IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.57575 OF 2018(S-R) C/W WRIT PETITION NOs.1583-1608 OF 2019(S-RES) IN W. P. NO.57575/2018 BETWEEN MR. M.S.NIRANJAN S/O M R SHREEDHAR AGED ABOUT 60 YEARS RETIRED PROFESSOR IN CHARGE PRINCIPAL GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 R/A NO.72/73, VASUNDHARA RESIDENCY FLAT NO.201, 2ND FLOOR NAGAPPALAYOUT, UTTARAHALLI SUBRAMNAYAPURA POST BENGALURU-560061 (BY SRI RAMANANDA A D, ADVOCATE) AND ... PETITIONER 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT (HIGHER EDUCATION) M S BUILDING, BANGALORE-560001 2. THE PRINCIPAL SECRETARY TO GOVERNEMNT FINANCE DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE-560001 3. THE DRUGS CONTROL DEPARTMENT R/BY ITS DIRECTOR PALACE ROAD BANGALORE-560001 4. THE ACCOUNTANT GENERAL IN KARNATAKA (A & E) PARK HOUSE BANGALORE-560001 5. UNION OF INDIA BY ITS SECRETARY TO GOVERNMENT MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF HIGHER EDUCATION SHASTRIBHAVAN NEW DELHI-110001 ... RESPONDENTS (BY SMT M S PRATHIMA, AGA FOR R1 TO R4) THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY ARREARS OF SALARY AND OTHER EMOLUMENTS AS PER REVISED PAY SCALES TO THE PETITIONER TO WHICH THE PETITIONER WOULD BE ENTITLED TO FOR THE PERIOD 01-01-2006 TO 31-10-2011 ON PARITY GROUNDS IN RESPECT OF JUDGMENT PASSED IN WRIT PETITIONS, W.P.NO.112957- 113040/2014 AND W.P.NO.113041-113050/2014 BY THE HON'BLE HIGH COURT OF KARNATAKA DHARWAD BENCH VIDE ANNEXURE-A DATED 05.02.2015 ANNEXED TO THE W.P.
IN W.P. NOs.1583-1608/2019 BETWEEN 1. DR VIJAYA G JOSHI S/O GOPALACHAR AGED ABOUT 51 YEARS PROFESSOR GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-27 NO.1231/38, 4TH MAIN SUBRAHMANYA NAGAR BENGALURU-560010 2. DR S RAMACHANDRA SETTY S/O S NARAYANAPPA SETTY AGED ABOUT 55 YEARS, PROFESSOR GOVERNMENT OF COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #10, BRINDAVAN ‘B’ CROSS SIDDHARTHA LAYOUT KATHRIGUPPA MAIN ROAD KATHRIGUPPA BENGALURU-560085 3. DR K P CHANNABASAVARAJ S/O K PARAMESHWARAPPA AGED ABOUT 58 YEARS, PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #233, B BLOCK, MAHAVEER FORTUNE GOLLARAHATTI(NEAR NICE ROAD) MAGADI MAIN ROAD BENGALURU-560091 4. DR KALASKAR GURUNATH S/O PEERAPPA KALASKAR AGED ABOUT 49 YEARS, ASSOCIATE PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #14, 4TH A MAIN BYRAVESHWARANAGAR NAGARBHAVI MAIN ROAD BENGALURU-560072 5. DR CHANDRASHEKAR J S/O JAYADEVAPPA AGED ABOUT 55 YEARS, ASSOCIATE PROFESSOR GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-27 #160, 3RD MAIN, 4TH BLOCK ANJANAPURA BDA LAYOUT BENGALURU-560062 6. SMT MANJULA B P D/O BASAPPA PALUR AGED ABOUT 54 YEARS, ASSOCIATE PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #2212, 3RD C MAIN 24TH CROSS, 6TH BLOCK JAYANAGAR BENGALURU-560070 7. DR CHANDRASHEKHAR M SULTANPUR S/O MALLANNA AGED ABOUT 51 YEARS, ASSOCIATE PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #255, 9TH CROSS, BAPUJI LAYOUT CHANDRA LAYOUT BENGALURU-560040 8. DR B K SATHEESHA BABU S/O B H KOTAPPA AGED ABOUT 50 YEARS, ASSOCIATE PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #303, B-2, KRISHNA BLOCK NATIONAL GAMES VILLAGE KORAMANGALA BENGALURU-560047 9. DR ROOPASHREE T S D/O T K SRINIVASA SETTY