA,
AGED ABOUT MAJOR YEARS,
WORKING AS TEACHER IN GOVERNMENT
HIGH SCHOOL,
DODDAGANAJOOR, CHINTAMANI TALUK
KOLAR DISTRICT
R/AT HOSAHUDYA YEGAVAKOT POST,
CHINTAMANI TALUK
KOLAR DISTRICT
6. SRI. MRUTHYUNJAYAPPA
AGED ABOUT 55 YEARS
S/O SRI. HUCHAPPARADHYA,
WORKING AS TEACHER IN GOVERNMENT
GIRLS JUNIOR COLLEGE,
BANGARPET-563114
KOLAR DISTRICT,
R/AT NO.1342, VIJAYANAGAR, I CROSS,
BANGARPET-563114
KOLAR DISTRICT
7. SRI.S.K. MALLEGOWDA
AGED ABOUT 59 YEARS,
S/O LATE SRI. KAKANNA,
WORKING AS TEACHER IN
GOVERNMENT JUNIOR COLLEGE,
MADANAHALLI CROSS, VELABABURRE POST,
KOLAR TALUK AND DISTRICT
R/AT SOMANAHALLI, VOKKALERI POST,
KOLAR TALUK AND DISTRICT 563126
8. SRI.M.AMARANATHA REDDY
AGED ABOUT 57YEARS,
S/O SRI.C. MUNIREDDY,
WORKING AS TEACHER IN GOVERNMENT
HIGH SCHOOL
BLAMANDE, BANGARPET TALUK,
11
KOLAR DISTRICT
R/AT P.S.HALLI VILLAGE,
KETHAGANAHALLI POST,
KAMASAMUDRAM,
BANGARPET TALUK,KOLAR DISTRICT 563114
9. SRI. ANANTHAPADMANABHA
AGED ABOUT 57YEARS,
S/O LATE SRI.P. SATHYANARAYANA IYER,
WORKING AS TEACHER IN
GOVERNMENT HIGH CHOOL,
BALAMANDA, BANGARPET TALUK
KOLAR DISTRICT,
R/AT NO.523, GURUKRUPA,
2ND CROSS, 2ND MAIN,
OLD TILES FACTORY EXTENSION,
KOLAR-563101
10. SRI.N. GANGADHARA
AGED ABOUT 53 YEARS,
S/O SRI. NARAYANAPPA,
WORKING AS TEACHER IN GOVERNMENT HIGHSCHOOL,
SATHEKALLAHALLI POST,
CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT
R/AT C/O M.N.VENKATA REDDY HOUSE,
MALAPPALLI, CHINTAMANI TOWN,
CHIKKABALLAPURA DISTRICT 562101
11. SRI. ASHWATHANARAYANA
AGED ABOUT 58 YEARS,
S/O SRI. CHIKKANARASIMHAIAH,
DODDAVALLAHABBI POST,
KOLAR TALUK AND DISTRICT-563101
R/AT C/O NARAYANA SWAMY,
SRIKARA NILAYA, JAYANAGAR 8TH CROSS,
KOLAR-563101
12. SRI.N.GOPALAKRISHNA
AGED ABOUT 63 YEARS,
S/O SRI. NARAYANAPPA,
WORKING AS TEACHER IN GOVERNMENT HIGH SCHOOL
NAYAKARAHALLI BILLAGE,
KOLAR TALUK AND DISTRICT,
R/AT NAYAKARAHALLI BILLAGE,
KOLAR TALUK AND DISTRICT-563126
13. SRI. R.LAKSHMIPATHI
AGED ABOUT 61 YEARS,
12
S/O SRI.R. RAMAKRISHNA SHETTY,
R/AT BUDIKOTA VILLAGE AND POST,
BANGARPET TALUK, KOLAR DISTRICT 563114
14. SRI.B.N.CHIDANANDA
AGED ABOUT 56 YEARS,
S/O LATE SRI.B.V.NANJUNDA GOWDA,
R/AT BANAKANA HALLI POST,
KOLAR,KOLAR DISTRICT 563126
15. SRI. RAMAMURTHY
AGED ABOUT 48 YEARS,
S/O LATE SRI. APPAIAH SWAMY
MURTHY EXTENSION, 2ND STAGE,
LAKSHMI VENKATESHWARA NILAYA,
BRAMHAKUMARI ROAD,
NEAR ARLERI ROAD,MALUR,
KOLAR DISTRICT 563126
16. SRI.M.SUBRAMANYA
AGED ABOUT MAJOR YEARS,
S/O SRI. MUNIYAPPA,
R/AT THIMMANAYAKANAHALLI VILLAGE,
MULBAGAL TOWN, KOLAR DISTRICT 563131
17. SRI. AFSAR AHMED
AGED ABOUT 61 YEARS,
S/O MOHAMMED MUSTAF,
TYALUR POST, MULBAGAL TALUK
KOLAR DISTRICT 563126
... PETITIONERS
(BY SRI NAGARAJAPPA A, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY ITS SECRETARY-II,
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION,
GOVERNMENT OF KARNATAKA,
M.S.BUILDING, BANGALORE-01
2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS
DEPARTMENT OF EDUCATION,
NEW PUBLIC OFFICES,
NRUPATHUNGA ROAD,
BANGALORE-01
3. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS,
13
KOLAR DISTRICT-563101
4. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS
HAVERI DISTRICT-581110
5. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS
HASSAN DISTRICT-573201
6. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS
SHIMOGA DISTRICT-577201
7. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS
RAMANAGARA DISTRICT-571511
8. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS
DAKSHINA KANNADA DISTRICT-576329
9. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS
UTTARA KANNADA DISTRICT 581355
10. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS
KARWAR DISTRICT-581301
... RESPONDENTS
(BY SRI I THARANATH POOJARY, AGA FOR R1 TO R5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DTD:20.11.2017 PASSED IN A NO.1223 TO
1408/2012 [ANNEXURE-D] PASSED BY THE HON'BLE
KARNATAKA ADMINSITRATIVE TRIBUNAL, BENGALURU AND
ETC.
