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IN THE HIGH COURT OF , BENCH DATED THIS THE 8 TH DAY OF OCTOBER, 2015 BEFORE: THE HON’BLE MR. JUSTICE K.N. PHANEENDRA W.P. Nos.111291 OF /2015 AND WRIT PETITION NOS.111446-111559 OF 2015(S- RES)

BETWEEN

1. DR. SHOUKAT ALI MAGDUMSAB MAGALMANI AGE: 47 YEARS, OCC: ASSOCIATE PROFESSOR, J S S BANASHANKARI ARTS, COMMERCE & S K GUBBI SCIENCE COLLEGE, VIDYAGIRI, DHARWAD-580004.

2. DR. SHANKAREPPA BASAVANNEPPA GADI, AGE: 52 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO--.

3. PROF. AVANTIKA BABURAO ROTTI AGE: 47 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

4. DR. MARTAND NAGENDRARAO RASHINKAR, AGE: 53 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

5. PROF. MEERASING CHITTU CHAVAN, AGE: 56 YEARS, OCC: ASSOCIATE PROFESSOR, 2

--REST DO--

6. DR. VADIRAJ BADARINARAYANACHARYA , AGE:58 YEARS, OCC:ASSOCIATE PROFESSOR, --REST DO—

7. PROF. SUJATA RAVI NADGIR, AGE: 57 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

8. DR. NALINI DAMODAR KULKARNI, AGE: 48 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

9. PROF. BORANAHALLI SUKANYA, AGE: 59 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

10. DR. GULNEGAR MAHAMOODSAB KHANJI, AGE: 53 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

11. DR. JINNAPPA ANANTAPPA HADAGALI, AGE: 51 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

12. DR. INDU LAXMANRAO PANDIT, AGE: 53 YEARS, --REST DO—

13. DR. BANADAKOPPA RAMAPPA GAYATHRI, AGE: 54 YEARS, 3

OCC: ASSOCIATE PROFESSOR, --REST DO—

14. PROF. IBRAHIM RAJESAHEB NADAF, AGE: 50 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

15. DR. VENKATESH KISHANRAO, AGE: 47 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

16. DR. JAGADISH GIRIMALLAPPA BARAGI, AGE: 50 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

17. DR. RAMACHANDRARAO PARIMALA, AGE: 55 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

18. DR. SRIKANT SHRINIVASRAO KULKARNI, AGE: 53 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

19. DR. KALYANI NARAYANRAO PAWAR, AGE: 56 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

20. DR. KRISHNAMURTHY MALIYAPPANHALLI CHINNAPPA, AGE: 55 YEARS, OCC: ASSOCIATE PROFESSOR, 4

--REST DO—

21. DR. BADESAHEB HAMEEDMIYA KILLEDAR, AGE: 55 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

22. DR. CHITRA DAYANAD DOIJODE, AGE: 55 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

23. DR. SHANKAR VENKATARAO GUDI, AGE: 58 YEARS,

OCC: ASSOCIATE PROFESSOR, --REST DO—

24. DR. SHARADA BASAVENNAPPA KUNNUR, AGE: 59 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

25. DR. VENKANNA SHIVAPPA BHEEMAREDDY, AGE: 51 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

26. DR. TARU SOMALU PAWAR, AGE: 43 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

27. DR. GURUMALLAIAH KRISHNAMURTHY, AGE: 54 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO— 5

28. DR. PRABHUGOUDA MALLANAGOUDA PATIL, AGE: 55 YEARS, OCC: ASSOCIATE PROFESSOR, P G DEPARTMENT OF MATHEMATICS, KARNATAK UNIVERSITY, DHARWAD. --REST DO—

