IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.16455 OF 2018 & WRIT PETITION NOs.18569-18606 OF 2018(S-RES) BETWEEN 1. KARNATAKA STATE PRIVATE HIGH SCHOOL AND PRE UNIVERSITY COLLAGES LIBRARY ASSISTANTS ASSOCIATION (R) NO.5/30, 2ND MAIN, 3RD CROSS, BYATARAYANAPURA, MYSORE ROAD, BENGALURU-560 026, REP. BY ITS HONORARY SECRETARY, SRI.L.T.RANGASWAMY 2. E.SHIVALINGAIAH S/O ESWARAPPA, AGED ABOUT 70 YEARS, RETAIRED OFFICER, PRE-UNIVERSITY COLLEGE, MALLADHALLI, HOLLALKERE TALUKA, CHITRADURGA DISTRICT.
3. SMT.K.VISHALAKSHI D/O K.NARAYANA BHAT, AGED ABOUT 55 YEARS, WORKING AS LIBRARY ASSISTANT, ST.PHILOMENA HIGH SCHOOL, DARBHE PUTTUR, D.K.DISTRICT-574 202.
4. SMT.JAYALAKSHMI G.M. D/O SHAMA BHAT, AGED ABOUT 59 YEARS, WORKING AS LIBRARY ASSISTANT, VITTALA GIRLS HIGH SCHOOL, VITLA, MANGALORE, D.K.DISTRICT-574 243 5. SRI.DAMODARA ACHARYA S/O SANJEEVA ACHARYA, AGED ABOUT 59 YEARS, WORKING AS LIBRARY ASSISTANT, BABU RAJENDRA PRASAD HIGH SCHOOL, MUDABIDIRE, D.K.DISTRICT-574 227.
6. SRI.VEERABHADRAIAH.S.A. S/O LATE AIYYANNAPPA, AGED ABOUT 68 YEARS, WORKED AS LIBRARY ASSISTANT, SRI.PANDITARADHYA HIGH SCHOOL, HUNASAMARANAHALLI, YELAHANKA TALUK, BENGALURU NORTH-562 157 7. SRI.NEELALOCHANA SWAMY G.M. S/O G.K. MAHANTHAPPA, AGED ABOUT 63 YEARS, WORKED AS LIBRARY ASSISTANT, SRI GURUKRUPA HIGH SCHOOL, GIRIYAPUR-577 550, KADUR TALUK, CHIKKAMAGALUR DISTRICT.
8. SMT.S.MADHURA D/O SEETHARAMA RAO, AGED ABOUT 64 YEARS WORKED AS LIBRARY ASSISTANT, ARYA VIDYA SHALA HIGH SCHOOL, GANDHINAGAR, BENGALURU-560 009.
9. SMT.K.R.SARASWATHI D/O K.RAJA RAO, AGED ABOUT 64 YEARS, WORKED AS LIBRARY ASSISTANT BEL HIGH SCHOOL, JALAHALLI, BENGALURU.
10. SRI.P.VIJAYAN S/O SRI.PERUMAL, AGED ABOUT 62 YEARS, WORKED AS LIBRARY ASSISTANT, B.G.M.L. HIGH SCHOOL, OORAGAM, K.G.F. TALUK, KOLAR DISTRICT.
11. SRI.M.SIDDARAJU S/O SRI.LATE MUNICHOUDAPPA, AGED ABOUT 61 YEARS, WORKED AS LIBRARY ASSISTATNT AANANDA SAMAJIKA SHIKSHANA SAMSTHE HIGH SCHOOL, YESHVANTAPURA, BENGALURU-560 022.
12. SRI.T.SHRINIVASAN S/O SRI.M.TIMMARAYACHETTY, AGED ABOUT 68 YEARS, WORKED AS LIBRARY ASSISTANTS, ST.PYATRIK HIGH SCHOOL NO.15/K.BRIGED ROAD, BENGALURU-560 025.
