IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.51897 OF 2019 (S - RES) BETWEEN:
1. Dr.Sheshamurthy s/o late G Ramachandra Age 64 years, Occ: Retd. Principal, Vijaya PU College R/o No.197, Venkatesh Das Road, 9th Cross, 2nd Main Padmanabhanagar Bengaluru-560070.
2. Sri K N Vijaya Raghavan s/o late K Narasimhachar Age 66 yrs, Occ:Retd. Principal Vijaya PU College, R/o No.76/84 1st Cross, New Bank Colony Konankunte, Bengaluru – 560062.
.. Petitioners (By Sri Kulkari Naresh V, Advocate) AND:
1. The State of Karnataka Represented by the Secretary Dept of Education, M S Building Bengaluru-560001.
2. The Director (Commissioner) of Pre-University, Education Board Sampige Road, Malleshwaram Bengaluru – 12.
3. The Deputy Director of Pre University Education Board Vidhana Soudha, Bengaluru-2. .. Respondents (By Sri M V Ramesh Jois, AGA) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order passed by the Government at Annexure-E dated 6.7.2016 as far as granting the stagnated increment to Private Aided Teachers from VI to VIII with prospective effect and annexure-G dated 16.2.2017 and Annexure-G1 dated 16.2.2017 and etc.
This writ petition coming on for preliminary hearing this day, the Court passed the following:
ORDER The subject matter of this writ petition is substantially similar to the one in W.P.104187/2018 disposed of by this Court vide judgment dated 6.03.2019, a copy whereof is at Annexure-H, wherein para 10 reads as under:
“Justice Rama Jois in his “Services Under the State’, 2007 Edition, at page 667, writes:
“When under the service rules a civil servant is entitled to get the periodical increments as of course, he cannot be denied the increment unless it is withheld as a measure of penalty or it is subject to acquiring any prescribed qualification. In qualification as a condition for earning increments, increments due to a government servant cannot be withheld on the ground that he is not eligible.
In the above circumstances, this writ petition succeeds; a writ of mandamus issues to the official respondents to extend to the petitioner the benefit of increments under Government Order dated 14.06.2012 at Annexure-‘C’, on par with the employees of the State Institutions with effect from 14.06.2012.”
2. Learned AGA having accepted notice for respondents, although initially opposed the writ petition but is not in a position to show why on the principle of parity should not be granted to the petitioners.
3. In the above circumstances, this writ petition succeeds; a Writ of Certiorari quashing the impugned order dated 06.07.2016 so far as petitioners are concerned; a Writ of Mandamus issues directing the respondents to consider the petitioners claim for grant of increments under Government Order dated 14.07.2012, in terms of the observations of this Court in the aforesaid judgment.
4. Time for compliance is three months; if compliance is not reported within prescribed period, the petitioners shall be paid a sum of Rs.2,000/- per month till such consideration takes place and the said amount may be recovered from the erring officer concerned, in accordance with law.
Now, no costs.
Sd/- JUDGE HR