: 1 :

IN THE HIGH COURT OF DHARWAD BENCH

DATED THIS THE 10 TH DAY OF JULY, 2015 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA

W.P. Nos.106008-106051/2015 (S-R)

BETWEEN

1. T.M. AMINABHAVI S/O. MALLESHAPPA AGE: 68 YEARS, RETD. PROFESSOR OF CHEMISTRY KARNATAKA UNIVERSITY, DHARWAD R/AT: BHARATHI, NEAR PAVAN SCHOOL, SHIVAGIRI, DHARWAD-580001.

2. D N THIMMA REDDY S/O. D VEERANNA AGE: 66 YEARS, RETD. ASSOCIATE PROFESSOR V N COLLEGE, R/AT: C/O. DR B B BIRADAR, 13TH CROSS, NIRMAL NAGAR DHARWAD-580003.

3. SHANKARAPPA B. NANDIGAVI S/O. BASAPPA NANDIGAVI AGE: 64 YEARS, RETD. ASSOCIATE PROFESSOR OF KANNADA RTE SOCIETYIS ARTS SCIENCE & COMMERCE COLLEGE, RANEBENNUR : 2 :

R/AT: SAMRUDDI, 5TH CROSS, RAJESHWARI NAGAR, RANEBENNUR-581 DIST:HAVERI.

4. SHETU KRISHNARAO KOTI W/O. KRISHNARAO KOTI AGE: 64 YEARS, RTE SOCIETYS ARTS, SCIENCE & COMMERCE COLLEGE, RANEBENNUR R/AT: SUBHAS V SAWKAR, VINAYAK NAGAR, NEAR BUS STAND , RANEBENNUR DIST:HAVERI

5. KUCHELA H. DODDAYENKANNA S/O. HALAPPA DODDAYENKANNA AGE: 63 YEARS, RTE SOCIETYIS ARTS, SCIENCE & COMMERCE COLLEGE, RANEBENNUR R/AT: 3RD MAIN, 7TH CROSS, GOURISHANKAR NAGAR, RANEBENNUR DIST:HAVERI

6. RAJANNA S/O. CHEKKATHIMMAPPA AGE: 64 YEARS, RETD. ASSOCIATE PROFESSOR OF COMMERCE RTE SOCIETYIS ARTS, SCIENCE & COMMERCE COLLEGE, RANEBENNUR R/AT: NO. 354, IST MAIN 4TH CROSS, UMASHANAKR NAGAR, RANEBENNUR DIST:HAVERI

7. NEELAKANTHAYYA KUGALI S/O. MALLAYYA KUGALI AGE: 60 YEARS RETD. ASSOCIATE PROFESSOR & INCHARGE PRINCIPAL : 3 :

B V V S BASAVESHWARA SCIENCE COLLEGE, BAGALKOT R/AT: 17TH CROSS, VIDYAGIRI, BAGALKOT

8. DR GEETA DATTATRAYA PUJARI W/O. DR DATTATRAYA K PUJARI AGE 66 YEARS, RETD. ASSOCIATE PROFESSOR OF HINDI SHIVAJI ARTS, COMMERCE & BCA COLLEGE, BAAD, KARWAR R/AT: ASHOK, TELANG ROAD, NANDANGADDA, KARWAR UTTAR KANNADA

9. VIJAYALAXMI M NAIK W/O. MANESHWAR NAIK AGE: 64 YEARS, RETD. ASSOCIATE PROFESSOR OF POLITITAL SCIENCE & PRINCIPAL GRADE-I, SHIVAJI ARTS & COMMERCE COLLEGE, BAAD, KARWAR R/AT: C/O. D K PUJARI TELANG ROAD, NANDANGADDA, KARWAR DIST: UTTAR KANNADA

10. ALKA M RANE W/O. MUKUND P RANE AGE: 60 YEARS, RETD. ASSOCIATE PROFESSOR OF HINDI, SHIVAJI ARTS & COMMERCE COLLEGE, BAAD, KARWAR R/AT: ANKUR APARTMENTS, IST FLOOR, NANDANGADDA, NANDANGADDA, KARWAR : 4 :