13. SRI.MARLIN TOURO S/O SRI.PRANSIS, TOURO, AGED ABOUT 52 YEARS, WORKED AS LIBRARY ASSISTANTS, KARMEL KANVENT HIGH SCHOOL, MANDYA TOWN-571 401 14. SRI.C.K.VIRUPAKSHAPPA S/O SRI.B.KALAPPA, AGED ABOUT 60 YEARS WORKED AS LIBRARY ASSISTANTS, SRI.SIDDESHVARA HIGH SCHOOL, LAKSHMIPURA ARASIKERE, HASSAN DISTRICT-573 103 15. SRI.GANGADAR S/O SRI.KENCHE GOUDA, AGED ABOUT 60 YEARS, WORKED AS LIBRARY ASSISTANTS, SRI.BASAVARAJENDRA HIGH SCHOOL ARASIKERE, HASSAN DISTRICT-573 103 16. SRI.C.RAJU S/O SRI.JAVARE GOUDA, AGED ABOUT 53 YEARS, WORKED AS LIBRARY ASSISTANTS SRI VIDYA VARDAKA, SPP COLLAGE HIGH SCHOOL VIBHAGA, SHESHARI IYYAR ROAD, MYSORE DISTRICT-570 021.
17. SRI.G.M.JOLADA S/O MALLESHAPPA JOLADA, AGE MAJOR, WORKED AS LIBRARIAN, STATE (PUC) BVV SANGHAS, HIGH SCHOOL, RAMDURG, BELAGAVI DISTRICT-591 123 18. SRI.G.P.SUNAGAR, S/O PARASAPPA, AGED ABOUT 54 YEARS, WORKING AS LIBRARY ASSISTANT, NEW GIRLS HIGH SCHOOL, RAMDURG, BELAGAVI DISTRICT-591 123 19. SRI.RAJAPPA RAMANNANAVAR S/O MAHALINGAPPA RAMANNANAVAR, AGED ABOUT 48 YEARS, WORKING AS LIBRARY ASSISTANT, RAJA BHAIRAVA SIMHA GHORPADE (PUC) HIGH SCHOOL, LOKAPUR, MUDHOL TALUK, BAGALKOT DISTRICT-587 122.
20. SRI.DASTAGIR N.MULLA S/O NABISAB MULLA, AGED ABOUT 56 YEARS, WORKING AS LIBRARY ASSISTANT, ST.JOSEPH HIGH SCHOOL, SANTIDASTWAD, BELAGAVI DISTRICT-590 014.
21. SRI.BHARMA SHANKARE GOWDA S/O HANUMANTHE SHANKARE GOWDA, AGED ABOUT 61 YEARS, WORKING AS LIBRARY ASSISTANT, PANDIT NEHRU SCHOOL, SHAHAPUR-590 003 BELAGAVI DISTRICT.
22. SRI.R.K.RAVOOL D/O THALLAPPA, AGED ABOUUT 55 YEARS, WORKING AS LIBRARY ASSISTANT, SIDDESHWARA HIGH SCHOOL, KANBARGI, BELAGAVI TALUK, BELAGAVI DISTRICT-590 015.
23. SRI.I.N.MULLA S/O AMMAD MULLA, AGED ABOUT 56 YEARS, WORKING AS LIBRARY ASSISTANT, ISLAMIA (PUC) HIGH SCHOOL, BELAGAVI CAMP-590 001.
BELAGAVI DISTRICT.
24. SMT.JAYADEVI NEGINHAL D/O GURUPUTRA NEGINHAL, AGED ABOUT 52 YEARS, WORKING AS LIBRARY ASSISTANT, DEVINE PROVIDENCE CONVENT HIGH SCHOOL, TILAKVADI, BELAGAVI DISTRICT-590 006.
25. SRI.A.D.JANAGOWDA, S/O DEVAPPA B JANAGOWDA, AGED ABOUT 56 YEARS, WORKING AS LIBRARY ASSISTANT, KARMAVEER VIDYAMANDIR HIGH SCHOOL, PERANAWADI, BELAGAVI DISTRICT-590 014.
26. SRI.S.Y.PHAKEERANNANAVAR S/O YAMANAPPA PHAKEERANNANAVAR, AGED ABOUT 50 YEARS, WORKING AS LIBRARY ASSISTANT, RAMALINGESHWARA HIGH SCHOOL, KUNDARGI, BEELAGI TALUK, BAGALKOT DISTRICT-587 116 27. SRI.S.M.BEVINAKOPPA S/O MALLAPPA, AGED ABOUT 56 YEARS, WORKING AS LIBRARY ASSISTANT, SHIVAYOGISHWAR HIGH SCHOOL, INCHALA, SAVADATTI, BELAGAVI DISTRICT-591 102.
