IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.38177/2017 (S-CAT) BETWEEN:
1. THE COMMISSIONER NAVODAYA VIDYALAYA SAMITI B 15, INSTITUTIONAL AREA, SECTOR 62 NOIDA:201 307 (U.P) 2. DEPUTY COMMISSIONER NAVODAYA VIDYALAYA SAMITI A-135, ‘A’ DRM ROAD ALKAPURI, HABIBGANGI BHOPAL-462 024, MADHYA PRADESH 3. PRINCIPAL JAWAHARLAL NAVODAYA VIDYALAYA (JNV) AT/PO ALIRAJPUR DISTRICT ALIRAJPUR-457 887 MADHYA PRADESH 4. PRINCIPAL JAWAHARLAL NAVODAYA VIDYALAYA (JNS) DEVARAHALLI-577 213 CHANNAGIRI TALUK DAVANAGERE DISTRICT (KARNATAKA STATE) ...PETITIONERS (BY SRI.V.NARASIMHA HOLLA, ADVOCATE) AND:
1. SRI.D.B.CHITTA S/O.SRI.BASAWANAPPA AGE: 45 YEARS TGT KANNADA JAWAHARLAL NAVODAYA VIDHYALAYA (JNV) AT/PO ALIRAJPUR DISTRICT ALIRAJPUR-457 887 (MP) 2. UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF HUMAN RESOURCES DEVELOPMENT, (DEPARTMENT OF SCHOOL EDUCATION AND LITERACY) NORTH BLOCK, NEW DELHI-110 001 …RESPONDENTS (BY SRI.P.A.KULKARNI, ADVOCATE FOR R1; SRI ASHOK N.PATIL, CGC FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.12.2016 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL AT BANGALORE IN O.A.NO.170/00041/2016 ON ITS FILE (ANNEX-A TO THE W.P.).
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING::
O R D E R Ag.CJ (Oral):
1. This writ petition is directed against the order dated 22.12.2016 passed by the Central Administrative Tribunal, Bangalore Bench allowing the application of respondent No.1 in Application No.170/00041/2016.
2. Respondent No.1 is a Trained Graduate Teacher (TGT) who joined service in the year 2001. In the aforesaid application filed before the Tribunal, respondent No.1 sought for parity of pay with the Trained Graduate Teachers who joined service on or after 01.01.2006. The Tribunal has granted the prayer.
3. We have heard the learned Counsel appearing for the parties and perused the record. We have also perused the order of the Hon’ble Supreme Court dated 01.09.2017 in Diary No.23663/2017 [Government of NCT of Delhi & another v. Somvir Rana (TGT Eng) & Ors.].
4. On the facts of the case, we find no error in the order of the Tribunal in granting parity in the fixation of pay. Hence, we dismiss this writ petition by granting three months’ time to implement the order of the Tribunal.
Petition dismissed.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE cp*