: 1 :

IN THE HIGH COURT OF DHARWAD BENCH DATED THIS THE 21 st DAY OF JULY, 2015 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA W.P.Nos.110538-583/2014 (S-RES)

BETWEEN:

1. SRI. S S KURUBAGATTIMATH AGE: 58 YEARS, WORKING AS HEAD MASTER IN SRI BASAVESHWAR HIGH SCHOOL , TALUK: SAVADATTI, DIST:

2. SRI. A M CHOUDAPPANAVAR AGE: 64 YEARS, WORKED AS HEAD MASTER IN SRI BASAVESHWAR HIGH SCHOOL YARAGATTI, TALUK: SAVADATTI, DIST: BELGAUM

3. SRI. D N VAJRAMATTI AGE: 71 YEARS, WORKED AS PEON IN SRI BASAVESHWAR HIGH SCHOOL YARAGATTI, TALUK: SAVADATTI, DIST: BELGAUM

4. SRI. P H PATIL AGE: 64 YEARS, WORKED AS A ASSISTANT TEACHER IN SRI BASAVESHWAR HIGH SCHOOL YARAGATTI, TALUK: SAVADATTI, DIST: BELGAUM : 2 :

5. SRI. J H HALLANDI AGE: 65 YEARS, WORKING AS A PEON IN SRI BASAVESHWAR HIGH SCHOOL YARAGATTI, TALUK: SAVADATTI, DIST: BELGAUM

6. SRI. I B JAMADAR AGE: 61 YEARS, WORKED AS A GRADUATE ASSISTANT IN SRI BASAVESHWAR HIGH SCHOOL YARAGATTI, TALUK: SAVADATTI, DIST: BELGAUM

7. SRI. S S RAYAR AGE: 66 YEARS, WORKED AS A GRADUATE ASSISTANT IN SRI BASAVESHWAR HIGH SCHOOL YARAGATTI, TALUK: SAVADATTI, DIST: BELGAUM

8. SRI. R I JOOGANAVAR AGE: 65 YEARS, WORKED AS A ASSISTANT TEACHER IN SRI BASAVESHWAR HIGH SCHOOL YARAGATTI, TALUK: SAVADATTI, DIST: BELGAUM

9. SRI. S N YAMANAKKANAVAR AGE: 54 YEARS, WORKING AS A PHYSICAL EDUCATION TEACHER IN SRI BASAVESHWAR HIGH SCHOOL YARAGATTI, TALUK: SAVADATTI, DIST: BELGAUM

10. SRI. V S DANDANAIKAR AGE: 65 YEARS, WORKING AS A ASSISTANT TEACHER IN SRI BASAVESHWAR HIGH SCHOOL YARAGATTI, TALUK: SAVADATTI, : 3 :

DIST: BELGAUM

11. SRI. B P MADDANI AGE: 68 YEARS, WORKED AS A ATTENDAR IN SRI BASAVESHWAR HIGH SCHOOL YARAGATTI, TALUK: SAVADATTI, DIST: BELGAUM

12. SRI. Y B MURAKIBHAVI AGE: 59 YEARS, WORKING AS A ASSISTANT TEACHER IN S.S.HIGH SCHOOL, , TALUK: SAVADATTI, DIST: BELGAUM

13. SRI. S N KOLLI AGE: 61 YEARS, WORKED AS A ASSISTANT TEACHER IN S.S.HIGH SCHOOL, INCHAL, TALUK: SAVADATTI, DIST: BELGAUM

14. SRI. S M MIRAJANNAVAR AGE: 56 YEARS, WORKING AS A ASSISTANT TEACHER IN S.S.HIGH SCHOOL, INCHAL, TALUK: SAVADATTI, DIST: BELGAUM

15. SRI. S M BEVINKOPP AGE: 55 YEARS, WORKING AS A LIBRIRIAN IN S.S.HIGH SCHOOL, INCHAL, TALUK: SAVADATTI, DIST: BELGAUM

16. SRI. N B KOLKAR AGE: 55 YEARS, WORKING AS A ATTENDER IN S.S.HIGH SCHOOL, INCHAL, TALUK: SAVADATTI, : 4 :

DIST: BELGAUM

17. SMT. M R RANJANAGI AGE: 61 YEARS, WORKED AS A HEAD MASTER IN S.S.HIGH SCHOOL, INCHAL, TALUK: SAVADATTI, DIST: BELGAUM

18. SRI. I B AGE: 57 YEARS, WORKING AS A ASSISTANT TEACHER IN S.B.Y.M. HIGH SCHOOL, , TALUK: SAVADATTI, DIST: BELGAUM

19. SRI. V S KAJAGAR AGE: 61 YEARS, WORKED AS A HEAD MASTER IN S.B.Y.M. HIGH SCHOOL, TALLUR, TALUK: SAVADATTI, DIST: BELGAUM