AGED ABOUT 42 YEARS, ASSOCIATE PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #3053, 2ND CROSS, VHBCS LAYOUT BSK 3RD STAGE, GIRINAGAR 4TH PHASE, BENGALURU-560085 10. DR CHALUVARAJU K C S/O CHALUVEGODA AGED ABOUT 44 YEARS, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #705, B-4, KRISHNA BLOCK NATIONAL GAMES VILLAGE KORAMANGALA BENGALURU-560047 11. DR RAJESH M S S/O SUBBARAMAIAH M S AGED ABOUT 40 YEARS, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #180/1, CHALUKYA SAI RESIDENCY FLAT #305, TELECOM LAYOUT MAIN ROAD KODIGEHALLI, VIDYARANYAPURA BENGALURU-560097 12. DR ZARANAPPA S/O BASAWANAPPA AGED ABOUT 42 YEARS, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #602, B-2, KRISHNA BLOCK NATIONAL GAMES VILLAGE KORAMANGALA, BENGALURU-560047 13. DR NIRMALA P D/O PUTTASWAMY P S AGED ABOUT 41 YEARS, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 BELAKU, NO.6, SRIKANTESHWARANAGARA MAHALAKSHMI LAYOUT BENGALURU-560086 14. DR SANGEETHA S S D/O M SRINIVASA SETTY AGED ABOUT 36 YEARS, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #419, B-4, SHARAVATHI BLOCK NATIONAL GAMES VILLAGE KORAMANGALA BENGALURU-560047 15. DR ANITHA S D/O SRIKANTA N L AGED ABOUT 42 YEARS, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #312, 6TH MAIN, BSK I STAGE I BLOCK, SRINAGAR BENGALURU-560050 16. SMT ANITHA K N D/O NANJUNDAPPA N AGED ABOUT 38 YEARS, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #176, 1ST CROSS, CASHIER LAYOUT THAVAREKERE MAIN ROAD BENGALURU-560029 17. DR SHANTHARAM U S/O UMESH S NAYAK AGED ABOUT 43 YEARS, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #1/3, SUNSINE PARK, 10TH CROSS AGRAHARA DASARAHALLI MAGADI ROAD BENGALURU-560079 18. MR SOMASHEKARA P L S/O LINGANNA P AGED ABOUT 42 YEARS, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #DA 45, KHB QUARTERS KHB MAIN ROAD, KAVALBYRASANDRA R T NAGARA, BENGALURU-560032 19. MR HARISHA R S/O RAMAPPA B AGED ABOUT 40 YEARS, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #180/1, CHALUKYA SAI RESIDENCY FLAT #104, TELECOM LAYOUT MAIN ROAD KODIGEHALLI, VIDYARANYAPURA BENGALURU-560097 20. DR BASAVARAJ H S/O K BHEEMALINGAPPA AGED ABOUT 43 YEARS, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #612, A-4, SHARAVATHI BLOCK NATIONAL GAMES VILLAGE KORAMANGALA BENGALURU-560047 21. DR RAMGOPAL S/O MOGALAPPA DHANWAD AGED ABOUT 43 YEARS, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #63, HAMSAGIRI NILAYA 3RD CROSS, 7TH MAIN SUBBANNA GARDEN VIJAYANAGAR BENGALURU-560040 22. DR SUJANI KAMBLE D/O K SRINIVAS NAYAK AGED ABOUT 40 YEARS, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #141, 4TH FLOOR, 1ST BLOCK EMBASSY HERITAGE APARTMENT 8TH MAIN, MALLESHWARAM WEST BENGALURU-560055 23. DR GEETHA M D/O MUNIYAPPA AGED ABOUT 37 YEARS, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #1503, MANTRI ALPYNE, BANASHANKRI 5TH STAGE UTTARAHALLI-KENGERI MAIN ROAD BENGALURU-560061 24. SMT DEEPALI D/O M SURYANARAYAN AGED ABOUT 37 YEARS, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #703, A-3, SHARAVATHI BLOCK NATIONAL GAMES VILLAGE KORAMANGALA BENGALURU-560047 25. SMT SWAPNA B D/O BIRENDRA AGED ABOUT 37 YEARS, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #706, B-4, KRISHNA BLOCK NATIONAL GAMES