DIST: UTTAR KANNADA

11. SAINATH RAMACHANDRA SAIL S/O. RAMACHANDRA P SAIL AGE: 63 YEARS, RETD. ASSOCIATE PROFESSOR OF ECONOMICS & PRINCIPAL SHIVAJI ARTS & COMMERCE COLLEGE, BAAD, KARWAR R/AT: RAM SITA NIVAS, SAILWADA, MAJALI,KARWAR DIST: UTTAR KANNADA

12. PRAKSH P ANVEKAR S/O. PANDURANG ANVEKAR AGE: 61 YEARS, RETD. ASSOCIATE PROFESSOR OF COMMERCE SHIVAJI ARTS & COMMERCE COLLEGE, BAAD, KARWAR R/AT: MAHAMAYA KRUPA, SADASHIVGAD MAIN ROAD, KARWAR DIST: UTTAR KANNADA

13. HANAMAPPA N KAKARADDI S/O. NEELAPPA KAKARADDI AGE: 61 YEARS, RETD. ASSOCIATE PROFESSOR OF ENGLISH S S B M ARTS, COMMERCE & SCIENCE COLLEGE, BADAMI, BAGALKOT R/AT: RANGANATH NILAYA NEAR FOREST OFFICE, SHANTI NAGAR, BAGALKOT. : 5 :

14. KRISHNARAYA V NAIK S/O. VISHARAM K NAIK AGE: 66 YEARS, RETD. PHYSICAL EDUCATION DIRECTOR SHIVAJI ARTS & COMMERCE COLLEGE, BAAD, KARWAR R/AT: KATHINKON, KARWAR DIST:UTTAR KANNADA.

15. DR CHANDRAKANT V CHAVAN S/O VISHWANATH N CHAVAN AGE: 61 YEARS, RETD. ASSOCIATE PROFESSOR OF KANNADA SMT. A S M COLLEGE FOR WOMEN BALLRI, R/AT: NO. 124/C 5TH MAIN 3RD CROSS, KUVEMPUNAGAR, BALLARI

16. DR MALLAPPA G WARI S/O GOOLAPPA S WARI AGE: 61 YEARS, RETD. ASSOCIATE PROFESSOR OF KANNADA S S B M ARTS COMMERCE & SCIENCE COLLEGE BADAMI , BAGALKOT R/AT: 5TH CROSS, CHALUKYANAGAR, BADAMI DIST: BAGALKOT.

17. K R CHANDRA MOULI S/O. K RUDRAGOUD AGE: 65 YEARS RETD. ASSOCIATE PROFESSOR OF CHEMISTRY SMT A S M COLLEGE FOR WOMEN BALLARI, R/AT: NO. 122(B), ASWINI SONTHA LINGANNA COLONY, GANDHINGAR, BALLARI. : 6 :

18. DR YASHAVANT B KUMASI S/O. BASAPPA S KUMASI AGE: 61 YEARS RETD. ASSOCIATE PROFESSOR OF COMMERCE VEERASHAIVA COLLEGE, BALLARI R/AT: NO. 20 SHIVAKRUPA 4TH MAIN, SIDDARTH COLONY BEHIND KEB, GANDHINAGAR, BALLARI

19. DR K M AJJAIAH S/O. M GURUPADAIAH AGE: 63 YEARS RETD. ASSOCIATE PROFESSOR OF ECONOMICS VEERASHAIVA COLLEGE, BALLARI R/AT: 140/90, CHAITANYA 2ND MAIN, 4TH CROSS, BASAVESHWARANAGAR, BALLARI

20. DR G K VISVESWARAPPA S/O. GANEKAL KURUGODAPPA AGE: 61 YEARS RETD. ASSOCIATE PROFESSOR OF KANNADA SMT. A S M COLLEGE FOR WOMEN BALLARI R/AT: 2ND MAIN, 2ND CROSS, BASAVESHWARANAGAR, BALLARI

21. R YERANNA S/O. R RAMALINGANAGOUD AGE: 62 YEARS RETD. ASSOCIATE PROFESSOR OF ECONOMICS SMT. A S M COLLEGE FOR WOMEN BALLARI R/AT: SREE YERRITATA KRUPA 2ND CROSS, RENUKANAGAR, NEAR BASAVESHWARANAGAR, BALLARI

