IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION No.46328 OF 2018(S-R) Between:
Dr. Nissar Ahmed I. Mulla S/o. Ibrahim Sab Mulla, Aged about 55 years, Presently working as Professor, Department of Commerce, Maulana Azad National Urdu University, Hyderabad – 500 008 Formerly working as Selection Grade Lecturer in Commerce At Anjuman Arts, Science and Commerce College, Dharwad – 580 001 For the period of 17 years From 27.07.1988 till the Afternoon of 04.07.2005 Residing at No.8-1-263/66, Cozy Residency, Adithya Nagar, Hyderabad – 500 008 ... Petitioner (By Sri Rahamathulla K. Ahmed, Lex Pioneers, Advocate) And 1. The State of Karnataka by its Chief Secretary, Vidhana Soudha, Bengaluru – 560 001 2. The State of Karnataka Represented by its Principal Secretary, Department of Higher Education, 6th Floor, Multistoried Buildings, Bengaluru – 560 001 3. The Commissioner Department of Collegiate Education, 2nd Floor, Technical Education, Department Building, Palace Road, Bengaluru – 560 001 4. The Directorate of Collegiate Education 2nd floor, Technical Education Department Building, Palace Road, Bengaluru – 560 001 Represented by its Director 5. Anjuman Arts, Science and Commerce College, Dharwad – 580 001 Represented by its Secretary 6. Maulana Azad National Urdu University (A Central University established by an Act of Parliament in 1998), Gachibowli, Hyderabad – 500 032 Andhra Pradesh, Represented by its Registrar .. Respondents (By Smt. M.S.Prathima, AGA for R1 to R3) This writ petition is filed under Articles 226 and 227 of Constitution of India, praying to quash the order passed by the R-3 in the form of letter, dated 20.04.2018 vide Annexure-D and direct the R2 the Government of Karnataka to reckon/count the 17 years of past services that the petitioner has rendered in the R-5 Anjuman Arts, Science and Commerce College, Dharwad as a lecturer in commerce from 27.07.1988 till 04.07.2005 with the present existing post of petitioner including all pro-rate pensionary benefits and such other benefits associated therewith.
This writ petition coming on for Orders this day, the Court made the following:-
ORDER In the instant petition petitioner has sought for the following reliefs:
(a) to issue a Writ of Certiorari for quashing the Order passed by the Respondent No.03-The Commissioner of Department of Collegiate Education, Bengaluru in the form of letter, dated:20-04-2018 in No.KAASI E/501/THRI SOW YO/CR 1/2016-17 vide “Annexure-D”.
(b) to issue Writ of Mandamus directing the Respondent No.2/The Government of Karnataka to reckon/count the 17 years of past services that the petitioner has rendered in the Respondent No.05- Anjuman Arts, Science and Commerce College, Dharwad as a Lecturer in Commerce from 27-07-1988 till 04-07-2005 with the present existing post of petitioner including all pro-rata pensionary benefits and such other benefits associated therewith.
(c) to grant such other relief or reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case.
2. Question for consideration in the present petition is, “whether the petitioner is entitled to retiral benefits with reference to the date of the initial appointment till grant-in-aid to the post held by the petitioner or not ? ”
3. Despite giving sufficient time, petitioner could not produce any documents like Rules, Executive order or Circular so as to extend retiral benefits from the date of initial appointment up to the date of grant-in-aid.
4. Infact the State has enacted the Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other benefits) Act, 2014 (‘Act’ for short), in respect of aided Institutions under Section 3 which denies certain benefits. Extract of Section 3 is reproduced here under:
“3. Sanction of Grant-in-Aid at the minimum in the time scale, time bond advancement, career advancement and finalization of the pensionary benefits by non-reckoning service rendered in non-grant period as qualifying years and extinguishment of claims if any.-
(1) Notwithstanding anything contained in the Karnataka Education Act, 1983, any order of the Government or rules governing service conditions of employees of any Educational Institution or any other Law Governing Grant-in-aid to the above employees or any judgment, decree or order of any Court or Tribunal or Authority, Grant-in-aid that may be sanctioned to a post held by an employee of a Private Aided Educational Institution shall be fixed and calculated at the minimum of pay in the time scale allowed to the post from the date of admission to grant-in-aid and the service rendered prior to admission for grant-in-aid shall not be reckoned for purpose of pay, leave, seniority and pension and finalization of the pensionary benefits shall be by non- reckoning service rendered in non-grant period as qualifying years and the financial liability of the Government in respect of Automatic Advancement Scheme and Career Advancement Scheme extended, if any, to such employee shall be limited to the quantum of Grant-in-Aid sanctioned to the post.
(2) Notwithstanding anything contained in any order of the Government or any judgment of any Court or Tribunal, the claims of employees of Private Aided Educational Institution for release of Grant- in-Aid by counting the increments drawn prior to the date of admission of post to grant-in-aid and finalization of the pensionary benefits by reckoning service rendered in non-grant period as qualifying years shall stand extinguished and accordingly.-
(i) the orders issued by the Government directing to take into account the increments earned by an employee or for payment of additional amount on extension of Time bound Advancement Scheme or Automatic Promotion or Career Advancement Scheme of a Private Aided Educational Institution, prior to the date of admission of post to Grant-in-aid, while releasing grant-in-aid and for finalization of the pensionary benefits by reckoning service rendered in non-grant period as qualifying years shall stand cancelled:
Provided that any amount paid as per the order now cancelled and towards Time Bound Advancement, or Automatic promotion or Automatic Advancement, Career Advancement Schemes and Pensionary benefits shall not be recovered.
(ii) No suit or other proceedings shall be maintained or continued in any court against the Government by any employee of Private Aided Educational Institutions claiming for release of Grant-in-aid taking into account the increments earned in the post prior to the date of admission of Grant- in-aid or for payment of additional amount on the extension of the Time Bound Advancement Scheme or Automatic Promotion Scheme or the Automatic Advancement Scheme and Career Advancement Scheme and for finalization of the pensionary benefits by reckoning service rendered in non-grant period as qualifying years to such employee except the quantum of Grant-in-aid sanctioned to the post.
(iii) No Court shall enforce any decree or order directing release of Grant-in-aid taking into account the increments earned in the post, prior to the date of admission of grant-in-aid in favour of any employee of a Private Aided Educational Institutions and for payment of additional amount of the extension of the Time Bound Advancement or Automatic Promotion or Automatic Advancement Scheme or Career Advancement Scheme to such employee and finalization of the pensionary benefits by reckoning service rendered in non-grant period as qualifying years except the quantum of grant-in-aid sanctioned to the post.”
5. Act, 2014 was subject matter of writ petition.
Learned Single Judge’s order i.e., W.P.No.21216/2014 disposed off on 10.07.2015 is the subject matter of the writ appeal.
6. Thus, petitioner has not made out a case so as to count the service from 27.07.1988 to 04.07.2005 rendered by the petitioner in the fifth respondent- Institution.
7. In the absence of any statutory Rule, petitioner is not entitled to count the service from 22.07.1988 to 04.07.2005 for refixation of pensionary benefits.
Accordingly, petition stands dismissed.
Sd/- JUDGE KPS