29. DR. S B DODDAMANI, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, KITTLE SCIENCE COLLEGE, DHARWAD.

30. DR. G R VICTOR, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

31. DR. CHRISTOPHER, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

32. PROF. STANLEY PETERS, AGE: YEARS,

OCC: ASSOCIATE PROFESSOR, -REST DO—

33. DR. JOHNSON JOGUL, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

34. SMT.SANGEETA PRABHAKAR, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO— 6

35. SHRI.ANOOP THEOPHILUS, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

36. MRS. M H EDEN, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

37. DR. HEMARADDI BASAVARADDI NEELGUND, AGE: 46 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

38. DR. REKHA M JOGUL, AGE: 44 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

39. DR. VAHIDAHMAD ISMAILSAB SHAIKH, AGE: 47 YEARS,

OCC: ASSOCIATE PROFESSOR, --REST DO—

40. SHRI.MARAGATTA CHANABASAPPA NANDEESH, AGE: 52 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

41. DR. CHRISTOPHER PRAMOD MANOHAR, AGE: 42 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

42. DR. (SMT.) RUTH SHIREEN PAUL, AGE: 51 YEARS, OCC: ASSOCIATE PROFESSOR, 7

--REST DO—

43. DR. (SMT.) KAVITA VISHWANATH CHANDGUDE, AGE: 44 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

44. DR. (SMT.) BHARATI V HIREMATH, AGE: 59 YEARS, OCC: ASSOCIATE PROFESSOR (HINDI), --REST DO—

45. SMT.USHADEVI B KOHALLI, AGE: 58 YEARS, OCC: ASSOCIATE PROFESSOR (KANNADA), --REST DO—

46. DR. RAJESHWARI V SALI, AGE: 58 YEARS, OCC: ASSOCIATE PROFESSOR (HISTORY), --REST DO—

47. SMT.SHAKUNTALA S BIRADAR, AGE: 50 YEARS,

OCC: PHYSICAL DIRECTOR, --REST DO—

48. SMT.PUSHPA S ABBIGERI, AGE: 52 YEARS, OCC: ASSOCIATE PROFESSOR (COMMERCE), --REST DO—

49. SMT.SHANTA S PATILKULKARNI, AGE: 50 YEARS, OCC: ASSOCIATE PROFESSOR 8

(ENGLISH), --REST DO—

50. SMT.SHOBHA S SAJJAN, AGE: 53 YEARS, OCC: LIBRARIAN, --REST DO—

51. DR. GIRIJA M YABANNAVAR, AGE: 53 YEARS, OCC: ASSOCIATE PROFESSOR (ECONOMICS), --REST DO—

52. DR. SADANA G MATHAD, AGE: 57 YEARS, OCC: ASSOCIATE PROFESSOR (POLITICAL SCIENCE), --REST DO—

53. SMT.NIRMALA M HIREGOUDAR, AGE: 55 YEARS, OCC: ASSOCIATE PROFESSOR (ECONOMICS), --REST DO—

54. DR. N B SANGAPUR, AGE: 57 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

55. DR. C M KADKOL, AGE: 55 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

56. DR. S M NAGABHUSHAN, AGE: 57 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO— 9

57. DR. K S SHANTHAIAH, AGE: 51 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

58. DR. (SMT.) P F BASANAGOUDAR, AGE: 46 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

59. DR. Y S BARIGIDAD, AGE: 54 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

60. SMT.S C KOTI, AGE: 52 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

61. DR. M RAJASHEKARAPPA, AGE: 49 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

62. SHRI.S S , AGE: 48 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

63. SMT.V K MATH, AGE: 53 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

64. SMT.B G RAKARADDI, AGE: 52 YEARS, OCC: ASSOCIATE PROFESSOR, 10

--REST DO—

65. DR. S H PANCHAKSHARI, AGE: 49 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

66. SMT.G C KADDIPUDI, AGE: 44 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

67. SHRI.S K NESVI, AGE: 57 YEARS, OCC: LIBRARIAN, --REST DO—

68. SHRI.D NAGARAJAPPA, AGE: 53 YEARS, OCC: PHYSICAL INSTRUCTOR, --REST DO—

69. RAJASHEKHAR VEERAPPA PATTANASHETTI, AGE: 52 YEARS, OCC: ASSOCIATE PROFESSOR, P C JABIN SCIENCE COLLEGE, HUBBALLI, DIST: DHARWAD.

