IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION NOS.54451-54523/2018 (S-RES) BETWEEN 1. MR HAREESH K V S/O VAMANA GOWDA K C, AGED ABOUT 50 YEARS, OCC:FOREMAN, MACHANICAL DEPT.
2. MR NARAYANA PATALI K S/O MANA PATALI K, AGED ABOUT 50 YEARS, OCC:INSTRUCTOR, CIVIL DEPT., 3. MR SWARNALATHA M D D/O DAMODARA GOWDA M, AGED ABOUT 53 YEARS, OCC:INSTRUCTOR, E & C DEPT, 4. MR.VASANTHA GOWDA K S/O BALAKRISHNA GOWDA K, AGED ABOUT 48 YEARS, OCC: INSTRUCTOR, MACHANICAL DEPT, 5. MR. RAVI KUMAR B S S/O SHIVANNA B B, AGED ABOUT 46 YEARS, OCC: INSTRUCTOR, ELECTRONIC & COMMUNICATION ENGG.DEPT, 6. MRS. MALATHI K K D/O KEMPANNA KUMBALCHERI, AGED ABOUT 54 YEARS, OCC:ASST. INSTRUCTOR, E & C DEPT.
7. MR. CHANDRASHEKARA M K S/O KRISHNAPPA GOWDA M, AGED ABOUT 53 YEARS, OCC: ASST. INSTRUCTOR, MACHANICAL DEPT.
8. MR KUSHALAPPA P S/O RAMAPPA GOWDA, AGED ABOUT 52 YEARS, OCC:ASST. INSTRUCTOR, MACHANICAL DEPT.
9. MR. CHANDRASHEKAR C S/O SHESHAPPA GOWDA C, AGED ABOUT 48 YEARS, OCC:ASST.INSTRUCTOR, AUTOMOBILE DEPT.
10. MR. ACHUTHA S S/O KOGGANNA NAYAK S, AGED ABOUT 52 YEARS, OCC:ASST.INSTRUCTOR, ELECTRONICS & COMMUNICATION ENGG.
11. MR. PARAMESHWARA K S/O KRISHNAPPA GOWDA K, AGED ABOUT 54 YEARS, OCC:MACHANIC, CIVIL DEPT.
12. MR. THUKRA G M S/O MAILA MERA P, AGED ABOUT 54 YEARS, OCC:MACHANIC, CIVIL DEPT.
13. MR. DAYANANDA M A S/O RAMA MOOLYA A, AGED ABOUT 47 YEARS, OCC:MACHANIC, CIVIL DEPT.
14. MR. DAMODARA P S/O ODIYAPPA GOWDA, AGED ABOUT 45 YEARS, OCC:MACHANIC, CIVIL DEPT.
15. MR. SRINIVASA K S S/O SANKU K, AGED ABOUT 54 YEARS, OCC:MACHANIC, E & C DEPT.
16. MRS. BHARATHI AMMAL P D/O NAMA SIVAYA, AGED ABOUT 48 YEARS, OCC:MACHANIC, E & C DEPT.
17. MR. ANANDA K S/O KARIYAPPA GOWDA, AGED ABOUT 53 YEARS, OCC:MACHANIC, MACHANICAL DEPT.
18. MR. DINESHA P S/O DAMODARA GOWDA P, AGED ABOUT 40 YEARS, OCC:MACHANIC, MACHANICAL DEPT.
19. MR.GIRISHA B M S/O MAYANNA, AGED ABOUT 39 YEARS, OCC:MACHANIC, MACHANICAL DEPT.
20. MR. CHENNAKESHAVA K S/O VENKAPPA GOWDA K, AGED ABOUT 49 YEARS, OCC:AUTO DRIVER, MACHANIC/AUTO DEPT.
21. MR.PURUSHOTHAMA GOWDA K S/O SHESHAPPA GOWDA K, AGED ABOUT 58 YEARS, OCC:AUTO MACHANIC, AUTOMOBILE DEPT.
22. MR DIVAKARA K S/O RAMANNA GOWDA K, AGED ABOUT 50 YEARS, OCC:MACHANIC, ELECTRICAL & ELECTRONICS ENGG.
23. MR.RADHAKRISHNA GOWDA P S/O VADYAPPA GOWDA K, AGED ABOUT 49 YEARS, OCC:MACHANIC, ELECTRONICS & E.
24. MR PUNDARIKA K S/O BALANNA NAIK, AGED ABOUT 52 YEARS, OCC:MACHANIC, E & E.
25. MR. BALAKRISHNA K S/O DUGAPPA GOWDA K, AGED ABOUT 47 YEARS, OCC:HELPER, CIVIL DEPT.
