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1 in the High Court of Karnataka at Bengaluru

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1 in the High Court of Karnataka at Bengaluru 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31 ST DAY OF AUGUST, 2015 BEFORE THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN WRIT PETITION NOS.3471-3505 OF 2015 (S-RES) BETWEEN: 1. SRI C. BASAVARAJAPPA S/O. SRI CHIKKANAGAPPA AGED ABOUT 51 YEARS ASSOCIATE PROFESSOR OF HISTORY S. J. M. ARTS, SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501 RESIDING AT “SRI RANGA”, BANNIKATTE PRASHANTHNAGAR CHITRADURGA. 2. SRI H. K. SHIVAPPA S/O. SRI H. KOTRABASAPPA AGED ABOUT 51 YEARS ASSOCIATE PROFESSOR OF COMMERCE S. J. M. ARTS SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501 RESIDING AT “SAMRUTHI” JAYALAKSHMI LAYOUT CHITRADURGA. 3. SRI S. B. SHIVAKUMAR S/O. SRI S. B. VISHWANATH AGED ABOUT 52 YEARS ASSOCIATE PROFESSOR OF SOCIOLOGY S. J. M. ARTS SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501 RESIDING AT BASAVASHREE DO.NO.45, 4 TH CROSS, J. C. ROAD RAJENDRANAGAR CHITRADURGA. 2 4. SRI R. K. KEDARNATH S/O. SRI KARISIDDAIAH AGED ABOUT 51 YEARS ASSOCIATE PROFESSOR OF POLITICAL SCIENCE S. J. M. ARTS, SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501 RESIDING AT DHARUKA LAYOUT J. M. ROAD CHITRADURGA. 5. SRI S. M. KOTRESHAPPA S/O. SRI MAHESHWARAPPA S. AGED ABOUT 60 YEARS ASSOCIATE PROFESSOR OF ECONOMICS S. J. M. ARTS SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501 RESIDING AT JAYALAKSHMI BADAVANE CHITRADURGA. 6. SMT. P. YASHODA W/O. SRI B. RAJASHEKARAPPA AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR OF KANNADA S. J. M. ARTS, SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501 RESIDING AT 3RD CROSS, JCR EXTENSION CHITRADURGA. 7. SRI N. THIPPANNA S/O. SRI K. NINGAPPA AGED ABOUT 51 YEARS SUPERINTENDENT S. J. M. ARTS, SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501 RESIDING AT MAHAVEERA BADAVANE CHITRADURGA. 8. SRI K. T. KESHAVA MURTHY S/O. SRI K. THIPPAIAH AGED ABOUT 52 YEARS FIRST DIVISION ASSISTANT S. J. M. ARTS, SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501. RESIDING AT NEAR RAILWAY STATION CHITRADURGA. 3 9. SMT. B. T. SIDDAMMA W/O. SRI P. LINGAPPA AGED ABOUT 45 YEARS TYPIST S. J. M. ARTS, SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501 RESIDING AT DHARUKA LAYOUT J. M. ROAD CHITRADURGA. 10. SMT. K. M. SOWBHAGYA D/O. SRI K. M. MURUGENDRAIAH AGED ABOUT 56 YEARS CLERK CUM TYPIST S. J. M. ARTS, SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501 RESIDING AT NEAR RAILWAY STATION ROAD CHITRADURGA. 11. SRI K. H. NAGARAJA S/O. SRI HANUMANTHAPPA AGED ABOUT 50 YEARS LIBRARY ASSISTANT S. J. M. ARTS, SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501 RESIDING AT NEAR THRUVANOOR ROAD CHITRADURGA. 12. SMT. USHA MANI K. W/O. SRI CHANNANANJAPPA AGED ABOUT 59 YEARS SECOND DIVISION ASSISTANT S. J. M. ARTS, SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501 RESIDING AT KAMANABHAVI BADAVANE CHITRADURGA. 13. SRI C. G. BHARANGI S/O. SRI GUDDAPPA AGED ABOUT 45 YEARS SECOND DIVISION ASSISTANT S. J. M. ARTS, SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501 RESIDING AT CHITRADURGA. 4 14. SRI N. S. KUMARASWAMY S/O. SRI SIDDAVEERAPPA AGED ABOUT 49 YEARS ATTENDER S. J. M. ARTS, SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501 RESIDING AT NEHRUNAGAR CHITRADURGA. 