70. VITHAL YAMANAPPA VASANAD, AGE: 53 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

71. DR. MOHAN TIPPANNA HOSAMANI, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO— 11

72. DR.GURURAJ BASAVANNEPPA KALKOTI, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

73. DR. CHIDANANDAYYA SHIVAYYA HIREMATH, AGE: 54 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

74. PROF. MAHABALESHWAR SADEPPA YARAGOP, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

75. DR. MAHABALESHWARAIAH N M, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

76. DR. SANGAPPA BASAPPA KOUJALAGI, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

77. DR. MADAGOUDA YALLAPPA MOLEKAR, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

78. PROF. SHASHIKALA MARIGOUDA PATIL, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

79. SHIVAKUMARSWAMI BASAYYA HIREMATH, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, 12

--REST DO—

80. DR. ARUNKUMAR BASAVANNEPPA SONAPPANAVAR, AGE: YEARS,

OCC: ASSOCIATE PROFESSOR, --REST DO—

81. DR. PUNDALIK RAMAPPA JEERAGAL, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

82. DR. BASAVARAJ SHIVALINGAPPA AGADI, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

83. DR. PRABATASINGH PITAMBARASINGH SAMOREKAR, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

84. JAYASHRI D/O NINGAPPA MENDIGERI @ JAYASHRI V ARALI, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

85. VIJAY PANDURANG GAONKAR, AGE: YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

86. CHINTAMANI BASAYYA PUJERI, AGE: 59 YEARS, OCC: ASSOCIATE PROFESSOR, 13

N T S S SHRI SHANKAR ARTS & COMMERCE COLLEGE, NAVALGUND, DIST: DHARWAD.

87. RENUKARADHYA SOMANATHA GURUMATH, AGE: 55 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

88. PANCHAKSHARI GADIGEYYA HIREMATH, AGE: 58 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

89. SHIVAPPA BASAPPA YALLUR, AGE: 52 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

90. MARITAMMAPPA YALLAPPA BULAGANNAVAR, AGE: 55 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

91. SHRISHAILAYYA BASAYYA KUNDAGOL, AGE: 55 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

92. SHRINIVAS VIRUPAX BADIGER, AGE: 40 YEARS, OCC: ASSISTANT PROFESSOR, --REST DO—

93. PRASHANT GANGADHAR KOPPAD, AGE: 35 YEARS, OCC: ASSISTANT PROFESSOR, --REST DO— 14

94. RAMESH PANDU CHAVAN, AGE: 34 YEARS, OCC: ASSISTANT PROFESSOR, --REST DO—

95. ADIVEPPAGOUDA GULANGOUDA JAKKANAGOUDAR, AGE: 38 YEARS, OCC: PHYSICAL DIRECTOR, --REST DO—

96. DYAMAPPA FAKKIRAPPA MABNUR, AGE: 60 YEARS, OCC: LIBRARIAN, --REST DO—

97. SHEELA MAHADEVAPPA TUBACHI, AGE: 44 YEARS, OCC: ASSISTANT PROFESSOR, --REST DO—

98. SHRI.R T HIREGOUDAR, AGE: 53 YEARS, OCC: ASSOCIATE PROFESSOR, G E C G S PATIL ARTS & COMMERCE COLLEGE, , DIST: DHARWAD.

99. SHRI.N T MARULSIDDAPPA, AGE: 55 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

100. SHRI.G B BETADUR, AGE: 57 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO— 15

101. SHRI.R B GODI, AGE: 52 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

102. SHRI.B N HANDRAL, AGE: 52 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

103. SHRI.M S BIRADAR, AGE: 51 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

104. SHRI.U S ANKUSHKUR, AGE: 52 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

105. SHRI.J N ARIKATTI, AGE: 50 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

106. SHRI.T A CHITTARAGI, AGE: 51 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

107. SHRI.M V NASHABI, AGE: 53 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

108. SHRI.M S MURAGODMATH, AGE: 51 YEARS, OCC: ASSOCIATE PROFESSOR, GOOD NEWS WELFARE SOCIETY?S 16

ARTS & COMMERCE COLLEGE, KHALAGATAGI, DIST: DHARWAD.