VILLAGE KORAMANGALA BENGALURU-560047 26. SMT ANUPAMA R D/O DR S RAMAKRISHNA AGED ABOUT 42 YEARS, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF PHARMACY #2, P KALINGA RAO ROAD BENGALURU-560027 #621, B-3, SHARAVATHI BLOCK NATIONAL GAMES VILLAGE KORAMANGALA BENGALURU-560047 (BY SRI RAMANANDA A D, ADVOCATE) AND 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT (HIGHER EDUCATION) M S BUILDING BANGALORE-560001 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE-560001 3. THE DRUGS CONTROL DEPARTMENT R/BY ITS DIRECTOR PALACE ROAD BANGALORE-560001 4. THE ACCOUNTANT GENERAL IN KARNATAKA(A & E) PARK HOUSE BANGALORE-560001 5. UNION OF INDIA BY ITS SECRETARY TO GOVERNMENT MINISTRY OF HUMAN RESOURCE ... PETITIONERS DEVELOPMENT, DEPARTMENT OF HIGHER EDUCATION SHASTRIBHAVAN NEW DELHI-110001 (BY SMT M S PRATHIMA, AGA FOR R1 TO R4) ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE RESPONDENTS TO PAY ARREARS OF SALARY AND OTHER EMOLUMENTS AS PER REVISED PAY SCALES TO THE PETITIONERS TO WHICH THE PETITIONERS WOULD BE ENTITLED TO FOR THE PERIOD 01.01.2006 TO 31.10.2011 ON PARITY GROUNDS IN RESPECT OF JUDGMENT PASSED IN WRIT PETITIONS, W.P.NO.112957- 113040/2014 AND W.P.NO.113041-113050/2014 BY THE HON'BLE HIGH COURT OF KARNATAKA DHARWAD BENCH VIDE ANNEXURE-A DATED 05.02.2015 ANNEXURED TO THE WRIT PETITION.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
The petitioners have preferred these petitions seeking a direction to the respondents to consider the past service put in by them before admitting to grant-in-aid and for other monetary benefits. According to them the institutions in which they were serving were admitted to grant-in-aid and they received the salary grant also. But their past service has not been considered. The representations made by them also came to be rejected. Hence, it is prayed that a mandamus or direction be issued to the respondent to pay arrears of salary and other emoluments as per the revised pay scale to the petitioners, and further contend that they are entitled for the benefit from 01.01.2006 to 31.10.2011 on parity in terms of the judgment passed by this Court in W.P.No.112957- 113040/2014 and W.P.No.113041-113050/2014.
2. Learned counsel further submits that many other writ petitions were disposed of by this Court in the light of the directions issued in W.P.No.108708-715/2015 which was disposed of on 14.09.2015.
3. It was also observed that in those petitions, the learned Additional Government Advocate had submitted that the case of the petitioners could be considered in the light of the aforesaid judgment passed in W.P.No.108708-715/2015.
4. In the light of the above, these writ petitions are disposed of in terms of the order passed in W.P.No.108708- 715/2015, which was disposed of on 14.09.2015.
5. In order to enable the respondents to consider the case of the petitioners and pass appropriate orders, the petitioners shall produce a copy of this order along with their representation within a period of two weeks from the date of receipt of copy of this order. The respondents are directed to consider the said representation within a period of two months thereafter.
The writ petitions are accordingly disposed of.
KLY/ SD/- JUDGE