- 1 - WP Nos.49644-49670 of 2013

IN THE HIGH COURT OF AT

DATED THIS THE 17 TH DAY OF DECEMBER 2013

BEFORE

THE HON’BLE MR.JUSTICE H.G.RAMESH

WRIT PETITION Nos.49644-49670 OF 2013 (S-RES)

BETWEEN:

1. SRI SHARANAPPA D S/O DODDARANGAPPA AGED ABOUT 48 YEARS WORKING AS ASSISTANT TEACHER SRI GAVIRANGANATHASWAMY HIGH SCHOOL ALAGHATTA, HOSDURGA TALUK

2. SRI H T RUDRESHI S/O D THIPPANNA AGED ABOUT 41 YEARS WORKING AS ASSISTANT TEACHER SRI GAVIRANGANATHASWAMY HIGH SCHOOL ALAGHATTA, HOSDURGA TALUK CHITRADURGA DISTRICT

3. SRI SHEKARAPPA H R S/O RUDRAPPA AGED ABOUT 48 YEARS WORKING AS ASSISTANT TEACHER SRI GAVIRANGANATHASWAMY HIGH SCHOOL ALAGHATTA, HOSDURGA TALUK CHITRADURGA DISTRICT

4. SRI G V NAGARAJ S/O VEERABHADRAPPA AGED ABOUT 48 YEARS WORKING AS ASSISTANT TEACHER SRI GAVIRANGANATHASWAMY HIGH SCHOOL ALAGHATTA, HOSDURGA TALUK CHITRADURGA DISTRICT

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5. SRI A M VEDAMURTHY S/O MAHESHWARAIAH AGED ABOUT 48 YEARS WORKING AS ASSISTANT TEACHER (HINDI) SRI GAVIRANGANATHASWAMY HIGH SCHOOL ALAGHATTA, HOSDURGA TALUK CHITRADURGA DISTRICT

6. SRI M R VIJAYA KUMAR S/O RUDRAPPA AGED ABOUT 45 YEARS WORKING AS PHYSICAL EDUCATION TEACHER SRI GAVIRANGANATHASWAMY HIGH SCHOOL ALAGHATTA, HOSDURGA TALUK CHITRADURGA DISTRICT

7. SRI SRINIVASAMURTHY S/O J T GOVINNDEGOWDA AGED ABOUT 55 YEARS WORKING AS ASSISTANT TEACHER BAPUJI HIGH SCHOOL ADARSHANAGARA, HASSAN

8. SRI P M GURUMURTHY S/O P S MANJEGOWDA AGED ABOUT 53 YEARS WORKING AS HEAD MASTER BAPUJI HIGH SCHOOL ADARSHANAGARA, HASSAN

9. SRI SRINIVASA H K S/O KRISHNAMURTHY AGED ABOUT 38 YEARS WORKING AS HEAD MASTER SRI VIVEKANANDA VIDYA MANDIRA HIGHER PRIMARY SCHOOL MADHUGIRI TOWN TUMKUR DISTRICT

10.SRI V S CHANDRAKANTHAMMA W/O LATE SHIVAKUMARASWAMY AGED ABOUT 42 YEARS WORKING AS ASSISTANT TEACHER SRI VIVEKANANDA VIDYA MANDIRA HIGHER PRIMARY SCHOOL MADHUGIRI TOWN - 3 - WP Nos.49644-49670 of 2013

TUMKUR DISTRICT

11.SRI M N VASUNDARA D/O NAGARAJU B S AGED ABOUT 32 YEARS WORKING AS ASSISTANT TEACHER SRI VIVEKANANDA VIDYA MANDIRA HIGHER PRIMARY SCHOOL MADHUGIRI TOWN TUMKUR DISTRICT

12.SRI RAVIKUMAR G S S/O SOMAIAH AGED ABOUT 43 YEARS WORKING AS ASSISTANT TEACHER SRI KALLESHWARA HIGH SCHOOL YALAGERE SHIKARIPURA TALUK SHIVAMOGGA DISTRICT