15. SRI B. HANUMANTHAPPA S/O. SRI BHEEMAPPA DOGGALLI AGED ABOUT 44 YEARS ATTENDER S. J. M. ARTS, SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501 RESIDING AT CHITRADURGA. 16. SMT. BHAGYAMMA W/O. SRI CHIKKANNA AGED ABOUT 55 YEARS GARDENER S. J. M. ARTS, SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501 RESIDING AT JAYALAKSHMI BADAVANE CHITRADURGA. 17. SRI G. R. JAYAPPA S/O. SRI GOWDARA RANGAPPA AGED ABOUT 46 YEARS PEON S. J. M. ARTS, SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501 RESIDING AT CHITRADURGA. 18. SRI E. V. RAJEEVALOCHANA REDDY S/O. SRI YARRA VENKATAPPA AGED ABOUT 41 YEARS PEON S. J. M. ARTS, SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501. RESIDING AT CHITRADURGA. 5 19. SRI R. MANJUNATH S/O. SRI RAJANNA AGED ABOUT 38 YEARS PEON S. J. M. ARTS, SCIENCE AND COMMERCE COLLEGE CHITRADURGA-577501 RESIDING AT MKT CHITRADURGA. 20. SMT. P. GAYATHRI D/O. SRI CHANNABASAPPA AGED ABOUT 48 YEARS ASSOCIATE PROFESSOR IN ECONOMIC S. J. M. WOMEN’S COLLEGE CHITRADURGA RESIDING AT SANGAMESHWARA LAYOUT BEHIND AAKSASHVANI CHITRADURGA. 21. SRI G. GANGADHARAIAH S/O. SRI G. MALLIKARJUNAIAH AGED ABOUT 57 YEARS SUPERINTENDENT S. J. M. WOMEN’S COLLEGE CHITRADURGA-577501. RESIDING AT JCR EXTENSION, 7 TH CROSS CHITRADURGA. 22. SRI CHELUVARAJU N. S/O. SRI NARASAPPACHAR AGED ABOUT 50 YEARS LIBRARIAN S. J. M. WOMEN’S COLLEGE CHITRADURGA RESIDING AT HOUSING BOARD COLONY CHITRADURGA. 23. SRI S. RUDRAPPA S/O. SRI H. SIDDAPPA AGED ABOUT 49 YEARS PEON S. J. M. WOMEN’S COLLEGE CHITRADURGA RESIDING AT GAREHATTI CHITRADURGA. 6 24. SRI LINGAPPA S/O. SRI P. MALLAIAH AGED ABOUT 53 YEARS ASSOCIATE PROFESSOR IN ENGLISH S. J. M. FIRST GRADE COLLEGE TARIKERE CHIKMAGALUR DISTRICT RESIDING AT KEMMANGUNDI ROAD TARIKERE. 25. SRI G. N. BASAVARAJAPPA S/O. SRI G. K. NANJUNDAPPA AGED ABOUT 50 YEARS ASSOCIATE PROFESSOR IN KANNADA S. J. M. FIRST GRADE COLLEGE TARIKERE CHIKMAGALUR DISTRICT RESIDING AT KEMMANGUNDI ROAD TARIKERE. 26. SRI K. R. VEERESH S/O. SRI RACHAPPA AGED ABOUT 52 YEARS ASSOCIATE PROFESSOR IN POLITICAL SCIENCE S. J. M. FIRST GRADE COLLEGE TARIKERE CHIKMAGALUR DISTRICT RESIDING AT KEMMANGUNDI ROAD TARIKERE. 27. SRI M. E. BHADRAPPA S/O. SRI M. ESHWARAPPA AGED ABOUT 50 YEARS ASSOCIATE PROFESSOR IN HISTORY S. J. M. FIRST GRADE COLLEGE TARIKERE CHIKMAGALUR DISTRICT RESIDING AT KEMMANGUNDI ROAD TARIKERE. 7 28. SRI REVANASIDDAPPA V. HEGADAL S/O. SRI VEERAPPA AGED ABOUT 45 YEARS ASSOCIATE PROFESSOR IN COMMERCE S. J. M. FIRST GRADE COLLEGE TARIKERE CHIKMAGALUR DISTRICT RESIDING AT KEMMANGUNDI ROAD TARIKERE. 29. SRI B. R. DAMMALLI S/O. SRI RUDRAPPA AGED ABOUT 47 YEARS ASSOCIATE PROFESSOR IN COMMERCE S. J. M. FIRST GRADE COLLEGE TARIKERE CHIKMAGALUR DISTRICT RESIDING AT KEMMANGUNDI ROAD TARIKERE. 30. SRI T. N. RAJPUT S/O. SRI NALAPPA AGED ABOUT 45 YEARS ASSOCIATE PROFESSOR IN HISTORY S. J. M. FIRST GRADE COLLEGE TARIKERE CHIKMAGALUR DISTRICT RESIDING AT KEMMANGUNDI ROAD TARIKERE. 31. SRI T. RAMA BHOVI S/O. SRI THIMMA BHOVI AGED ABOUT 51 YEARS SECOND DIVISION ASSISTANT S. J. M. FIRST GRADE COLLEGE TARIKERE CHIKMAGALUR DISTRICT RESIDING AT KEMMANGUNDI ROAD TARIKERE. 8 32. SRI M. THIPPESWAMY S/O. SRI THIPPESWAMY AGED ABOUT 41 YEARS PEON S. J. M. FIRST GRADE COLLEGE TARIKERE CHIKMAGALUR DISTRICT RESIDING AT KEMMANGUNDI ROAD TARIKERE. 