22. H VIJAY KUMAR S/O H SOOGANNA AGE: 62 YEARS RETD. ASSOCIATE PROFESSOR OF HINDI : 7 :

SMT. A S M COLLEGE FOR WOMEN BALLARI R/AT: NO. 84A, SRI NIKUNJ 2ND CROSS, RENUKANAGAR, NEAR BASDAVESHWARANAGAR, BALLARI

23. DR K TEJAS MURTHY S/O. K RUDRA GOUD AGE: 61 YEARS RETD. ASSOCIATE PROFESSOR OF COMMERCE & INCHARGE PRINCIPAL SMT. A S M COLLEGE FOR WOMEN BALLARI R/AT: SHIVAMAYAM, 3RD CROSS, SONTHA LINGANNA COLONY GANDHINAGAR, BALLARI

24. N P LINGANA GOUD S/O. N P RUDRA GOUD AGE: 65 YEARS RETD. ASSOCIATE PROFESSOR OF POLITICAL SCIENCE & PRINCIPAL GRADE I VEERASHAIVA COLLEGE, BALLARI R/AT: 116, POTALIGESWARA NILAYA, VEERANAGOUD COLONY, CLUB ROAD, BALLARI

25. S NAGARAJA S/O. B SANNAPPA AGE: 61 YEARS RETD. ASSOCIATE PROFESSOR OF CHEMISTRY & INCHARGE PRINCIPAL SMT A S M COLLEGE FOR WOMEN BALLARI, R/AT: BEHIND RAJESWARI ITI, 2ND MAIN ROAD, PARVAHI NAGAR BALLARI : 8 :

26. DR MOHAN M MUTSADDI S/O. MADHAVARAO MUTSADDI AGE: 60 YEARS ASSOCIATE PROFESSOR OF PHYSICS B V V S BASAVESHWAR SCIENCE COLLEGE, BAGALKOT R/AT: GANGAVATHI COMPOUND, KILLA, BAGALKOT-587 101.

27. GIRIGOUDA H. HANSANUR S/O. HANAMANTAGOUDA AGE: 63 YEARS RETD. ASSOCIATE PROFESSOR S S B M ARTS COMMERCE & SCIENCE COLLEGE, BADAMI DIST: BAGALKOT R/AT: CHALUKYANAGAR, 4TH CROSS BADAMI, DIST: BAGALKOT.

28. SURESH D PUJAR S/O. DIGAMBAR BHATPUJAR AGE: 62 YEARS RETD. ASSOCIATE PROFESSOR S S B M ARTS, COMMERCE & SCIENCE COLLEGE, BADAMI DIST: BAGALKOT R/AT: BANASHREE, LAXMI NAGAR, BEHIND COURT, BADAMI, DIST: BAGALKOT.

29. SALEHA M KHAYUM W/O. M KHAYUM, AGE: 62 YEARS RETD. ASSOCIATE PROFESSOR OF ENGLISH, BANGUR NAGAR, ARTS, COMMERCE & SCIENCE COLLEGE, DANDELI, R/AT: NO. 26 OLD BADAMI NAGAR, NEAR RAMESH BHAVAN, KESHWAPUR HUBBALLI : 9 :

30. SHREEPAD M HEGDE S/O. MAHABALESHWAR HEGDE AGE: 61 YEARS RETD. ASSOCIATE PROFESSOR OF STATISTICS, BANGUR NAGAR, ARTS, COMMERCE & SCIENCE COLLEGE, DANDELI, R/AT: NO. 797 NEAR VIJAYA SAW MILL, MANJAVALLI, SIRSI DIST:UTTAR KANNADA

31. NARAYAN S BHAT S/O. S N BHAT AGE: 64 YEARS RETD. ASSOCIATE PROFESSOR OF KANNADA, BANGUR NAGAR, ARTS, COMMERCE & SCIENCE COLLEGE, DANDELI, R/AT: AT & POST: KADLE, HOLANGADDE, KUMTA, DIST: UTTAR KANNDA

32. SURYAKANT M BAGI S/O. MALLAPPA BAGI AGE: 61 YEARS RETD. ASSOCIATE PROFESSOR OF COMMERCE & PRINCIPAL R T E S, COLLEGE, RANEBENNUR R/AT: IST MAIN, A CROSS, UMASHANKAR NAGAR, RANEBENNUR DIST: HAVERI.

