IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.56292-93 OF 2013 (S-RES) BETWEEN:
SHRI J.NATRAJ, S/O SHRI JOGAIAH, AGED ABOUT 45 YEARS, ASSISTANT TEACHER, SIR M.VISVESWARAIAH PRIMARY SCHOOL, SHIVALLI, MANDYA TALUK, MANDYA DISTRICT-571 401.
2 . SHRI H.VEERABHADRAIAH, S/O SHRI AMBALAIAH, AGED ABOUT 46 YEARS, ASSISTANT TEACHER, SIR M.VISVESWARAIAH PRIMARY SCHOOL, SHIVALLI, MANDYA TALUK, MANDYA DISTRICT-571 401.
(BY SRI. VIJAYA KUMAR, ADVOCATE) AND:
... PETITIONERS THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, PRIMARY SCHOOL EDUCATION DEPARTMENT, M.S. BUILDING, SACHIVALAYA, BANGALORE – 560 001.
2 . THE DIRECTOR OF PUBLIC INSTRUCTIONS, PRIMARY SECONDARY EDUCATION, NEW PUBLIC OFFICE, NRUPATHUNGA ROAD, BENGALURU - 560 001.
3 . THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, MANDYA DISTRICT, MANDYA – 571 401.
4 . HEAD MASTER, SIR M.VISVESWARAIAH PRIMARY SCHOOL, SHIVALLI, MANDYA TALUK, MANDYA DISTRICT – 571 401.
5 . SRI M.VISVESWARAIAH EDUCATION TRUST, SHIVALLI, MANDYA TALUK MANDYA DISTRICT – 571 401, REP. BY ITS SECRETARY.
... RESPONDENTS (BY SHRI C.N. MAHADESHWARAN, AGA FOR R1-3, R4 & R5 SD) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO ISSUE OF THE IMPUGNED ORDER DATED 11.6.2013 ISSUED BY THE R-1 VIDE ANNEXURE-P IN SO FAR AS IT DENIES THE BENEFIT OF GRANT-IN-AID FROM THE DATE THEY ACQUIRED THE TECHNICAL QUALIFICATION AND AFTER PERUSAL SET ASIDE THE SAME; AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners being the Assistant Teachers working in the fourth respondent – School w.e.f. 01.07.1986 have presented these writ petitions being aggrieved by the order dated 11.06.2013 issued by the first respondent at Annexure-P to the extent the same denies the benefit of Grant – In-Aid from the date they acquired the technical qualification.
2. After service of notice, the respondent Nos. 1 to 3 are represented by Sri C.N. Mahadeshwaran, learned AGA;
respondent Nos. 4 & 5 despite service of notice, have chosen to remain unrepresented.
3. Having heard the learned counsel for the parties and having perused the petition papers, relief needs to be granted to the petitioners is the opinion of this Court for the following reasons:
(a) in the earlier round of litigation, a Coordinate bench of this Court vide judgment dated 14.09.2009, at Annexure – G in W.P.No.7968/2006 had observed as under:
“ Accordingly the writ petition is allowed, subject to the student strength being available to accommodate the petitioners for entitlement to grant-in-aid. The petitioners shall be granted such benefit atleast from the date that they had acquired T.Ch qualification namely, from the Academic Year 1999-2000.---“ and, (b) the jurisdictional officer after verification of the factuals vide letter dated 24.04.2013 has stated that as per the statistics furnished by the concerned School, in which the petitioners were working there was total strength of 285 students wherein 5 teachers have been working in the ratio of 40:1; this letter is referred to in the impugned order itself at paragraph 11 thereof; that being the position, the contention of the learned AGA that the petitioners are not entitled to the benefit of Grant-In-Aid with retrospective effect is bit difficult to countenance.
In the above circumstances, these Writ Petitions are allowed; a Writ of Mandamus issues to the first respondent to admit the petitioners for the benefit of Grant-In-Aid w.e.f. the date they acquired TCH qualification; in all other aspects, the impugned order is sustained; time for compliance, is three months.
If the compliance is not done within the prescribed period of three months, the first respondent shall be liable to pay a cost of Rs.10,000/- to each of the petitioners, which shall be recovered from the incumbent of the Office of the second & third respondents in equal apportionment.
Sd/- JUDGE DS/Bsv