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In the High Court of Karnataka at Bengaluru

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In the High Court of Karnataka at Bengaluru 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11 TH DAY OF DECEMBER 2015 BEFORE THE HON’BLE MR. JUSTICE ASHOK B. HINCHIGERI WRIT PETITION Nos.54906-54937/2015 (S-RES) BETWEEN: 1. Dr. M.S.Swayamprabha, W/o B.K. Subramanyam, Aged about 62 years, Retd. Associate Professor of Zoology, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. R/at No.1470, 5 th Main, ‘E’ Block, 2nd Stage, Rajajinagar, Bengaluru – 560 010. 2. Dr. K. Hemalatha, W/o K. Harishchandra, Aged about 54 years, Associate Professor of Mathematics, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 3. Elizabeth Jose, D/o K.C. Chacko, Aged about 56 years, Associate Professor of History, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 2 4. Dr. Soosamma Mathews, W/o K. Mathews, Aged about 62 years, Retd. Associate Professor of Botany, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. R/at: L 74, Sector – X, 7 th Main, LIC Colony, Jeevan Bima Nagar, Bengaluru – 560 075. 5. K.N. Dakshayani, W/o Srikanta Murthy, Aged about 55 years, Associate Professor of Kannada, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 6. Dr. T.R. Meena, D/o T.R. Rajagopalan, Aged about 57 years, Associate Professor of Tamil, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 7. R. Nalini, W/o V. Parameshwaram, Aged about 57 years, Associate Professor of Physics, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 3 8. V. Claramma Thomas, D/o V.J.Thomas, Aged about 53 years, Associate Professor of Physics, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 9. R.J. Geetha, W/o M.R.Suryanarayana Singh, Aged about 59 years, Associate Professor of Chemistry, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 10. Dr. Charmaine Jerome, W/o Dr. E. Jerome Xavier, Aged about 52 years, Associate Professor of Chemistry, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 11. Dr. Geeta Mohan, W/o Mohan Raghavan, Aged about 52 years, Associate Professor of Zoology, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 12. C.M. Vimala, W/o C.R. Francis, Aged about 55 years, Associate Professor of Zoology, 4 Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 13. P.P. Sathyabhama, W/o P.V. Damodar, Aged about 54 years, Associate Professor of Chemistry, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 14. Jacintha Fernandez, W/o Thomas Fernandez, Aged about 54 years, Associate Professor of Chemistry, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 15. Dr. J. Aruna Kumari, W/o M. Sreenivasulu Naidu, Aged about 58 years, Associate Professor of Zoology, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 16. Dr. Mythili Jagannath, W/o R. Jagannath, Aged about 57 years, Associate Professor of Zoology, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 5 17. Leila Ann Verghese, W/o Abraham Verghese, Aged about 57 years, Associate Professor of Psychology, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 18. Sudha Medapa, W/o K.C. Medapa, Aged about 59 years, Associate Professor of Chemistry, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 19. Shubha Murthy, W/o P.N. Murthy, Aged about 62 years, Retd. Associate Professor of Chemistry, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. R/at No.692, 16 th Main, 45h ‘T’ Block, Jayanagar, Bengaluru – 560 041. 20. Mary Mathew, W/o K.T. Mathew, Aged about 58 years, Associate Professor of English, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 6 21. Dr. K.S. Shamala, W/o K.B. Gopala Krishna, Aged about 46 years, Associate Professor of Physics, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 22. Letitia Lizzie Jeswant, W/o J.M. Jeswant, Aged about 56 years, Associate Professor of Physics, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 23. Dr. SR. Violet, D/o Yuvjine A. Farnandes, Aged about 61 years, Retd. Associate Professor of Kannada, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. R/at Designated Quarters, C/o Mount Carmel Convent, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 24. Kalpan U. Haridas, W/o Udayanand L. Haridas, Aged about 59 years, Associate Professor of History, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 