IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 PRESENT THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA AND THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NOs.47392-47393/2018(S-CAT) BETWEEN 1. BASAWARAJ MUSAVALGI S/O LATE SHIVASHARANAPPA AGED ABOUT 61 YEARS RETIRED READER IN GRAPHICS NO.762, VIJAYANAGARA 4TH STAGE, 1ST PHASE MYSURU-570030 2. DR LAXMANSING R RATHOD S/O RAMJI RATHOD AGED ABOUT 52 YEARS LECTURER IN APPLIED ART CHAMARAJENDRA GOVERNMENT COLLEGE OF VISUAL ARTS(CAVA) SIDDARTHA NAGAR MYSORE-570011 ...PETITIONERS (BY SRI V.LAKSHMINARAYAN, SR. COUNSEL FOR SMT. ANUSHA L, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF KANNADA AND CULTURE GOVERNMENT OF KARNATAKA VIKASA SOUDHA BANGALORE-560001 2. THE DEAN CHAMARAJENDRA GOVERNMENT COLLEGE OF VISUAL ARTS(CAVA) SAYYAJIRAO ROAD MYSORE-570001 3. UNIVERSITY GRANTS COMMISSION SOUTH WESTERN REGION P K BLOCK PALACE ROAD GANDHINAGAR BANGALORE-560001 REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SMT.SHILPA S GOGI, HCGP FOR R1) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO STAY THAT PORTION OF THE GOVERNMENT ORDER DATED 19.07.2017 VIDE ANNEXURE-A-73, GOVERNMENT ORDER DATED 07.09.2018 VIDE ANNEXURE-A-74 AND THE ORDER OF THE DEAN’S ORDER DATED 25.09.2018 VIDE ANNEXURE-A-75 REDUCING THE PAY SCALES FROM U.G.C. PAY-SCALES TO THE STATE PAY-SCALES DURING THE PENDENCY OF THE APPLICATION FILED BEFORE THE KARNATAKA ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.1871-1873/2017 AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, SATYANARAYANA J., MADE THE FOLLOWING:
ORDER The petitioners are before this Court for the second time in this writ proceedings. Earlier they had approached this Court by filing writ petition in W.P.No.29543/2012 and connected matters along with several other similarly placed persons seeking direction to respondent to extend the benefit of UGC pay scales as per the Government Order dated 30.03.2000 vide Annexure-H in accordance with the letter of HRD dated 11.05.2010 vide Annexure-TT and the Government Order dated 24.12.2009 vide Annexure-SS to the writ petitions. The said writ petitions were disposed of by order dated 09.02.2017 with liberty to approach the Karnataka Administrative Tribunal (‘Tribunal’ for short), Bengaluru, for redressal of their grievance by filing applications. While doing so, interim stay which was considered in the writ petitions was also extended for a period of one month to enable them to approach the Tribunal.
2. It is in this background, the petitioners along with one Dr.Priti Kapur have approached the Tribunal in Application Nos.1871-1873/2017 wherein they have also secured interim order on 10.10.2018. When the said original applications were pending consideration before the Tribunal, petitioners herein have come up in these writ petitions challenging the letter of the Government dated 19.07.2018 (Annexure-A73), Government Order dated 07.09.2018 (Annexure-A74) and Dean’s Order dated 25.09.2018 (Annexure-A75) which are with reference to reducing their pay scales from UGC to State during the pendency of the applications filed by them before the Tribunal in Application Nos.1871-73/2017 and also for other reliefs.
3. In these writ petitions, they have also sought for an interim order. In other words, seeking to give effect to UGC pay scales to the petitioners pursuant to the G.O. dated 08.03.2000 with further direction to the Dean of the Institution to fix the UGC pay scales pursuant to the order dated 30.03.2000 as well as G.O. dated 31.12.2008.
4. If these writ petitions are allowed at this juncture, it would amount to literally granting all the reliefs to the petitioners, which they have sought in their applications pending before the Tribunal for adjudication even before their applications in Application Nos.1871-73/2017 is decided on merits. Therefore, this Court would observe that during the pendency of the applications before the Tribunal, the aforesaid prayers sought in these writ petitions cannot be considered. Hence, these writ petitions are disposed of reserving liberty to the petitioners to approach this Court after disposal of the applications in Application Nos.1871-1873/2017 pending on the file of the Tribunal if they fail to get the relief sought in the said applications.
With such observations, these writ petitions are disposed of.
Sd/- JUDGE Sd/- JUDGE TL