109. DR. B G BIRADAR, AGE: 51 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

110. SMT.SHANTALA S NAYAK, AGE: 54 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

111. SHRI.N K CHANNAPPAGOUDAR, AGE: 59 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

112. SHRI.SHIVAYOGAPPA R YEMMI, AGE: 51 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

113. SMT.ANITA T BHAT, AGE: 53 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

114. G R SOOLIBHAVI, AGE: 53 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO—

115. VIJAYKUMAR R BETGAR, AGE: 51 YEARS, OCC: ASSOCIATE PROFESSOR, --REST DO— …PETITIONERS (BY SRI. A.S. PATIL, ADVOCATE) 17

AND

1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, (HIGHER EDUCATION), M S BUILDING, BENGALURU-560001.

2. THE PRINCIPAL SECRETARY, TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001.

3. THE COMMISSIONER FOR COLLEGIATE EDUCATION, IN KARNATAKA PALACE ROAD, BENGALURU-560001.

4. UNION OF , BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, DEPARTMENT OF HIGHER EDUCATION, SHASTRI BHAVAN, NEW DELHI-110001.

5. THE ACCOUNTANT GENERAL IN KARNATAKA (A & E), PARK HOUSE, BENGALURU. … RESPONDENTS (BY SRI. K.S. PATIL, GOVT. PLEADER FOR R1 TO R3 & R5, 18

SRI. MRUTHYUNJAYA TATA BANGI, ADVOCATE FOR R4)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PAY THE ARREARS OF SALARY AND OTHER EMOLUMENTS WITH INTEREST AT THE RATE OF 12% PER ANNUM AND IN ONE INSTALLMENT AS PER REVISED PAY SCALE TO THE PETITIONERS TO WHICH THEY ARE ENTITLED FOR THE PERIOD PERTAINING TO 01.01.2006 TO 31.03.2010 ON PARITY GROUNDS IN THE LIGHT OF THE JUDGMENT PASSED BY THE HON'BLE HIGH COURT OF KARNATAKA DHARWAD BENCH IN WP.NO.112957-113040/2014 AND WP.NO.113041-113050/2014 DATED:05.02.2015 AS PER ANNEXURE-F AND THE JUDGMENT PASSED BY THE HON'BLE HIGH COURT OF KARNATAKA AT BENGALURU IN WP.NO.26573-26642/2015 DATED:31.07.2015 AS PER ANNEXURE-G.

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY THE COURT PASSED THE FOLLOWING:

ORDER

In these petitions petitioners urged that they have been working as Professors, Associate Professors,

Librarian, Physical Director and Physical Instructor in the Private Aided Colleges on UGC Pay Scales. 19

2. The petitioners submit that the UGC pay scales were introduced in the State of Karnataka in the year

1990 and would be revised once in 10 years.

Accordingly, the pay scales came to be revised on

01.01.1996. UGC pay scale was also revised in the year

2006. Thereafter, the 4 th respondent addressed a letter dated 31.12.2008 to the Secretary, University Grants

Commission, New Delhi, requesting to sanction the revised pay scales to the teachers and equivalent cadres of Universities and Aided Colleges with effect from

01.01.2006 providing 80% financial assistance to the

State Governments for the period from 01.01.2006 to

31.03.2010.

3. The learned Counsel further submitted that, in implementation of the Scheme of Government of India, the 1 st respondent passed an order dated 24.12.2009 revising the UGC pay scales of Teachers, Librarians and

Physical Education Personnel of Universities,

Government and Aided Degree Colleges and 20

Government and Aided Law Colleges, etc. in the State.

Thereafter, the 4 th respondent addressed a letter dated

11.05.2010 to Education Secretaries of all State

Governments in the Country stating that release of

Central Assistance shall be considered by the Central

Government in accordance with the provisions of the scheme only after the State Governments have adopted and implemented the scheme as a composite scheme including adoption of the age of superannuation for those engaged in ‘ Inclass ’ teaching and have disbursed the salary based on revised pay scales and after scrutiny of the detailed proposal as may be received from the State Government.