7 25. Sujaya Sundaram, W/o K. Sundaram, Aged about 50 years, Associate Professor of English, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 26. Dr. Asha D. Shirolikar, W/o D.L.Shirolikar, Aged about 57 years, Associate Professor of Hindi, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 27. Dr. Patri Roshni Rao, W/o Dr. P.S. Sastry, Aged about 54 years, Associate Professor of Botany, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 28. Dr. George Lekha, W/o Manoj Tharian, Aged about 48 years, Associate Professor of Botany, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 29. Meera P. Rao, W/o S. Pandu Rao, Aged about 55 years, Associate Professor, 8 Dept. of Physical Education, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 30. Dr. V. Uma, W/o Iyer Chandra, Aged about 55 years, Associate Professor of Electronics, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 31. Valsamma Sebastian, W/o K.A. Sebastian, Aged about 56 years, Associate Professor of Political Science, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. 32. Dr. Surekha S. Kendale, W/o Shankar Tuljaram Kendale, Aged about 61 years, Retd. Associate Professor of Hindi, Mount Carmel College, No.58, Palace Road, Vasanth Nagar, Bengaluru – 560 052. R/at No.201, Building – 1, Shanthi Park Apartments, Jayanagar 9 th Block, Bengaluru – 560 069. …Petitioners (By Sri K.B. Muralidhar, Advocate) 9 AND: 1. State of Karnataka, By its Principal Secretary to Government, Education Department (Higher Education), M.S. Building, Bengaluru – 560 001. 2. The Principal Secretary to Government, Finance Department, Government of Karnataka, Vidhana Soudha, Bengaluru – 560 001. 3. The Commissioner for Collegiate Education in Karnataka, Bengaluru – 560 001. 4. Union of India, By its Secretary to Government, Ministry of Human Resource Development, Department of Higher Education, Shastri Bhavan, New Delhi – 110 001. 5. Accountant General in Karnataka (A & E), Park House, Bengaluru – 560 001. 6. The Joint Director of Collegiate Education, Sheshadri Road, Bengaluru – 560 001. … Respondents (By Smt. Rafeeunissa, HCGP for R-1 to R-3 and R-5 and R-6, Sri Krishna S. Dixit, ASG for R-4) 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 arrears of earned leave encashment to the petitioners for the period from 1.1.2006 to 23.12.2009 in one instalment, as has been paid to Dr.B.S.Moodithaya as evident from 10 the orders of this Hon’ble Court passed in W.P.No.15175/2009 (S- R) dated 7.12.2010 and in CCC (Civil) No.1757/2011 dated 2.1.2012 (Annexure – L and M and as done in the case of Dr. Shankar N.Holihosur and others W.P.No.112957-113010/2014 (S- R) and connected cases dated 5.2.2015 (Annexure-Q) with interest at 12% per annum. These writ petitions coming on for preliminary hearing in ‘B’ group this day, the Court made the following: O R D E R The petitioners are agitating their claim to receive the arrears of salary, etc. as per the revised pay rules. 2. Sri K.B.Muralidhar, the learned counsel for the petitioners submits that the matter is fully covered by this Court’s order, dated 5.2.2015 (Annexure-Q) passed in W.P.Nos.112957-113040/2014 and other connected petitions. The learned counsel for the respondents are in no position to dispute the same. 3. As the issue is no more res-integra and as they are fully covered by this Court’s order, dated 5.2.2015 passed in W.P.Nos.112957-113040/2014 and other connected petitions, I dispose of these petitions with the following order: 11 (i) A writ of mandamus is issued to the respondent Nos.1 to 3 and 5 to pay arrears of salary and other emoluments as per revised pay scale to which the petitioners would be entitled to for the period from 1.1.2006 to 23.12.2009 within three months from the date of receipt of copy of this order and on failure to make such payment petitioners would be entitled to interest @ 8% p.a. (ii) It is needless to state that on the request made by the State Government after payment, for releasing 80% of the contribution payable by the Central Government and on such request being received within three months thereof, the Central Government shall release the said amount as per the provisions of the scheme. 4. No order as to costs. Sd/- JUDGE MD .
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