20. SRI. M B AGE: 56 YEARS, WORKING AS A ATTENDER IN S.B.Y.M. HIGH SCHOOL, TALLUR, TALUK: SAVADATTI, DIST: BELGAUM

21. SRI. V B NADAGOUDAR AGE: 60 YEARS, WORKED AS A P.E.TEACHER IN S.P.J.G.COMPOSITE JUNIOR COLLEGE (HIGH SCHOOL SECTION) TALUK: SAVADATTI, DIST: BELGAUM

22. SRI. K M WAREPPANAVAR AGE: 56 YEARS, WORKING AS A LIBRARIAN IN S.P.J.G.COMPOSITE JUNIOR COLLEGE (HIGH SCHOOL SECTION) MUNAVALLI TALUK: SAVADATTI, DIST: BELGAUM : 5 :

23. SRI. S K SHIRUR AGE: 58 YEARS, WORKING AS A ASSISTANT TEACHER IN S.P.J.G.COMPOSITE JUNIOR COLLEGE (HIGH SCHOOL SECTION) MUNAVALLI TALUK: SAVADATTI, DIST: BELGAUM

24. SRI. S T AINAPUR AGE: 59 YEARS, WORKING AS A ASSISTANT TEACHER IN S.P.J.G.COMPOSITE JUNIOR COLLEGE (HIGH SCHOOL SECTION) MUNAVALLI TALUK: SAVADATTI, DIST: BELGAUM

25. SRI. P V AGE: 64 YEARS, WORKED AS A ASSISTANT TEACHER IN S.P.J.G.COMPOSITE JUNIOR COLLEGE (HIGH SCHOOL SECTION) MUNAVALLI TALUK: SAVADATTI, DIST: BELGAUM

26. SRI. B S BANI AGE: 59 YEARS, WORKING AS A ASSISTANT TEACHER IN S.P.J.G.COMPOSITE JUNIOR COLLEGE (HIGH SCHOOL SECTION) MUNAVALLI TALUK: SAVADATTI, DIST: BELGAUM

27. SRI. M M HANASI AGE: 65 YEARS, WORKED AS A ASSISTANT TEACHER IN S.P.J.G.COMPOSITE JUNIOR COLLEGE (HIGH SCHOOL SECTION) MUNAVALLI TALUK: SAVADATTI, DIST: BELGAUM

28. SRI. A H AGE: 64 YEARS, WORKED AS A HEAD MASTER IN : 6 :

G.B.HIGH SCHOOL, SAVADATTI TALUK: SAVADATTI, DIST: BELGAUM

29. SRI. S Y KURI AGE: 59 YEARS, WORKING AS A ASSISTANT TEACHER IN G.B.HIGH SCHOOL, SAVADATTI TALUK: SAVADATTI, DIST: BELGAUM

30. SRI. M K ADIN AGE: 59 YEARS, WORKING AS A ASSISTANT TEACHER IN G.B.HIGH SCHOOL, SAVADATTI TALUK: SAVADATTI, DIST: BELGAUM

31. SRI. P M KAMATAR AGE: 52 YEARS, WORKING AS A DRAWING TEACHER IN G.B.HIGH SCHOOL, SAVADATTI TALUK: SAVADATTI, DIST: BELGAUM

32. SRI. F A BILLAL AGE: 61 YEARS, WORKED AS A S.D.C. IN G.B.HIGH SCHOOL, SAVADATTI TALUK: SAVADATTI, DIST: BELGAUM

33. SRI. J V KULKARNI AGE: 57 YEARS, WORKING AS A HEAD MASTER IN G.B.HIGH SCHOOL, SAVADATTI TALUK: SAVADATTI, DIST: BELGAUM

34. SRI. N B BENDIGERI AGE: 63 YEARS, WORKED AS A ASSISTANT TEACHER IN S.F.HIGH SCHOOL, , TALUK: SAVADATTI, DIST: BELGAUM : 7 :

35. SRI. S L GANAGI AGE: 54 YEARS, WORKING AS A ASSISTANT TEACHER IN S.F.HIGH SCHOOL, HANCHINAL, TALUK: SAVADATTI, DIST: BELGAUM

36. SRI. P S LAMANI AGE: 58 YEARS, WORKING AS A ASSISTANT TEACHER IN S.F.HIGH SCHOOL, HANCHINAL, TALUK: SAVADATTI, DIST: BELGAUM

37. SRI. D F JAYABANNAVAR AGE: 52 YEARS, WORKING AS A DRAWING TEACHER IN S.F.HIGH SCHOOL, HANCHINAL, TALUK: SAVADATTI, DIST: BELGAUM

38. SRI. M B MUDARADDI AGE: 55 YEARS, WORKING AS A P.E. TEACHER IN S.F.HIGH SCHOOL, HANCHINAL, TALUK: SAVADATTI, DIST: BELGAUM

39. SRI. B A KAMAT AGE: 68 YEARS, WORKED AS A HEAD MASTER IN B.G.HIGH SCHOOL, HIREKOPPA (K.S), TALUK: RAMADURGA, DIST: BELGAUM