33. SHANKAR M BENACHAMARDI S/O. MALLESHAPPA BENACHAMARDI AGE: 60 YEARS RETD. ASSOCIATE PROFESSOR OF SOCIOLOGY KRCE SOCIETYS GGD, ARTS BMP COMMERCE & S V S SCIENCE COLLEGE, BAILHONGAL R/AT: MALLIKARJUN NIWAS, 4TH CROSS, BASAVA NAGAR, : 10 :

MURGOD ROAD, BAILHONGAL DIST: BELAGAVI

34. GOURISHANKAR S BAJARMATH S/O. SIDRAMAYYA BAJARMATH AGE: 61 YEARS RETD. ASSOCIATE PROFESSOR OF POLITICAL SCIENCE KRCE SOCIETYS GGD, ARTS BMP COMMERCE & S V S SCIENCE COLLEGE, BAILHONGAL R/AT: SNEHA SANKET, VIDYANAGAR, IST CROSS, BAILHONGAL, DIST: BELAGAVI

35. M MALLIKARJUN S/O M KANAKAPPA AGE: 61 YEARS RETD. ASSOCIATE PROFESSOR OF PHYSICS VEERASHAIVA COLLEGE, BALLARI, R/AT: NO. 79/11A, KANAKADRI INFANTRY ROAD, CONTONMENT, BALLARI.

36. Y S KUDAPALI S/O. S H KUDAPALI AGE: 62 YEARS RETD. ASSOCIATE PROFESSOR OF CHEMISTRY SMT A S M COLLEGE FOR WOMEN BALLARI, R/AT: NO. 79/15A, BANDHAVYA NEAR VASAVI SCHOOL, SIDDARTH NAGAR, INFANTRY ROAD, CONTONMENT, BALLARI.

37. S R GADAGIN S/O. RAMAPPA GADAGIN AGE: 62 YEARS RETD. ASSOCIATE PROFESSOR OF PHYSICS SMT A S M COLLEGE FOR WOMEN : 11 :

BALLARI, R/AT: NO. 72, VEERANAGOUDA COLONY, NEAR FIRE STATION, BALLARI.

38. ASHOK H S/O. HANUMANTRAO CHACHADI AGE: 64 YEARS RETD. PROFESSOR DEPARTMENT OF KIMS, KARNATAKA UNIVERSITY, DHARWAD R/AT: ISHAVASYA, HUDDAR COMPOUND, ROAD, MALAMADDI, DHARWAD

39. BASANAGOUDA S PATIL S/O. SHANTAPPAGOUDA PATIL AGE: 66 YEARS RETD. ASSOCIATE PROFESSOR OF HISTORY B V V SANGHAS BASAVESHWARA ARTS COLLEGE, BAGALKOT R/AT: NO. 163A/5, SHANTA NILAYA EXTENSION AREA, BAGALKOT

40. SHRISHAIL C BALLUR S/O. CHANABASAPPA S BALLUR AGE: 66 YEARS RETD. ASSOCIATE PROFESSOR OF MUSIC B V V SANGHAS BASAVESHWARA ARTS COLLEGE, BAGALKOT R/AT: NO. 13, VIDYAGIRI ROAD BAGALKOT

41. K S RAJU S/O. K S THIPPANNA AGE: 61 YEARS RETD. ASSOCIATE PROFESSOR OF PHYSICS B V V SANGHAS VIJAYANAGAR COLLEGE, : 12 :

HOSPET, DIST: BALLARI R/AT: NO. 125, SANJAYA GANDHI NAGAR, BALLARI.

42. G S RUDRAIAH S/O. R SHIVAIAH AGE: 63 YEARS RETD. ASSOCIATE PROFESSOR OF CHEMISTRY HOYSALESHWARA COLLEGE, ARASIKERE R/AT: C/O. DR. I A LOKAPUR NO. 4, SUSHRAVYA , MANJUNATH COLONY, SHIVAGIRI, DHARWAD-580 007.