13.SRI SUNDAR GANIGA S/O ACHYUTAPPA AGED ABOUT 43 YEARS WORKING AS ASSISTANT TEACHER SRI KALLESHWARA HIGH SCHOOL YALAGERE SHIKARIPURA TALUK SHIVAMOGGA DISTRICT

14.SRI MYLARAPPA MADAR S/O NEELAPPA AGED ABOUT 38 YEARS WORKING AS CRAFT TEACHER SRI KALLESHWARA HIGH SCHOOL YALAGERE, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT

15.SRI UMESH P S/O SHIVAPPA P AGED ABOUT 48 YEARS WORKING AS ASSISTANT TEACHER SRI GURU RUDRAMUNI SHIVAYOGI HIGH SCHOOL AMBARGOPPA SHIKARIPURA TALUK SHIVAMOGGA DISTRICT

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16.SRI VISHVESHWARAIAH RAKKASAGIMATH S/O MALLIKARJUNAIAH AGED ABOUT 43 YEARS WORKING AS SECOND DIVISION ASSISTANT SRI GURU RUDRAMUNI SHIVAYOGI HIGH SCHOOL AMBARGOPPA SHIKARIPURA TALUK SHIVAMOGGA DISTRICT

17.SMT. SOWBHAGYHA H A D/O ANANDAN H.B. AGED ABOUT 45 YEARS WORKING AS ASSISTANT TEACHER HIGH SCHOOL HOSANAGARA SHIVAMOGGA DISTRICT

18.SRI SUDHAKARA N S/O NARAYANA AGED ABOUT 37 YEARS WORKING AS ASSISTANT TEACHER MALENADU HIGH SCHOOL HOSANAGARA SHIVAMOGGA DISTRICT

19.SRI SHANMUKHAPPA B S/O B HUCHAPPA AGED ABOUT 41 YEARS WORKING AS PHYSICAL EDUCATION TEACHER MALENADU HIGH SCHOOL HOSANAGARA SHIVAMOGGA DISTRICT

20.SMT. HALAMMA S D D/O DUGGA NAIK AGED ABOUT 37 YEARS WORKING AS CRAFT TEACHER MALENADU HIGH SCHOOL HOSANAGARA SHIVAMOGGA DISTRICT

21.SRI MANJUNATHA H.C S/O H S CHANNABASAPPA AGED ABOUT 42 YEARS WORKING AS ASSISTANT TEACHER SNA RESIDENTIAL HIGH SCHOOL - 5 - WP Nos.49644-49670 of 2013

GAVADAGERE, HUNSUR TALUK

22.SRI CHANDRASHEKARIAH A S/O Y V ANANTHAIAH AGED ABOUT 47 YEARS WORKING AS ASSISTANT TEACHER SNA RESIDENTIAL HIGH SCHOOL GAVADAGERE, HUNSUR TALUK MYSORE DISTRICT

23.SRI NINGEGOWDA S/O CHIKKABYREGOWDA AGED ABOUT 46 YEARS WORKING AS HEAD MASTGER JNANODAYA HIGH SCHOOL TENGANAYAKANAHALLI TALUK DISTRICT

24.SRI S NAGARAJU S/O SIDDEGOWDA AGED ABOUT 49 YEARS WORKING AS ASSISTANT TEACHER JNANODAYA HIGH SCHOOL TENGANAYAKANAHALLI KANAKAPURA TALUK RAMANAGARA DISTRICT

25.SRI NAGARAJA B S/O BASAVARAJACHARI AGED ABOUT 34 YEARS WORKING AS ASSISTANT TEACHER JNANODAYA HIGH SCHOOL TENGANAYAKANAHALLI KANAKAPURA TALUK RAMANAGARA DISTRICT

26.SRI SIDDARAJU C S/O LATE CHIKKABOLRAIAH AGED ABOUT 38 YEARS WORKING AS PHYSICAL EDUCATION TEACHER JNANODAYA HIGH SCHOOL TENGANAYAKANAHALLI KANAKAPURA TALUK RAMANAGARA DISTRICT - 6 - WP Nos.49644-49670 of 2013

27.SRI SHIVASHANKAR NAIK S/O MADA NAIK AGED ABOUT 54 YEARS WORKING AS SECOND DIVISION ASSISTANT JNANODAYA HIGH SCHOOL TENGANAYAKANAHALLI KANAKAPURA TALUK RAMANAGARA DISTRICT ... PETITIONERS