40. SRI. A S BOGUNI AGE: 62 YEARS, WORKED AS A P.E.TEACHER IN B.G.HIGH SCHOOL, HIREKOPPA (K.S), TALUK: RAMADURGA, DIST: BELGAUM

41. SRI. B M PUNDIKATAGI AGE: 68 YEARS, : 8 :

WORKED AS A S.D.A. IN B.G.HIGH SCHOOL, HIREKOPPA (K.S), TALUK: RAMADURGA, DIST: BELGAUM

42. SRI. A G MATHPATI AGE: 69 YEARS, WORKED AS A ASSISTANT TEACHER IN B.G.HIGH SCHOOL, HIREKOPPA (K.S), TALUK: RAMADURGA, DIST: BELGAUM

43. SRI. R M RAYANGOWDA AGE: 60 YEARS, WORKED AS A ASSISTANT TEACHER IN SANGAMESHWAR HIGH SCHOOL, HARAMAGHATTA, TALUK & DIST: SHIMOGA, NOW RESIDING AT RANEBENNUR, DIST: HAVERI

44. SRI. V M AGE: 64 YEARS, WORKED AS A ASSISTANT TEACHER IN JANATHA HIGH SCHOOL, HURALIKUPPI, TQ: SAVANUR, DIST: HAVERI

45. SRI. S C BANNIMATTI AGE: 61 YEARS, WORKED AS A ASSISTANT TEACHER IN SRI KUMARESHWAR HIGH SCHOOL, SANGUR, TQ & DIST: HAVERI

46. SRI. S H AGE: 65 YEARS, WORKED AS A CLERK CUM LIBRARIAN IN S.R.S.HIGH SCHOOL, (NEW HIGH SCHOOL), MUDALAGI, TQ: , DIST: BELGAUM ... PETITIONERS (BY SRI. P G CHIKKANARAGUND, ADV.,)

AND : 9 :

1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPRTMENT OF EDUCATION, M.S.BUILDING, BENGALORE-01

2. THE ADDL.COMMISSIONER FOR PUBLIC INSTRUCTIONS COLLEGE ROAD, DHARWAD

3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, BELGAUM DIST, BELGAUM

4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS , DIST: BELGAUM

5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS HAVERI, DIST: HAVERI

6. THE BLOCK EDUCATION OFFICER SAVADATTI TALUK, SAVADATTI

7. THE BLOCK EDUCATION OFFICER RAMADURGA TALUK, RAMADURGA

8. THE BLOCK EDUCATION OFFICER RANEBENNUR TALUK, RANEBENNUR

9. THE BLOCK EDUCATION OFFICER SAVANUR TALUK, SAVANUR

10. THE BLOCK EDUCATION OFFICER MUDALAGI RANGE, MUDADLAGI, TALUK: GOKAK, DIST: BELGAUM : 10 :

11. THE ACCOUNTANT GENERAL IN KARNTAKA (ENTITLEMENT & ACCOUNTS), PARK HOUSE, BANGALROE-01 ... RESPONDENTS (BY SRI. RAVI V. HOSAMANI, AGA)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF , PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 15.10.2014 AT ANNEXURE- D AND EXTEND THE BENEFIT OF THE KARNATAKA CIVIL SERVICES (SERVICE AND LANGUAGE EXAMINATION) RULES,1974 READ WITH THE CIRCULAR DATED 03.11.2000 AND 12.09.2001 (PRODUCED AT ANNEXURE-A AND B) AND THE JUDGMENT OF THIS HON'BLE COURT DATED 10.08.2012 PASSED IN W.P.NO.19846 TO 20413/2012 TO THE PETITIONERS I.E., GRANT OF ONE ADDITIONAL INCREMENT WITH ALL CONSEQUENTIAL BENEFITS TO THE PETITIONERS.

THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER Learned AGA is directed to take notice for the respondents.

2. Today learned Counsel for the petitioners has filed a memo, which reads as under:

MEMO In the above matter the petitioners respectfully submits that they have filed the above writ petition seeking to issue a : 11 :

writ of Mandamus directing the respondents to extend the benefit of the Karnataka Civil Services (Service & Kannada Language Examination Rules 1974 by considering the Judgment of this Hon’ble Court dated 10.08.2012 passed in W.P.No.19846-20413/2012 to the petitioners i.e. grant of one additional increment with all consequential benefits.

Now during the pendency of the above petitioners the 1 st respondent State Government has brought the Amendment to Section 87 of the Karnataka Education Act 1983 by Karnataka Act No.4 of 2015 dated 09.01.2015 and thereby cancelled the said benefits to the employees of the Private Aided Education Institutions.

WHEREFORE, it is respectfully pray that this Hon’ble Court may pleased to dispose of the above writ petitions with Liberty to the petitioners to challenge the said Government Order dated 09.01.2015. In the interest of justice and equtiy.

3. In view of the memo dated 21.07.2015, writ petitions are disposed of with liberty to the petitioners to challenge Act

No.4 of 2005 dated 09.01.2015. : 12 :

Learned AGA is permitted to file memo of appearance within two weeks from today.

SD/- JUDGE BS