43. BASAVARAJ B SHERIKAR S/O. BHEEMSHA SHERIKAR AGE: 66 YEARS RETD. ASSOCIATE PROFESSOR OF COMMERCE HOYSALESHWARA COLLEGE, ARASIKERE R/AT: NO. 56, IST MAIN, SHIVAGIRI, DHARWAD-7

44. KAMALA V M W/O LATE M R VENKATASHIVAREDDY AGE: 61 YEARS R/AT: IST MAIN, 5TH CROSS, UMASHANKARNAGAR, RANEBENNUR DIST: HAVERI. ... PETITIONERS

(BY SRI.K.B. MURALIDHAR, ADV. FOR SRI. K R BHAVANI SHANKAR & CO, ADVS.)

AND : 13 :

1. STATE OF KARNATAKA PRINCIPAL SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT (HIGHER EDUCATION) M S BUILDING, BENGALURU-1.

2. THE PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BENGALURU-1.

3. THE COMMISSIONER FOR COLLEGIATE EDUCATION IN KARNATKA, BENGALURU-1

4. UNION OF BY ITS SECRETARY TO GOVERNMENT MINISTRY OF HUMAN RESOURCE DEVELOPEMENT, DEPARTMENT OF HIGHER EDUCATION SHASTRI BHAVAN NEW DELHI-1

5. THE ACCOUNTANT GENERAL IN KARNATAKA (A & E ) , PARK HOUSE, BENGALURU-1

6. THE REGISTRAR, KARNATAKA UNIVERSITY DHARWAD-3

7. THE FINANCE OFFICER KARNATAKA UNIVERSITY DHARWAD-3. ... RESPONDENTS

(BY SRI.RAVI V. HOSAMANI, AGA FOR R1-3 & R5, SRI.M.B. KANAVI, ADV. FOR R.4, SRI.MALLIKARJUN S. HIREMATH, ADV. FOR R.6 & R.7) : 14 :

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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 PETITIONES-RETIRED TEACHERS, FOR THE PERIOD FROM 01.01.2006 TO 23.12.2009 IN ONE INSTALMENT, AS HAS BEEN PAID TO DR.B.S.MOODITHAYA AS EVIDENT FROM THE ORDER DATED 07.12.2010 AND 02.01.2012 OF THIS HON'BLE COURT PASSED IN W.P.NO.15175/2009 & CCC NO.1757/2011 (CIVIL) VIDE ANNEXURE - L & M, WITH INTEREST @ 12% PER ANNUM, AND ETC.

THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioners who claims to be Professors, Associate

Professors and Physical Education Directors of Universities,

Constituent Colleges, Government Aided Degree Colleges on

UGC pay scales are before this Court, seeking for a writ of mandamus directing the respondents to pay the arrears of salary and arrears of earned leave encashment to the petitioners/retired teachers for the period from 01.01.2006 to 23.12.2009 in one installment, as is evident from the Orders of this Hon’ble Court : 15 :

passed in WP.15175/09 (S-R) dated 7.12.2010 and in CCC (Civil)

No.1757/11 dated 2.1.12 (annexures-L & M), with 12% interest

@ 12% per annum.

2. It is the case of the petitioners that they have retired after 1.1.2006. The UGC pay scales were introduced in the State of Karnataka to the teachers, librarians and physical education personnel of the Universities and Colleges in the year 1990 w.e.f.

1.1.1986 and the said pay scales were to be revised once in 10 years. Accordingly, the UGC pay scales were revised w.e.f.1.1.1996 and the next revision of UGC pay scales was done with effect from 01.01.2006. The 4 th respondent Government of

India, Ministry of Human Resource Development, Department of

Higher Education, New Delhi addressed a letter dated 31.12.2008 to the Secretary, University Grants Commissioner, New Delhi, marking a copy to Chief Secretaries of all the State Governments, sanctioning the revision of pay scales of teachers and equivalent cadres of Universities and Colleges with effect from 1.1.2006 by providing 80% financial assistance to all the State Governments : 16 :

for the period from 1.1.2006 to 31.3.2010, and remaining 20% is to be borne by State Governments.