33. SRI S. PRABHUSWAMY S/O. SRI SIDDAPPA AGED ABOUT 41 YEARS PEON S. J. M. FIRST GRADE COLLEGE TARIKERE CHIKMAGALUR DISTRICT RESIDING AT KEMMANGUNDI ROAD TARIKERE. 34. SRI G. M. MURIGISWAMY S/O. SRI G. M. REVANASIDDAIAH AGED ABOUT 52 YEARS ASSOCIATE PROFESSOR IN HISTORY S. J. V. P. COLLEGE HARIHAR RESIDING AT NO.3901/14, 13 TH CROSS TARALABALU EXTENSION DAVANAGERE-570005. 35. SRI T. RUDRAPPA S/O. SRI THIPPESWAMY AGED ABOUT 53 YEARS LIBRARIAN S. J. M. V. BAJSS WOMEN’S COLLEGE RANEBENNUR RESIDING AT BEHIND JMIT CAMPUS CHITRADURGA. ... PETITIONERS (BY SRI M.S. PARTHASARATHI, ADV.) 9 AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION M. S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE-560001. 2. THE COMMISSIONER FOR COLLEGIATE EDUCATION PALACE ROAD BANGALORE-560001. 3. THE DIRECTOR OF COLLEGIATE EDUCATION PALACE ROAD BANGALORE-560001. 4. THE REGIONAL JOINT DIRECTOR OF COLLEGIATE EDUCATION SHIMOGA DIVISION SHIMOGA-577203. 5. THE REGIONAL JOINT DIRECTOR OF COLLEGIATE EDUCATION DHARWAD DIVISION DHARWAD-580001. ... RESPONDENTS (BY SMT. RAFFIUNNISA, H.C.G.P. FOR R-1 TO 5) * * * THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES [REGULATION OF PAY, PENSION AND OTHER BENEFITS] ACT, 2014 DATED 12-2-2014 VIDE ANNEXURES-‘AE’ AND AE-1, AND ETC. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: 10 O R D E R The learned counsel for the petitioners suBmits that in the present petitions, he has challenged the constitutional validity of the Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other Benefits) Act, 2014. According to the learned counsel, the issue raised in the present petitions was also raised in W.P. No.21216 of 2014 and connected matters. The said writ petitions have Been decided By this Court By order dated 10-7-2015. By the said order, the co-ordinate Bench has struck down the said Act as Being unconstitutional. 2. The operative portion of the said order is as under: (i) Writ Petitions are hereBy allowed. 11 (ii) The Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other Benefits) Act, 2014 (Karnataka Act No.07/2014) is hereBy struck down as ultravires of Constitution of India as it is opposed to Article 14 of Constitution of India and also encroaches upon the judicial powers of the Courts as discussed herein aBove. (iii) Respondent – State shall continue to pay salary or pension as the case may Be, to petitioners and similarly placed persons as was Being paid pursuant to its earlier orders or in other words, as it was Being paid prior to impugned enactment. 12 OR Respondent - State shall comply with the directions already issued By this Court extending the monetary Benefits and treating the petitioners working in Private Aided Educational Institutions on par with the employees working in Government Institutions. (iv) In the event of respondent – State having recovered any amount/s pursuant to the impugned enactment, same is hereBy ordered to Be refunded to the respective petitioner/s By the State expeditiously, at any rate within eight weeks from the date of receipt of certified copy of this order. 13 3. Therefore, the learned counsel for the petitioners suBmits that the present petitions are equally covered By the said order.
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