26. MR.RAGHUNATH S/O THUKARAPPA NAIK, AGED ABOUT 50 YEARS, OCC:HELPER, CIVIL DEPT.
27. MR. HARISHCHANDRA GOWDA A S/O A NARAYANA GOWDA, AGED ABOUT 45 YEARS, OCC:HELPER, CIVIL DEPT.
28. MR. SUNIL KUMAR S S/O KARUNESHA B, AGED ABOUT 35 YEARS, OCC:HELPER, CIVIL DEPT.
29. MR.CHENNAPPA GOWDA K S/O KORAGAPPA K, AGED ABOUT 54 YEARS, OCC:HELPER, E & C DEPT.
30. MR MANOHARA K S/O NARAYANA K, AGED ABOUT 54 YEARS, OCC:HELPER E & C DEPT.
31. MRS. PADMAVATHI J M D/O MUTHAPPA NAIK D, AGED ABOUT 42 YEARS, OCC:HELPER, E & C DEPT.
32. MR.SHASHIDHARA A S/O RUKMAYYA GOWDA A, AGED ABOUT 42 YEARS, OCC:HELPER, MACHANICAL DEPT.
33. MR RAMESHA K H S/O HOOVAYYA GOWDA, AGED ABOUT 36 YEARS, OCC:HELPER, MACHANICAL DEPT.
34. MR. KAMALAKSHA N S/O KUSHALAPPA GOWDA N, AGED ABOUT 35 YEARS, OCC:HELPER, MACHANICAL DEPT.
35. MR.DHARMAPALA P S/O ANI BAIRA P, AGED ABOUT 42 YEARS, OCC:HELPER, MACHANICAL DEPT.
36. MR. GANESH U S/O RAMANNA GOWDA, AGED ABOUT 53 YEARS, OCC:HELPER, AUTOMOBILE DEPT.
37. MR VIJAYA KUMAR D S/O BOJAPPA GOWDA K AGED ABOUT 45 YEARS, OCC:HELPER AUTOMOBILE DEPT 38. MR PRAMOD B D S/O DHANANJAYA GOWDA AGED ABOUT 49 YEARS, OCC:ASST INSTRUCTOR 39. MR GANGADHARA K S/O APPAKUNHI K AGED ABOUT 53 YEARS, OCC:HELPER, E & E DEPT 40. MR ANANDA B S/O SANTHAPPA POOJARI B AGED ABOUT 45 YEARS, OCC:HELPER, E & E DEPT 41. MR HEMANTH P S/O P MADHAVA GOWDA AGED ABOUT 36 YEARS, OCC:HELPER, GENERAL (SC) 42. MRS KAVITHA P D D/O DEVAPPA AGED ABOUT 49 YEARS, OCC:LIBRARIAN 43. MR.RAMACHANDRA GOWDA P S/O ITHAPPA GOWDA P AGED ABOUT 60 YEARS, OCC SUPERINTENDENT/ADMIN 44. MR.DHANJAYA K S/O RUKMAYYA GOWDA K AGED ABOUT 53 YEARS OCC SUPERINTENDENT/ADMIN 45. MR.SHIVARAMA K S/O SHIVAPPA GOWDA K, AGED ABOUT 52 YEARS OCC:SUPERINTENDENT/ADMIN 46. MR.BALAKRISHNA M S/O PUTTANNA GOWDA M AGED ABOUT 50 YEARS OCC:FDA/ADMIN 47. MRS.SHESHAMMA K D/O SUBBAPPA GOWDA K AGED ABOUT 62 YEARS OCC:FDA/ADMN.
48. MRS.UMAVATHI M.K.
D/O KORAGAPPA GOWDA M AGED ABOUT 62 YEARS OCC:FDA/ADMN.
49. MRS SHEELA KUMARI A K D/O KUSHALAPPA A T AGED ABOUT YEARS OCC:FDA/ADMN 50. MRS POORNIMA N G D/O GOPALA GOWDA N K AGED ABOUT 49 YEARS OCC:FDA/ADMN 51. MR LOKAYYA G S/O THIMMAPPA GOWDA AGED ABOUT 46 YEARS OCC:SDA/ADMN 52. MRS JAYALAKSHMI K D/O SUNDARA GOWDA K AGED ABOUT 42 YEARS OCC:SDA/ADMN 53. MRS JAYAMANI I B D/O BOJAPPA GOWDA I AGED ABOUT 42 YEARS OCC:SDA/ADMN 54. MR MONAPPA GOWDA K S/O LINGAPPA GOWDA A K AGED ABOUT 55 YEARS OCC:SDA/ADMN 55. MR. GOPALAKRISHNA A S/O MONAPPA GOWDA A AGED ABOUT 49 YEARS OCC: SDA/ADMN.