3. It is also contended that to implement the scheme of

Government of India dated 31.12.2008, the 1 st respondent passed an Order dated 24.12.2009 revising the UGC pay scales of teachers, librarians and physical education personnel of

Universities, Government and Aided Degree Colleges and

Government and Aided Law Colleges in the State under the control of the Department of Higher Education as recommended by UGC with effect from 1.1.2006. Thereafter, the 4 th respondent addressed a letter dated 11.5.2010 to Education Secretaries of all

State Governments in the country specifically stating that the release of Central assistant shall be considered by the Central

Government in accordance with the provisions of the Scheme only after the State Government have adopted and implemented the scheme as a composite scheme, including adoption of the age of superannuation for those engaged in ‘inclass’ teaching and have disbursed the salary based on revised pay scales and after scrutiny : 17 :

of the detailed proposal as may be received from the State

Government.

4. The 4 th respondent by its letter dated 14.08.2012 to

Education Secretaries of all State Governments in the country has stated that the issue of age of retirement is left to the State

Governments to decide at their level and the condition of enhancement of age of superannuation to 65 years as mentioned in the letter dated 31.12.2008 stated supra, may be treated as withdrawn for the purpose of seeking reimbursement of central share of arrears to be paid to State Universities and College teachers. It has also been stipulated therein that reimbursement of 80% of central share of the additionality of payment of arrears for the period from 1.1.2006 to 31.3.2010 would be by way of reimbursement only, after the State Government has made the payment. It is submitted that another retirement benefit i.e.

‘Earned Leave Encashment’ amount has been sanctioned to the petitioners in the pay scale existed prior to 1.1.2006, awaiting release of arrears of salary, causing mental agony and harassment : 18 :

at the fag end of their life. Therefore, Karnataka State University and Degree Colleges Retired Teachers’ Association, Mysore Zone, representing the petitioners had preferred separate representations to the respondents 1 and 3 on 31.1.2014 praying to re-fix the earned leave encashment in the revised UGC pay scale of 2006 and release the arrears. Inspite of the same, no action has been taken by the respondents. Therefore, the petitioners got issued a

Legal Notice dated 26.5.2014 to respondents 1 to 3 for release of arrears of salary in the UGC revised pay scales of 2006 with effect from 1.1.2006. In the meanwhile, in respect of some of the representations submitted by other similarly situated persons as that of the petitioners, the 3 rd respondent-Commissioner for

Collegiate Education addressed a letter dated 5.6.2014 to the 1 st respondent seeking directions in the matter of payment of arrears of salary. It is submitted that even on receipt of the legal notice the 3 rd respondent addressed a letter dated 3.7.14 to the 1 st respondent seeking directions in the matter pertaining to the payment of arrears of salary to the petitioners and recently the 1 st : 19 :

respondent has passed orders for release of arrears of salary to all the teachers for 3 to 4 months for the period from 23.12.2009 backwards, but all the petitioners have not been paid the said amount so far.

5. It is also contended that other similarly situated persons have approached this Court in W.P.15175/09 (S-R) and this Court by order dated 7.12.2010, directed the respondents to take steps in regard to payment of arrears within a period of three months and also observed that, if the respondents fails to implement the order within a period of three months from the date of receipt of a copy of this order, for the subsequent period, the amount to which the petitioner is entitled to will also carry interest at 6% p.a. Liberty was reserved to the petitioner therein to give representation in regard to the various amounts to which he is entitled in law and the respondents were directed to consider the said representations in accordance with law. It is also brought to the notice of this Court, since the respondents failed to implement the aforesaid order, the petitioner therein initiated : 20 :

contempt proceedings in CCC (Civil).No.1757/11 before this

Court, and thereafter the respondents have taken steps to quantify the amount as per UGC scale and the same was paid to the petitioner in the said petition. It is also brought to the notice of this Court, that similarly situated persons have also approached this Court in W.P.Nos.112957-113040/14 & connected matters, and this Court by order dated 5.2.2015 directed the respondents to pay arrears of salary and other emoluments as per revised pay scale to which the petitioners therein 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 the order and on failure to do so to pay interest at 8% p.a. on the said amount.

