In the High Court of Karnataka Dharwad Bench
Total Page：16
File Type：pdf, Size：1020Kb
: 1 : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 28 TH DAY OF JANUARY, 2015 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NOS. 100598 – 100626 OF 2014[S-RES] BETWEEN: 1. ANANDRAO KULKARNI S/O. BALAKRISHANA AGE: 50 YEARS, OCC: PRINCIPAL, GRADE -II WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 2. WILSON HOMBAL S/O. JAYAVANT AGE: 48 YEARS, OCC: SELECTION GRADE LECTURER HOD, WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 3. JAGADEESH DYAVAPPANAVAR S/O. HANUMANTAPPA AGE: 48 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 4. VIJAYINDRA CHAVATE S/O. VYASRAO AGE: 46 YEARS, OCC: SELECTION GRADE LECTURER, HOD, WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD : 2 : 5. SAVITA CHITAGUBBI D/O. SHANKAR AGE: 39 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 6. SANJEEV VADAVI S/O. PANDURANG AGE: 37 YEARS, OCC: SELECTION GRADE LECTURER HOD, WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 7. NAGARAJ S V S/O. VEERAPPA S AGE: 47 YEARS, OCC: SELECTION GRADE LECTURER HOD, WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 8. VISHWANATH MALALI S/O. TOPANNA AGE: 51 YEARS, OCC: SELECTION GRADE LECTURER, HOD, WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 9. SHESHARADDI HADAGALI S/O. RAMARADDI AGE: 48 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 10. NARAYANARAO BAMMIGATTI S/O. BALAKRISHNARAO AGE: 45 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 11. RAYAPPA DEMAKKANAVAR S/O. MALLAPPA AGE: 48 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD : 3 : 12. VISHWANATH HIREMATH S/O. GANGADHARAYYA AGE: 42 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 13. RAMESH K S/O. JAYARAO AGE: 45 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 14. RAMESH BASANAGOUDA S/O. YALLAPPAGOUDA AGE: 48 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 15. RAMESH SHIROL S/O. VIRUPAXAPPA AGE: 54 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 16. MAHANTESH SHYAGOTI S/O. MAHADEVAPPA AGE: 52 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 17. ASHOK JAKKARADDI S/O. JAKKAPPA AGE: 48 YEARS, OCC: LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 18. PRABHAKAR A S/O. BASAPPA AGE: 53 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD : 4 : 19. SURESH TALWAR S/O. SANNAHANUMANTAPPA AGE: 43 YEARS, OCC: SELECTION GRADE LECTURER HOD, WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 20. SHRINIVAS VAIDYA S/O. NARAYAN ACHARYA AGE: 43 YEARS, OCC: LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 21. MAHADEV PATIL S/O. BHARAMAGOUDAR AGE: 40 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 22. AKKAMAHADEVI NAVALGUND D/O. YAMANAPPA AGE: 43 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 23. T K MADHU S/O. K KRISHNAREDDY AGE: 36 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 24. SUJATA KURADAGI D/O. VASANNA AGE: 36 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 25. SURESH S S/O. LATE SANKAPP AGE: 43 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD : 5 : 26. KIRAN G B S/O. G BASAVARAJ AGE: 39 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 27. JAYASHEELA R PATIL D/O. RUDRAGOUDA M PATIL AGE: 45 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 28. R V SHIROL S/O. VIRUPASHAPPA AGE: 50 YEARS, OCC: SELECTION GRADE LECTURER WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD 29. NAVARATHANA @ ANANDA MOTE S/O. RAMACHANDRA AGE: 48 YEARS, WORKING AT: SGES RURAL POLYTECHNIC COLLEGE, TARIHAL, HUBLI – TQ. DIST: DHARWAD ... PETITIONERS (BY SRI. H SIDDAPPA, ADV.,) AND 1. THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION DR AMBEDKAR VEEDHI BANGALORE - 560001 2. THE DIRECTOR TECHNICAL EDUCATION PALACE ROAD, NEAR HOTEL ATRIA, BANGALORE - 01 ... RESPONDENTS (BY SRI. RAVI V HOSAMANI, AGA) : 6 : THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT NO.12 DIRECTING THEM TO TAKE INTO ACCOUNT THE SERVICE OF THE PETITIONERS FROM THE DATE OF THEIR INITIAL ENTRY I.E. FROM THE DATE OF APPOINTMENT INSTEAD FROM THE DATE OF THEIR POSTS GRANT-IN-AID AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Shri Ravi V. Hosamani, learned AGA is directed to take notice for respondents. 2. Petitioners who have Been appointed to the respective posts in SGES Rural Polytechnic College, HuBli Taluk, Dharwad District, have reported to duty and have Been discharging their services. The appointment of petitioners came to Be approved By respondent – authorities vide order dated 24.03.2007 Annexure – A. They have also Been admitted to grant in aid. Pursuant to the same, they have Been pursuing their grievance Before respondent – authorities for payment of salaries on par to the salary paid to : 7 : Government Officials from the date of their initial entry. Hence, they are seeking for a writ of mandamus to respondents to direct them to take into account the service of petitioners from the date of their initial entry i.e., from the date of appointment instead of date from which they were admitted to grant-in-aid and for a further direction to the respondents to continue and pay the salary and for further direction to the respondents to reckon the services of petitioners from the date of entry into service for the purpose of computing pay scale, seniority and other consequential Benefits as well as pensionary Benefits which they are entitled to. 3. Government has now enacted “The Karnataka Private Aided Educational Institutions Employees (Pay, Pension and other Benefits Regulation) Act, 2014” which came to Be gazetted on 12.02.2014. Said Act provides for regulating salary and allowances and other conditions of service of teaching and non- teaching employees of private educational institutions which have Been admitted to grant-in-aid and to limit : 8 : financial liaBility of the State and other matters connected therein or incidental thereto, wherein right of the employee has Been restricted to claim equivalent salary that is Being paid to Government teachers or employees only from the date it is admitted to grant-in- aid. 4. In that view of the matter, prayer sought for in these writ petitions cannot Be considered and as such, they are liaBle to Be dismissed. Therefore, granting of any further time to comply with office oBjections would only Be exercise in futility. Hence, I do not find any good ground to grant further time to the petitioners to comply with office oBjections. 5. In the result, I proceed to pass the following: ORDER (i) Writ petitions are hereBy dismissed. (ii) Dismissal of these writ petitions will not come in the way of petitioners challenging applicaBility of the Karnataka Private Aided Educational : 9 : Institutions Employees (Pay, Pension and other Benefits Regulation) Act, 2014 to them as has Been done By similarly placed persons. Sri Ravi V Hosamani, learned Additional Government Advocate is permitted to file memo of appearance for respondents within four weeks from today. Sd/- JUDGE Rsh.