IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NOS.7911-7939/2019 (S-RES) BETWEEN:
1. MOHAMMED ALI S/O.HYDER CHOTU ASSISTANT TEACHER AGED ABOUT 54 YEARS WORKING AT G.H.P.S. CHINYA, HONAKERE HOBLI NAGAMANGALA TALUK MANDYA DISTRICT-571 434 2. A.S.SHASHIDHARA S/O.LATE SRINIVASARAYA P.E.TEACHER AGED ABOUT 52 YEARS WORKING AT G.H.P.S. CHIKKANANDI, H.D.KOTE TALUK MYSRURU – 571 125 3. SIDDARAMEGOWDA S/O.LATE EREGOWDA P.E.TEACHER AGED ABOUT 54 YEARS WORKING AT:G.H.P.S. ADHIJAMBAVA, GANDHINAGAR NORTH DIVISION MYSURU MYSURU DISTRICT-570 019 4. K.V.PANDURANGA RAO GORPADE S/O.LATE VENKATA RAO P.E.TEACHER AGED ABOUT 54 YEARS WORKING AT GOVERNMENT URDU HIGHER PRIMARY SCHOOL SATHYANAGARA NORTH DIVISION MYSURU MYSURU DISTRICT-570 019 5. NAGARAJU S/O.SIDDARAU ASSISTANT TEACHER AGED ABOUT 52 YEARS WORKING AT GHPS BEEDANAHALLI, BANNUR HOBLI T.N.PURA TALUK MYSURU DISTRICT-571 101 6. H.N.MAHADEVAPPA S/O.LATE NAGANNA ASSISTANT TEACHER AGED ABOUT 52 YEARS WORKING AT GHPS BILIGEREHUNDI T.N.PURA TALUK MYSURU DISTRICT-571 101 7. K.M.RAVI S/O.MARISWAMYGOWDA ASSISTANT TEACHER AGED ABOUT 52 YEARS WORKING AT GHPS, ADDIHALLI NAAGAMNGALA TALUK MANDYA DISTRICT-571 802 8. NARAYANASHETTY A. S/O.ANNAYAPPA P.E.TEACHER AGED ABOUT 50 YEARS WORKING AT GHPS, RAMPURA NANJANAGUDU TALUK MYSURU DISTRICT-571 314 9. MADALINGAIAH ASSISTANT TEACHER AGED ABOUT 51 YEARS WORKING AT GUBMS RAMANAGARA TOWN RAMANAGARA DISTRICT-562 159 10. SHRIMATHI W/O.LATE JAYARAMU ASSISTANT TEACHER AGED ABOUT 51 YEARS WORKING AT G.L.P.S.
TURUPALAYA, RAMANAGARA TOWN RAMANAGARA DISTRICT-562 159 11. M.R.RAMACHANDRAIAH S/O.RAMEGOWDA ASSISTANT TEACHER AGED ABOUT 58 YEARS WORKING AT: G.L.P.S.
WALETHOPU, CHANNAPATNA TALUK RAMANAGARA DISTRICT-562 160 12. T.KENCHEGOWDA S/O.LATE TIMMEGOWDA ASSISTANT TEACHER AGED ABOUT 53 YEARS WORKING AT: G.H.P.S. MUDAGERE, MALUR HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT-562 160 13. SHIVAMADAIAH S/O.LATE PUTTAMADEGOWDA ASSISTANT TEACHER AGED ABOUT 59 YEARS WORKING AT:G.L.P.S. AVVERAHALLI, MALUR HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT-562 160 14. SMT.SHANTHALA S.R. W/O.THIMMEGOWDA ASSISTANT TEACHER AGED ABOUT 53 YEARS WORKING AS G.H.P.S. KENCHABOVIDODDI CHANNAPATNA TALUK RAMANAGARA DISTRICT-562 160 15. KODANDARAMAIAH S/O.VENKATARAMASETTY P.E.TEACHER AGED ABOUT 51 YEARS WORKING AT: G.H.P.S.