6. It is submitted that in spite of the petitioners herein have brought to the notice of the respondents that their claim is similar in nature to that of the petitioners in the aforesaid writ petitions, which were already disposed of by this Court, the respondents have not taken any steps to release the arrears of : 21 :

salary even to this day. Therefore, the petitioners are before this

Court.

7. I have heard Sri.K.B.Muralidhar, for Sri.K.R.

Bhavanishankar & Co., learned Counsel appearing for petitioners, who has contended that in spite of the case of the present petitioners is squarely covered by the judgments rendered by this

Court in W.P.112957-113040/14 dated 5.2.2015 and

W.P.Nos.57725-773/2014 dated 18.3.2015 wherein the respondents were directed to pay the arrears of salary and other emoluments as per revised pay scales to the petitioners therein which direction was complied by the respondents, but the respondents in the case of present petitioners have not released any amount to which they are legally entitled to in spite of repeated requests, representations and issuance of legal notice.

Therefore, he contended that the respondents may be directed to pay the arrears of salary and arrears of earned leave along with interest. : 22 :

8. Per contra, learned AGA without disputing the case of the petitioners and the earlier orders passed by this Court in the aforesaid writ petitions, has filed a Memo dated 10.7.2015 stating that in pursuance of the direction issued by this Court in the above mentioned writ petitions, the Government of

Karnataka has calculated the entire amount payable in terms of the above mentioned order totaling to Rs.733.74 crores and since the said amount is huge, the Government intends to release the same in installments and accordingly, it has decided to provide a sum of Rs.150.00 crores for the financial year 2015-16 and action is being taken for release of Rs.58.00 crores as 1 st installment and that further steps would be taken to obtain approval for utilization of the full extent of grant from the legislature and to release the remaining amount in stages during the months of July-2015 and

December-2015. He has also stated that the Government has issued a communication dated 15.5.15 to this effect to the

Director of Collegiate Education, Bangalore, and the said : 23 :

communication is produced along with the Memo and accordingly, request the court to dispose of the writ petitions.

9. The said Memo along with the government’s communication dated 15.5.15 are placed on record.

10. I have given my thoughtful consideration to the arguments advanced by the learned Counsel for both the parties.

11. It is not in dispute that in the case of similarly situated persons who had approached this Court for similar reliefs in W.P.Nos.112957-113040/14 & connected matters dated 5.2.15 and in W.P.Nos.57725-73/2014/14 dated 18.3.2015, this court has taken a consistent view and passed orders to the effect that the respondents 1 to 3 and 5 shall pay the arrears of salary and other emoluments as per revised pay scale to the petitioners within a period of three months and also directed the Central

Government for releasing 80% of the contribution payable by it on the request made by the State Government. Therefore, in view of the orders passed by this Court in the earlier writ petitions : 24 :

and also having regard to the Memo filed by the learned AGA along with the Communication dated 15.5.2015 addressed by the

1st respondent-Government to the 3 rd respondent-Collegiate

Education, the only point that arise for consideration is whether six months time as sought in the communication could be granted.

12. It is evident that the directions issued by this Court in the earlier writ petitions are squarely applicable to the present writ petitions also. Therefore, having regard to the facts and circumstances of the case and taking into consideration the fair submission made by the learned Government Advocate, it is appropriate to grant six months time as sought by respondent/State Government in its communication dated

15.5.2015 to pay the arrears of salary and arrears of earned leave encashment to the present petitioners.

Accordingly, I pass the following:

ORDER

The writ petitions are allowed. : 25 :

Respondents 1 to 3 and 5 are directed to pay all the arrears of salary and other emoluments as per the revised pay scale to the petitioners herein, for the period from 1.1.2006 to 23.12.2009, in stages during the months of July-2015 and December-2015 as undertaken by the Government in their letter dated 15.5.2015 and on failure to make such payment, the petitioners would be entitled to interest @ 8% p.a. till the date of payment.

It is needless to observe that on the request made by the

State Government after making payment due to the petitioners, 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 agreed by them in the Scheme of Revision as per their letter dated 14.8.2012 vide Annexure-E.

Accordingly, the writ petitions are disposed of.

SD/- JUDGE Sub/