(BY SRI M.D.KRUPESH, ADV. FOR SRI R. PADMANABHA)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY-II DEPARTMENT OF EDUCATION M.S. BUILDING BANGALORE 560001

2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD BANGALORE 560001

3. THE DIRECTOR FOR PUBLIC INSTRUCTIONS DEPARTMENT OF SECONDARY EDUCATION O/OF COMMISSIONER FOR PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD BANGALORE 560001

4. THE DIRECTOR FOR PUBLIC INSTRUCTIONS DEPARTMENT OF PRIMARY EDUCATION O/OF COMMISSIONER FOR PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD BANGALORE 560001

5. THE DEPUTY DIRECTOR FOR PUBLIC INSTRUCTIONS CHITRADURGA DISTRICT CHITRADURGA

6. THE DEPUTY DIRECTOR FOR PUBLIC INSTRUCTIONS HASSAN

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7. THE DEPUTY DIRECTOR FOR PUBLIC INSTRUCTIONS MADHUGIRI EDUCATIONAL DISTRICT MADHUGIRI TOWN TUMKUR DISTRICT

8. THE DEPUTY DIRECTOR FOR PUBLIC INSTRUCTIONS SHIVAMOGGA DISTRICT SHIVAMOGGA

9. THE DEPUTY DIRECTOR FOR PUBLIC INSTRUCTIONS MYSORE DISTRICT MYSORE

10.THE DEPUTY DIRECTOR FOR PUBLIC INSTRUCTIONS RAMANAGARA DISTRICT RAMANAGAARA 562159 ... RESPONDENTS

(GOVERNMENT ADVOCATE SERVED)

WPs ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF PRAYING TO DIRECT THE RESPONDENTS TO RECKON AND COUNT THE PAST SERVICE RENDERED BY THE PETITIONERS FROM THE DATE OF THEIR INITIAL APPOINTMENTS UP TO THE DATE OF APPROVAL OF THEIR APPOINTMENT WITH AID RESPECTIVELY FOR THE PURPOSE OF FIXATION OF PAY SCALE, SENIORITY, INCREMENTS INCLUDING TBA, PENSIONARY BENEFITS AND OTHER CONSEQUENTIAL SERVICE BENEFITS FLOWING THEREOF BY DISPOSING THE PRESENT PETITIONS IN TERMS OF THE ORDER OF THIS HON'BLE COURT MADE IN W.P.NO.37250-37254/2010 DATED 2.12.2010, W.P.NO.66892- 66910/2011 DT.19.10.2011, & W.P.NO.25447/2010 DISPOSED OF BY ORDER DT.16.8.2010 WHICH IS AFFIRMED BY THE DIVISION BENCH OF THIS HON'BLE COURT IN WRIT APPEAL NO.4788/2010 DT.22.9.2011 AND HON'BLE SUPREME COURT IN SLP (CIVIL) CC 7365/2012 DT.2.7.2012 AND SLP (C) 22176- 22186/2010 AND CONNECTED WITH SLP [C] NO.14870- 15136/2012 DISPOSED OF ON 21.8.2013 VIDE ANNX-U, V, W, X, Y & Z

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WPs COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

H.G.RAMESH, J. (Oral ):

Learned counsel for the petitioners, after arguing the matter for some time, submits that the petitioners have already issued a legal notice in respect of their grievance, and hence, respondent no.1 may be directed to treat the said legal notice as a representation of the petitioners and to consider the same in accordance with law. I find no legal impediment to grant the prayer.

Accordingly, respondent No.1 is directed to treat the aforesaid notice as a representation of the petitioners and to consider the same in accordance with law and to pass an appropriate order on the claim made therein, expeditiously and in any event, within three months from the date of receipt of a copy of this order. The petitioners shall furnish a copy of this order along with a copy of the aforesaid notice to respondent No.1 for taking - 9 - WP Nos.49644-49670 of 2013

necessary action in the matter in accordance with law within the time stipulated above.

Petitions disposed of.

Sd/- JUDGE

GH