56. MR. JAYARAMA P S/O SHIVAPPA GOWDA P AGED ABOUT 49 YEARS OCC: SDA/ADMN.
57. MR. BALASUBRAMANYA K.B S/O BABU NAIK K AGED ABOUT 43 YEARS OCC: SDA/ADMN.
58. MR. PRABHU M.S S/O SHIVALINGAIAH L AGED ABOUT 45 YEARS OCC: SDA/ADMN.
59. MRS. RATHNA KUMARI K.H D/O HONNAPPA GOWDA K AGED ABOUT 49 YEARS OCC: TYPIST/ADMN.
60. MRS. SHOBHA M.S D/O SHIVANNA K AGED ABOUT 37 YEARS OCC: TYPIST/ADMN.
61. MR DINESHA N S/O HUKRAPPA GOWDA, AGED ABOUT 34 YEARS OCC: ATTENDER/ADMN 62. MR NAGESH K S/O K SUBBAPPA GOWDA, AGED ABOUT 53 YEARS OCC: GROUP-D/ADMN 63. MR BOJA K S/O PAKRU, AGED ABOUT 62 YEARS OCC: GROUP-D/ADMN 64. MRS KAMALA W/O MUTHURAJ AGED ABOUT 43 YEARS OCC: GROUP-D/ADMN 65. MR DAMODARA GOWDA K S/O KRISHNAPPA GOWDA AGED ABOUT 43 YEARS OCC: GROUP-D/ADMN 66. MR VISHWANATHA K S/O VENKAPPA GOWDA AGED ABOUT 41 YEARS OCC: GROUP-D/ADMN 67. MR POOVAPPA GOWDA S S/O S SHEENAPPA GOWDA, AGED ABOUT 45 YEARS OCC:GROUP-D/ADMN.
68. MR YUVARAJA S/O HONNAPPA GOWDA S AGED ABOUT 41 YEARS OCC:GROUP-D/ADMN.
69. MR SURESHA K S/O B LINGAPPA NAIKA AGED ABOUT 39 YEARS OCC:GROUP-D/ADMN.
70. MR PRAVEENA KUMAR S/O KRISHNA NAIKA K AGED ABOUT 37 YEARS OCC:GROUP-D/ADMN.
71. MRS SUSHEELA W/O RAGHAVA, AGED ABOUT 51 YEARS OCC:GROUP-D/ADMN.
72. MR VENKATESHA K S/O VASUDEVA GOWDA K AGED ABOUT 42 YEARS OCC:GROUP-D/ADMN.
73. MR JAYANTHA A S/O PURUSHOTHAMA A AGED ABOUT 34 YEARS OCC:GROUP-D/ADMN.
ALL ARE WORKING AT K.V.G POLYTECHNIC, SULLIA,DAKSHINA KANNADA DISTRICT.
(BY SRI CHANDRASHEKAR G M, ADV.) ... PETITIONERS AND 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF TECHNICAL EDUCATION, MULTISTORIED BUILDING, VIDHANA VEEDHI, BANGALORE-560 001 2. THE DIRECTOR TECHNICAL EDUCATION, PALACE ROAD, BANGALORE-560 001 ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THEIR SERVICE BENEFITS IN TERMS FO THE ORDERS/DIRECTIONS DATED 20.04.2011 PASSED IN W.P.NO.5575/2009 & OTHER CONNECTED PETITIONS AND ORDER DATED 03.11.2009 IN W.A.NO.450/2009, PRODUCED AT ANNEXURE-C AND D AND ORDER DATED 21.08.2013 PASSED IN SLP NO.22176/2010, PRODUCED AT ANNEXURE-E ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners have preferred the instant writ petitions for the following reliefs:
a) Direct the respondent authorities to consider their service benefits in terms of the orders/directions dated 20.4.2011 passed in W.P. No.5575/2009 and other connected petitions and order dated 3.11.2009 in W.A. No.450/2007, produced at Annexures-C and D and order dated 21.8.2013 passed in SLP No.22176/2010 produced at Annexure-E.
b) Direct the respondent authorities to consider the financial benefits of the petitioners from the date of their entry into service i.e., from the date of appointment instead from the date of their grant-in-aid so as to calculate their seniority, basic pay fixation, annual increment, time bound increment, etc., as they are legally entitled for the said benefits on par with the government employees.
c) Issue any such other relief’s/orders as this Hon’ble Court deems fit in the circumstances of the case and for cost, in the interest of justice and equity.”
2. Learned Counsel for the petitioners would place on record a copy of the order passed by a co-ordinate Bench of this Court in W.P. No.44227/2018 dated 22.4.2019. Learned AGA, in this regard, would submit that a writ appeal is pending and the petitioners may be directed to approach the authorities, with a similar request, after disposal of the writ appeal in W.A. No.2467/2015.
3. It is seen that there was no prior declaration in favour of the petitioners entitling them to the reliefs sought for. In that view of the matter and also in view of the fact that the matter is seized by the Division Bench, this Court is of the opinion that the instant writ petitions could be disposed of reserving liberty to the petitioners to approach the authorities by filing a representation of similar nature, after disposal of the writ appeal. If such a representation is made, the same shall be considered by the authorities as expeditiously as possible and at any rate, within three months from the date of receipt of such representation and in accordance with the judgment to be rendered in W.A. No.2467/2015.
4. Reserving liberty to the petitioners to submit such a representation after disposal of the writ appeal, noted supra, the instant writ petitions stand disposed of.
Chs* CT-HR Sd/- JUDGE