IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE R DEVDAS WRIT PETITION No.47307 OF 2016 (S-RES) BETWEEN NARAYANA RAO P.A S/O. PARASHURAMA RAO, AGED ABOUT 59 YEARS, ASSISTANT DIRECTOR PHYSICAL EDUCATION, SAHYADRI ARTS & COMMERCE COLLEGE, VIDYANAGAR, SHIVAMOGGA-577 203.
... PETITIONER (BY SRI MURALIDHAR K.B. AND SRI K.R. BHAVANI SHANKAR, ADVOCATES) AND 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT (HIGHER EDUCATION), M.S.BUILDING, BENGALURU-560 001.
2. THE KUVEMPU UNIVERSITY BY ITS REGISTRAR, ‘JNANA SAHYADRI’, SHANKARAGHATTA-577 451, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT.
3. PRINCIPAL SAHYADRI ARTS & COMMERCE COLLEGE, VIDYANAGAR, SHIVAMOGGA-577 203.
... RESPONDENTS (BY SRI KIRAN KUMAR, AGA FOR R1 SRI T.P. RAJENDRAKUMAR SUNGAY, ADV. FOR R2, NOTICE TO R3 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED GOVERNMENT ORDER DATED 28.09.2015 PASSED BY THE R-1 ANNEXURE-P, IMPUGNED OFFICIAL MEMORANDUM DATED 29.04.2016 ISSUED BY THE R-2 ANNEXURE-1 AND IMPUGNED CORRIGENDUM NOTIFICATION DTD:30/31.05.2016 ISSUED BY THE R-2 (ANNEXURE- R) IN SO FAR AS THE PETITIONER IS CONCERNED HOLDING THE SAME AS ILLEGAL, BAD IN LAW ARBITRARY ONE, DISCRIMINATION AND VIOLATIVE OF ARTICLE 14 & 16 OF THE CONSTITUTION OF INDIA.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;
O R D E R The petitioner was working as Assistant Director of Physical Education at Sahyadri Arts & Commerce College, Shivamogga, a constituent college of second respondent – Kuvempu University. The petitioner is assailing the legality and correctness of the impugned Government Order dated 28.09.2015, wherein the first respondent has erroneously held that the Physical Education Directors under UGC pay scales are not teachers and as a consequence, the respondents declined to revise the age of superannuation of Physical Education Directors from 60 to 62 years, which was provided under the Government Order dated 17.11.1997.
2. The learned counsel for the petitioner submits that the said question has been considered by a Co-ordinate Bench of this Court in W.P.No.2862/2014 which was disposed of on 26.03.2014 and it was held that the petitioner therein who was a Director of Physical Education in Bengaluru University is a teacher as defined under Section 2(12) of the Karnataka State University Act, 2000. Following the said judgment, another Co-ordinate Bench of this Court in W.P.Nos.441-443/2017 has also taken a similar view. The learned counsel appearing for second respondent – Kuvempu University had also appeared in those matters and submits that those decisions have become final.
3. In view of the above, this writ petition is allowed. The impugned Government Order dated 28.09.2015 at Annexure-P, the impugned official memorandum dated 29.04.2016 at Annexure-Q and Corrigendum dated 31.05.2016 at Annexure-R stand quashed so far as the petitioner herein is concerned.
4. It is submitted by the learned counsel that the petitioner has attained the age of superannuation i.e., 62 years and therefore, even the extended period has come to an end. What remains is a direction to be issued to the respondents to take into account the service rendered by the petitioner till attainment of age of superannuation i.e., 62 years and treat the same as regular service qualifying for all service law purposes.
5. In view of the above, the service benefits payable to the petitioner shall be accordingly considered and paid by the respondents.
6. In the light of the above, the petition is allowed. No order as to cost.
SD/- JUDGE nms