28. SRI.AYYUB A MOVIN S/O ABUSAHID, AGED ABOUT 53 YEARS, WORKED AS LIBRARY ASSISTANT, ANJUMAN BOYS HIGH SCHOOL (PUC) BIJAPUR, BIJAPUR DISTRICT.
29. SRI.N.R.ANKALI S/O REVANNAPPA, AGED ABOUT 34 YEARS, WORKING AS LIBRARY ASSISTANT, SHANKARAPPA SAKRI HIGH SCHOOL, BAGALKOT, BAGALKOT DISTRICT.
30. SRI.S.K.PATTANASETTY S/O KALLAPPA, AGED ABOUT 61 YEARS, WORKING AS LIBRARY ASSISTANT, S.L.B.S COMPOSITE PRE-UNIVERSITY COLLEGE, HIGH SCHOOL DIVISION, YADAGUDA, HUKKERI TALUK, BELAGAVI DISTRICT-591 309 31. SRI.S.K.DEVARSHI S/O KALLAPPA, AGED ABOUT 61 YEARS, WORKING AS LIBRARY ASSISTANT. D.L.KOTH GOVT. P.U.C.
HIGH SCHOOL DIVISION, HEBBALA, HUKKERI TALUK, BELAGAVI DISTRICT-591 221 32. SMT.VIMAL.P.NANDIHALLI S/O PARASHURAMA, AGED ABOUT 42 YEARS, WORKED AS LIBRARY ASSISTANT, SRI HINDU MAATA VIDYALAYA HIGH SCHOOL, SHAHAPURA, SHAHAPURA TALUK, BELAGAVI DISTRICT-591 221 33. SRI.M.CHOUGULE S/O MAHAADEVA CHOUGULE, AGED ABOUT 38 YEARS, WORKED AS LIBRARY ASSISTANT, SRI.SHIVAJI HIGH SCHOOL, KADOLI, BELAGAVI DISTRICT-591 221 34. SRI.S.K.KUTRE S/O SRI.KHOBANNA KUTRE, AGED ABOUT 32 YEARS, WORKED AS LIBRARY ASSISTANT, HINDALAGAA HIGH SCHOOL, HINDALAGAA BELAGAVI DISTRICT-591 221 35. SRI.C.NAGARAJU S/O SRI.LATE CHIKKAYYA, AGED ABOUT 59 YEARS, WORKED AS LIBRARY ASSISTANTS, SMT.K.S.NAGARATNAMMA HIGH SCHOOL, GUDLUPETE, CHAMARAJANAGAR DISTRICT-571111 36. SRI.NARAYANAPPA M S/O SRI.MUNIYAPPA, AGED ABOUT 66 YEARS, WORKED AS LIBRARY ASSISTANTS, M.S.RAMAIAH HIGH SCHOOL GOKUL, BENGALURU-560 024.
37. SRI.H.S.RAMACHANDRA S/O SRI.H.SUBBARAO, AGED ABOUT 68 YEARS, WORKED AS LIBRARY ASSISTANTS, VISHVA VIDYALAYA BOYS HIGH SCHOOL, HOSAMANE BADAVANE CHIKKAMAGALUR DISTRICT-577 101 38. SRI.N.S.GURU SIDDAYYA S/O SRI.SIDDAYYA, AGED ABOUT 68 YEARS, WORKED AS LIBRARY ASSISTANTS SRI.GURU SIDDESHVARA HIGH SCHOOL SANEHALLI, HOSADURGA CHITRADURGA DISTRICT-577 515 39. SRI.RUDRAPPA S/O SRI.PARVATAPPA, AGED ABOUT 65 YEARS, WORKED AS LIBRARY ASSISTANT, KALMARUDESHVAR HIGH SCHOOL, HULIKERE, PILLENAHALLI, CHIKKAMAGALUR DISTRICT-577 101 ... PETITIONERS (BY SRI A VENKAT SATYANARAYANA, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001.