4. The learned Counsel further submitted that the 4 th respondent addressed a letter dated 14.08.2012 to the

Education Secretaries of all State Governments in the

Country stating that the issue of age of retirement has been left to the State Government to be decided at their level and the condition of enhancement of the age of 21 superannuation to 65 years as mentioned in the letter dated 31.12.2008 as stated supra, may be treated as withdrawn for the purpose of seeking reimbursement of central share of arrears to be paid to State Universities and College teachers. It is also stated that other

Retirement Benefit i.e, Earned Leave Encashment amount has been sanctioned to the petitioners in the pay scale existed as on 01.01.2006. Therefore,

Karnataka State University and Degree Colleges Retired

Teachers Association, Mysore Zone, representing the petitioners had preferred separate representations dated

31.01.2014 to the 1 st and 3 rd respondents requesting to re-fix the earned leave encashment in the Revised UGC

Pay Scale of 2006 and release the arrears.

5. The learned Counsel also submitted that this court in Writ Petition No. 15175/2009 by its order dated

07.12.2010 directed the respondents to take steps with regard to the payment of arrears within three months.

Since the said direction was not complied, Contempt 22

Petition No. 1757/2011 was filed by the petitioner therein. The respondents in fact appeared in the

Contempt Proceedings and have implemented the said order of this court and released some amount, which included the arrears of salary, etc. It is further submitted that, in similar matters viz., Writ Petition

Nos.112957-113040/2014 and connected matters disposed of on 05.02.2015, this court, after hearing both the parties, pleased to dispose of the petitions directing the State Government to pay the arrears of salary. Therefore, the petitioners, who are the senior citizens have made several requests through their association, but no action has been taken by

Respondent Nos. 1 to 3. Even the arrears of salary and arrears of Earned Leave encashment, as ordered earlier, have not been released. Therefore, they approached this court for issue of a writ of mandamus directing the respondent-authorities to pay the arrears of salary and arrears of Earned Leave Encashment to the petitioners for the period from 01.01.2006 to 23.12.2009 in one 23 installment, as has been paid to some other persons as per the order passed by this court in the above noted

W.P. Nos. 112957-113040/2014 and connected matters, with interest at 8% p.a., in the interest of justice.

6. Under the similar set of facts and circumstances, this court in Writ Petition Nos.107539–107566/2015 disposed of on 31.07.2015 and considering all the facts and circumstances, has observed that the respondents are liable to pay arrears of salary and other emoluments as per the revised pay scale to the petitioners therein for the period from 01.01.2006 to

23.12.2009 and the court has granted six months time to comply with its order and directed to release the arrears of salary and other emoluments by making it clear that in case of failure to make such payments, the petitioners would be entitled for interest at 8% p.a. till the date of payment. 24

7. The petitioners herein are also similarly placed as that of the petitioners in the above noted writ petitions.

Therefore, in my opinion, they are also entitled for similar directions given in the above noted writ petitions. Therefore, following the order passed in the above noted W.P.Nos.107539-107566/2015, these petitions also deserve to be partly allowed.

8. Learned Government Pleader submitted that the above said ruling is not applicable so far as the petitioners who are still serving in the institution as they can very well make a representation to the

Department and their employers for their remedies.

This point is also covered in W.P. Nos.26573-

26642/2015 (S-R) between Dr. B.G. Bhaskar & Ors. Vs.

State of Karnataka & Ors. wherein in the said case also the petitioners were also Teachers, Librarians and

Physical Education Personal of Universities of

Government Aided Degree Colleges and Government

Aided Law Colleges, etc. The Principal Bench of this 25

Court in Bengaluru vide order dated 31.07.2015 has extended the same benefit to the persons who are serving in different institutions. Therefore, the controversy raised by the learned Government Advocate is also set at rest and as such the same benefit has to be extended to the petitioners also.

9. In the result, the petitions are allowed. The

Respondents 1 to 3 & 5 are hereby directed to pay all the arrears of salary and other emoluments as per the revised pay scale to the petitioners herein for the period from 01.01.2006 to 23.12.2009 in stages within six months from the date of receipt of a copy of this order and if any failure on the part of the respondent- authorities in making such payment, the petitioners are entitled to interest on such amount at 8% p.a. till the date of payment.

It is needless to observe that on the request made by the State Government after making payment due to the petitioners for releasing 80% of the contribution 26 payable by the Central Government and on such request being received within three months thereof, the

Central Government shall release the said amount as agreed by them in the Scheme of Revision as per their letter dated 14.08.2012 vide Annexure-C.

Sd/- JUDGE

Kmv