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IN THE HIGH COURT OF DHARWAD BENCH

DATED THIS THE 10 TH DAY OF FEBRUARY, 2014

BEFORE

THE HON’BLE MR.JUSTICE B. SREENIVASE GOWDA

WRIT PETITION NOS.101713-16/2014 (S-RES)

BETWEEN:

1. M.F. AGE: 58 YEARS, OCC: WORKING AS LECTURER IN B D INAMDAR COMPOSITE PRE UNIVERSITY COLLEGE, NEGINHAL, TQ: DIST:

2. C M JOSHI AGE: 46 YEARS, OCC: WORKING AS LECTURER IN B D INAMDAR COMPOSITE PRE UNIVERSITY COLLEGE, NEGINHAL, TQ: BAILHONGAL DIST: BELGAUM

3. G B MADAR AGE: 44 YEARS, OCC: WORKING AS LECTURER IN B D INAMDAR COMPOSITE PRE UNIVERSITY COLLEGE, NEGINHAL, TQ: BAILHONGAL DIST: BELGAUM

4. G F CHANNAPPAGOUDAR AGE: 58 YEARS, OCC: WORKING AS SDA IN B D INAMDAR COMPOSITE PRE UNIVERSITY COLLEGE, NEGINHAL, : 2 :

TQ: BAILHONGAL DIST: BELGAUM

... PETITIONERS

(BY SRI.P G CHIKKANARAGUND, ADV.,)

AND

1. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF EDUCATION ( P U EDUCATION) M S BUILDING,BANGALORE

2. THE COMMISSIONER OF COLLEGIATE EDUCATION IN KARNATAKA PALACE ROAD, BANGALORE

3. THE DIRECTOR PRE UNIVERSITY EDUCATION BOARD, 18TH CROSS, MALLESHWARAM BANGALORE

4. THE COMMISSIONER PRE UNIVERSITY EDUCATION BOARD, 18TH CROSS, MALLESHWARAM BANGALORE

5. THE CHAIRMAN V.V.SANGH, NEGINAHAL, TQ: BAILHONGAL, DISG: BELGAUM. ... RESPONDENTS

(BY SRI. VINAYAKA S. KULKARNI, HCGP)

THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.09.2012 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-B, ONLY IN SO FAR AS IT RELATES TO DENIAL OF THE BENEFIT OF PAST SERVICE OF THE PETITIONERS FOR THE PURPOSE OF FIXATION OF PAY WITH REVISIONS FROM TIME : 3 :

TO TIME ALONG WITH PENSIONARY BENEFITS WITH ARREARS, AS ILLEGAL AND VOID.

THESE WRIT PETITIONS COMING ON FOR PRL. HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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 the impugned orders passed by the 1 st respondent dt.10.09.2012 as per Annexure– `B’ only in so far as it relates to denial of the benefits of past service of the : 4 :

petitioners for the purpose of fixation of pay with revision from time to time along with pensionary benefits with arrears 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 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 : 5 :

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.

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) Impugned order dt.10.09.2012 at Annexure – B is quashed only in so far as it relates to denial of the benefits of past service of the petitioners for the purpose of fixation of pay with revision from time to time along with pensionary benefits with arrears. : 6 :

(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 representations are not made by the petitioners, they are given liberty to make detailed representations in this regard within one month from the date of receipt of a copy of this order and if such representations are made, the State and its authorities shall consider and dispose of the same within three months from the date of receipt of such representations in the light of the decisions of this Court rendered in the aforesaid cases.

No order as to costs.

SD/- JUDGE

BS