2. THE DIRECTORATE OF PUBLIC LIBRARIES IN KARNATAKA, VISWESWARAYA TOWER, 4TH FLOOR, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001.
3. THE DEPUTY DIRECTOR PRE-UNIVERSITY EDUCATION BOARD, SAMPIGE ROAD, MALLESWARAM, BENGALURU-560 003.
4. THE COMMISSIONER OF PUBLIC INSTRUCTIONS IN KARNATAKA, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, BENGALURU-560 002.
(BY SMT. M S PRATHIMA, AGA FOR R1 TO R4) ... RESPONDENTS THESE WRIT PETITIONS ARE UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVT. ORDER DTD:25.9.2017 VIDE ANNEXURE-N ISSUED BY R-1 AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
Though, these matters are listed for “Hearing - Interlocutory Application”, with the consent of the learned counsels on both sides, the matters are heard and disposed of finally.
2. The petitioners are serving as Library Assistants at various private aided educational institutions. Some of the petitioners have retired from service. It is contended that the nature of work, duty and responsibility of the Library Assistants at private aided institutions are similar and identical to those working in the Department of Public Libraries. The grievance of the petitioners is that they are being paid meager salary inspite of their carrying out duties similar to Library Assistants in the Department of Public Libraries and there is disparity in fixation of salary as between the private aided educational institutions and public libraries.
3. Learned counsel for the petitioners draws the attention of this Court to the order dated 07.12.2016 in W.P.Nos.48490/2016 & 49628-665/2016, which was earlier filed by the petitioners herein. Learned counsel submits that in the said matters, where similar questions were raised, this Court considering the materials on record allowed the writ petition directing the respondents to redress the grievance of the petitioners within a period of two months from the date of the order. Learned counsel submits that inspite of the order passed by this Court in W.P.Nos.48490/2016 & 49628-665/2016, the respondents have rejected the claim of the petitioners and issued the impugned Government Order dated 25.09.2017. Being aggrieved, the petitioners are before this Court.
4. Learned counsel for the petitioners draws the attention of this Court to another decision of Co-ordinate bench of this Court in W.P.No.105767-780/2015 in the case of Mahadeva and others /vs./ State of Karnataka and others, which was decided at the Dharwad Bench, on 10.07.2015. Learned counsel submits that the petitioners in W.P.No.105286-295/2015 in the case of Sri Mahanthesh and others /vs./State of Karnataka, which was decided on 17.07.2015 were issued with similar endorsement/ Government Order rejecting their claim. This Court while considering the objections held that “it is relevant to state at this stage that, the Block Education Officer who is the competent authority to consider the representation cannot interpret the order passed by this Court according to his own whims and fancies and while exercising his power he should apply his mind and cannot discriminate the petitioners in pursuance of the relief granted as per Annexure-C and he should not issue the endorsement in this nature. It amounts to disobedience of the order passed by this Court. In view of the same, the respondent Nos.5 to 9 shall pass orders without prejudice to the case of the petitioners.”
5. Learned counsel has produced a copy of the Government Order dated 18.12.2017 consequent to the directions issued by this Court in W.P.No.105286-295/2015 in the case of Sri Mahanthesh (supra).
6. Having gone through the Government Order dated 18.12.2017, it is evident that the respondents have reconsidered the claim of the petitioners therein and thereafter complied with the directions issued by this Court that the Library Assistants are entitled for parity of pay as that of the Library Assistants of Department of Public Library. The order issued by this Court in W.P.No.105286-295/2015 has been complied with as per Government Order dated 18.12.2017.
7. In that view of the matter, similar benefit is also required to be given to the petitioners herein who are working or had worked as Library Assistants at various private aided educational institutions. As a consequence, the impugned order at Annexure-N dated 25.09.2017 is hereby quashed and set aside. The respondents are directed to consider the representation of the petitioners and pass similar orders as was passed in Government Order dated 18.12.2017, bearing in mind that some of the petitioners are still in service, while some of them have already retired. The respondents shall consider and pass orders as expeditiously as possible, at any rate within a period of three months from the date of receipt of certified copy of this order.
Writ petitions are accordingly disposed of.
KLY/ SD/- JUDGE