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.38176/2017 (S-CAT) BETWEEN:
1. THE COMMISSIONER NAVODAYA VIDYALAYA SAMITI B 15, INSTITUTIONAL AREA SECTOR-62, NOIDA:201307 (U.P) 2. DEPUTY COMMISSIONER NAVODAYA VIDYALAYA SAMITI HYDERABAD REGION NO.1-1-10/3, S.P. ROAD SECUNDERABAD:500003 (A.P) PRESENT ADDRESS NALAGANDLA ROAD GOPANPALLY, RANGA REDDY DIST HYDERABAD-500107 3. THE PRINCIPAL JAWAR NAVODAYA VIDYALAYA DEVARAHALLI-577213 CHANNAGIRI TALUK DAVANGERE DISTRICT KARNATAKA STATE ...PETITIONERS (BY SRI V.NARASIMHA HOLLA, ADVOCATE) AND:
1. SRI RAVI S.R AGE: 45 YEARS S/O.SRI.S.V.RAMAIAH OCCN:TGT KANNADA 2. SRI GAJANAN B WADEYAR S/O.SRI.BILYANI OCCN:TGT ENGLISH 3. SRI YOGESHA M S/O.MANJAPPA GOWDA OCCN:TGT SOCIAL SCIENCE 4. SRI RAVI S S/O.SRI.SAVANOOR S.D OCCN:MUSIC TEACHER RESPONDENT NOS.1 TO 4 WORKING IN JAWAHAR NAVODAYA VIDHYALAYA (JNS) DEVARAHALLI-577 213 CHANNAGIRI TALUK DAVANGERE DISTRICT 5. 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 TO R4; SRI ASHOK N.PATIL, CGC FOR R5) 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 CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE IN O.A.170/1700-1703/2015 ON ITS FILE AT ANNEX-A TO W.P.
THIS WRIT PETITION COMING ON FOR ORDERS, 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 Nos.1 to 4 herein in Application No.170/1700-1703/2015.
2. Respondent Nos.1 to 4 are Trained Graduate Teachers (TGT) who joined service on various dates in the year 2001. In the aforesaid application filed before the Tribunal, they 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. In view of dismissal of the writ petition, IA No.1/2017 filed for vacating of interim stay does not survive for consideration; it stands disposed of accordingly.
Petition dismissed.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE cp*