IN W.P. NOs.40505-40509/2018
BETWEEN
1. CHANDRASHEKARACHAR
S/O LASKHMANACHAR
AGED ABOUT 63 YEARS,
PHYSICAL AND ED. INSTRUCTOR
O/O GOVT JUNIOR COLLEGE
14
TAVAREKERE
TQ:CHANNAGIRI
DIST:DAVANAGERE-577005
(SHOWN AT S.NO.4 IN THE JUDGEMENT OF KAT)
2. RAMANNA BEERAPPA VAIYYALI
S/O BEERAPPA VAIYYALI
AGED ABOUT 68 YEARS,
HINDI TEACHER
WORKING G H S HUVINASHGLI
TQ:SAVANUR
DIST:HAVERI-581104
(SHOWN AT S. NO.69 IN THE JUDGMENT OF KAT)
NOT CLAIMED BENEFIT OF SENIOR CITIZEN
3. SUSHILA KALLAPPA KAMADOLLI
D/O KALLAPPA KOMODALLI
AGED ABOUT 61 YEARS,
TEACHER
GOVT SCHOOL ATTIGERI
SHIGGHAV TALUK
DIST:HAVERI
R/A SHIRUR POST-581113
KUNDAGOLA TALUK
DHARAWAD DISTRICT
(SHOWN AT SL NO.91 IN THE JUDGEMENT OF KAT)
4. SRI CHANDRAPPA B
S/O SIDDAPPA
AGED ABOUT 59 YEARS,
TEACHER, GOVT GIRLS HIGH SCHOOL
NALLIRI, CHENNAGIRE TALUK
DAVANAGERE DISTRICT
R/A KAGINELE POST
SHIKARIPUR TALUK-577427
SHIVAMOGGA DISTRICT
(SHOWN AT SL NO.3 IN THE JUDGMENT OF KAT)
5. N M JAYAPRAKASH
S/O N M SHANTHAVEERAIAH
AGED ABOUT 60 YEARS,
GOVERMENT HIGH SCHOOL
KABBUR POST-581110
RAMAGONDANAHALLI
DAVANAGERE DISTRICT & TALUK
(SHOWN AT SL NO.60 IN THE JUDGMENT OF KAT)
... PETITIONERS
(BY SRI S P KULKARNI, ADVOCATE)
15
AND
1. THE STATE OF KARNATAKA
BY SECRETARY-II
DEPARTMENT OF PRIMARY & SECONDARY
EDUCATION GOVERNMENT OF KARNATAKA
M S BUILDING
BANGALORE-560001
2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS
DEPARTMENT OF EDUCATION
NEW PUBLIC OFICERS
NRUPATHUNGA ROAD
BANGALORE-560001
3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
DAVANAGERE
DISTRICT:DAVANAGERE-577001
4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
HAVERI
DISTRICT:HAVERI-581110
5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCITONS
DHARWAD
DISTRICT:DHARWAD-580001
... RESPONDENTS
(BY SRI I THARNATH POOJARY, AGA FOR R1 TO R5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE FINAL COMMON ORDER DTD: 14.3.2018 MADE IN
APPLICATION NOS.604-94/2018 PASSED BY THE KARNATAKA
STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN SO FAR AS
IT RELATES TO THE PETITIONERS HEREIN BEING ARBITRARY,
ERRONEOUS AND OPPOSED TO LAW, EQUITY AND JUSTICE
(ANNEXURE-A) AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING 'B' GROUP THIS DAY, NARAYANA SWAMY J, MADE
THE FOLLOWING:
16
ORDER
The principal prayer made by the petitioners is that the services rendered by them prior to the absorption will have to be taken into consideration for the purpose of seniority, leave and pension.
2. Learned counsel for the petitioners submits that non-consideration of the prayer by the Tribunal is arbitrary. On the other hand, learned counsel for the respondents submits as per Section 4 of the Recruitment Rules, 2006 specifically provides that service cannot be taken into account. Hence, he justifies the impugned order.
3. In the facts and circumstances, the learned counsel submitted that in similar cases, a direction has been issued to consider the case of the petitioners for computing the past services for the purpose of seniority, leave and pension.
4. In the light of the above, these petitions are disposed of directing the respondents to consider the case of the petitioners to compute the past service for 17 the purpose of seniority, leave and pension and pass appropriate order within a period of six months from today. All contentions on merit are kept open.
Sd/-
JUDGE Sd/-
JUDGE KLY/