IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NO.12295 OF 2014 (S-RES) Between:
B.S.Kallappa, S/o B.S.Siddaramaiah, Aged about 64 years, R/at Basavapura Village, Shivani R.S.Post, Tharikere Taluk-577 228. Chikkamagalur District.
(By Sri.Virupakshaiah.P.H., Advocate) And:
1. The Block Education Officer Of Public Instructions, Tharikere Taluk, Chikkamalur District-577 228.
2. The Secretary, Sri Kala Sharada Vidya Samsthe(R) Shivani Railway Station Post, Tharikere Taluk, Chikkamagalur District-577 228.
3. The Director of Public Instructions, Nrupathunga Road, Bangalore-560 001.
…Petitioner 4. The Commissioner of Public Instructions, Nrupathunga Road, Bangalore-560 001.
…Respondents (By Sri.Sreedhar N Hegde, HCGP) This Writ Petition is filed under Articles 226 and 227 of Constitution of India, praying to quash the Annexure-T dt.18.12.2012 passed by R-3 authority in appeal No.11/11-12 holding the same is illegal and etc., This Writ Petition coming on for Preliminary hearing in ‘B’ Group this day, the Court made the following:-
ORDER Petitioner has sought for quashing of Annexure-T dated 18.12.2012 passed by respondent No.3 and Annexure-V dated 06.01.2014 passed by respondent No.4 by which petitioner’s appeal is rejected and in revision petition appellate authority’s decision is affirmed.
2. Grievance of the petitioner in the appeal is that grant-in-aid granted on 05.10.2007 is required to be proponed prior to the date of petitioner’s retirement i.e., 14.04.2005. Even though petitioner was appointed on 25.08.1985 as Assistant Teacher and further he was promoted to the post of Head Master. A proposal was sent for the grant-in-aid by the management-2nd respondent and it was considered by the Competent Authority on 05.10.2007. The date on which, the grant-in-aid was admitted in respect of management-respondent No.2, petitioner was already attained the age of superannuation and retired from the service. He has not questioned the validity of grant-in-aid order dated 05.10.2007 to seek retrospective of such grant-in-aid.
Learned counsel for the petitioner relied on the decision passed in W.P.NO.24910/2002 decided on 01.12.2006 that grant-in-aid and other consequential benefits is required to be determined with reference to date of approval of appointment of a staff of the un-aided institution.
3. State Government issued an Act called Karnataka Private Aided Educational Institutions Employees (regulation of Pay, Pension and other Benefits) Act, 2014 (hereinafter referred to as Act, 2014) Section 4 relates to specific bar in respect of counting the service, including seniority etc., The Act 2104 was subject matter before this Court, learned Single Judge set aside the Act, 2014 and matter is pending consideration before this Court in writ appeal.
4. In view of these facts and circumstances, the petitioner has not made out a case so as to interfere with the order of the Appellate as well as Revisional authority. Accordingly, writ petitions stands dismissed reserving liberty to the petitioner to pursue the same before competent authority, in the event of any relief is granted in writ appeal to such of those employees who have served before grant-in-aid.
With the above observations, writ petition stands dismissed.
Sd/- JUDGE MBM/SB