SOGALA, CHAANNAPATNA TALUK RAMANAGARA DISTRICT-562 160 16. G.A.MAHALINGU S/O.LATE G.ALUREGOWDA ASSISTANT TEACHER AGED ABOUT 54 YEARS G.H.P.S., RAJEEVPURA B.M.ROAD, RAMANAGARA TALUK RAMANAGARA DISTRICT-562 159 17. JAYARAMU S/O.NINGEGOWDA ASSISTANT TEACHER AGED ABOUT 51 YEARS G.H.P.S., SUNKATHONNUR PANDAVAPURA TALUK MANDYA DISTRICT-571 434 18. B.N.KUMARASWAMY S/O.NAGAPPA P.E.TEACHER AGED ABOUT 59 YEARS G.H.P.S., LAKSHMIPURA BEERURU DIVISION KADUR TALUK CHIKKAMAGALURU - 577 548 19. KRISHNAIAH C.K. S/O.CHIKKAIDAIAHA RETIRED HEAD MASTER AGED ABOUT 53 YEARS KUNTHURUDODDI M.N.HALLI POST CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 160 20. RAJU S/O.NINGEGOWDA ASSISTANT TEACHER AGED ABOUT 49 YEARS CRP, MATTHIKERE-SHETTIHALLI CLUSTER CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 160 21. K.B.UMESH S/O.BOREGOWDA ASSISTANT TEACHER AGED ABOUT 53 YEARS CRP, M.N.HALLI CLUSTER CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 160 22. H.K.RAJA IYAANGAR S/O.LATE H.S.KRISHNA IYYANGAR ASSISTANT TEACHER AGED ABOUT 55 YEARS G.L.P.S., P.HALLI DODDI VIRUPAKSHIPURA HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 138 23. NAGARATHNAMMA W/O.H.K.RAJA IYYANGAR ASSISTANT TEACHER AGED ABOUT 56 YEARS M.P.S. HONGANURU CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 160 24. KRISHNA S/O.LATE SIDDEGOWDA RETIRED TEACHER AGED ABOUT 61 YEARS 6TH CROSS, KUVEMPUNAGARA CHANNAPATNA TOWN RAMANAGARA DISTRICT - 562 160 25. RAMAKRISHNA S/O.JAVAREGOWDA ASSISTANT TEACHER AGED ABOUT 56 YEARS G.L.P.S., SEEBANAHALLI CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 160 26. NAGARAJU S/O.NINGEGOWDA ASSISTANT TEACHER AGED ABOUT 57 YEARS G.L.P.S., SUNNAGHATTA HONGANUR POST CHANNAPATNA TALUK RAMANAGARA DISTRICT – 562 160 27. KARIYAPPA S/O.MUDDARAMAIAH ASSISTANT TEACHER AGED ABOUT 54 YEARS K.S.G.M.P.S.
MATHIKERE-SHETTIHALLI MALUR HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 160 28. M.K. RAMESH S/O.LATE KOOTAKALLEGOWDA ASSISTANT TEACHER AGED ABOUT 56 YEARS G.L.P.S. KORANAGERE CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 160 29. VENKATESHA S/O.LATE VENKATEGOWDA ASSISTANT TEACHER AGED ABOUT 55 YEARS G.H.P.S. HOTTIGANAHOSAHALLI CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 160 ... PETITIONERS (BY SRI VIJAY KUMAR T., ADVOCATE) AND 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF EDUCATION M.S.BUILDING BENGALURU - 560 001 2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICE NRUPATHUNGA ROAD BENGALURU - 560 001 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICE NRUPATHUNGA ROAD BENGALURU - 560 001 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS RAMANAGARA DISTRICT – 562 159 5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS MANDYA DISTRICT - 571 422 6. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS MYSURU DISTRICT - 571 314 7. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS CHIKKAMAGALURU DISTRICT - 577 548 ... RESPONDENTS (BY SRI M.S.PRATHIMA, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS HEREIN TO CONSIDER THE PETITIONERS’ REPRESENTATION DATED 29.11.2010 (ANNEXURES-A1 TO A7) TO COUNT THE PAST YEARS OF SERVICE PUT IN BY THESE PETITIONERS ON HONORARY BASIS FROM THE DATE OF THEIR INITIAL APPOINTMENT UPTO THE DATE ON WHICH THEY WERE SCREENED FOR REGULAR RECRUITMENT BASED ON PERCENTAGE OF MARKS OBTAINED IN THE QUALIFYING EXAMINATION FOR THE PURPOSE OF SENIORITY, FIXATION OF PAY-SCALE, INCREMENTS AND OTHER CONSEQUENTIAL BENEFITS FLOWING THEREON AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R R.DEVDAS J., (ORAL):
Learned Additional Government Advocate takes notice for the respondents.
2. The petitioners contend that they were working as Primary School Teachers on honorary basis in the Government Schools. The grievance of the petitioners is that the respondents are not reckoning or counting initial services rendered by the petitioners as non teachers till their appointment as regular teachers and the said action is arbitrary and amounts to discrimination. It is also contended by the petitioners that their services were regularized and they were appointed as regular teachers.
3. Learned Counsel for the petitioners submits that under similar circumstances, this Court in WP.Nos.35157- 35190/2014 which was disposed of on 31.07.2014 and WP.Nos.27224-27246/2016 which was disposed of on 07.06.2018 had directed consideration of the representations given by the petitioners.
4. Learned Additional Government Advocate for the respondents submits that the petitioners claim to have given the representations on 29.11.2010 and since several years have been passed, the representations may not be available with the respondents. In that view of the matter, the petitioners may be directed to give fresh representations to the respondents.
5. Liberty is reserved to the petitioners to file fresh representations, which includes the copies of the earlier representations and all supporting documents. Such representations be submitted to respondent No.3–the Director of Public Instructions. Respondent No.3 shall thereupon secure all details from any other authority, if the same is required and take a decision in the matter. If the decision taken by respondent No.3 is in favour of the petitioners and if such decision requires approval of any other authority, respondent No.3 shall place such recommendation before the Competent Authority. In that view of the matter, the decision at the first instance by respondent No.3 shall be taken within the period of three months from the date on which the representations and the copy of this order is submitted. If the consideration is in favour of the petitioners as stated above and if it is placed before the Competent Authority, the Competent Authority shall thereupon take a decision in the matter one way or the other in accordance with law within an outer limit of two months from the date on which such recommendation is placed before the Competent Authority.
In terms of the above, these petitions stand disposed of.
Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.
Sd/- JUDGE LB