IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE G. NARENDAR WRIT PETITION Nos.48977-48982/2018 (S-RES) Between:
1. Prabhuswamy S., S/o Shivabasappa, Aged about 52 years, Occ: Head Master.
2. Shivakumar R., S/o Rangaiah M., Aged about 53 years, Occ: Asst. Teacher.
3. Gudadheerappa H., S/o Kadappa, Aged about 51 years, Occ: Hindi Teacher.
4. Siddeshwara S., S/o Siddabasavaiah, Aged about 52 years, Occ: Teacher.
5. Basappa, S/o Shivappa, Aged about 45 years, Occ: SDA.
6. Shivanna M., S/o Mallaiah, Aged about 46 years, Occ: Vocational Teacher.
All are Working at:
Sushma High School, Yaragamballi, Yalandooru Taluk, Chamarjanagar District – 571 313. (By Shri.Chandra Shekar G.M., Advocate) And:
1. The Principal Secretary, Department of Higher Education, Dr. Ambedkar Veedhi, Bangalore – 01.
2. The Commissioner, Public Instructions, Nrupathunga Road, Bangalore – 560 001.
... Petitioners 3. The Deputy Director of Public Instructions, Chamarajanagara District, Chamarajanagara – 571 313.
... Respondents (By Shri.T.S.Mahanthesh, AGA) ****** These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent authorities to consider the service benefits of petitioners in terms of the orders/directions dated 20.04.2011 passed in W.P.No.5575/2009 and other connected petitions and order dated 03.11.2009 in W.A.No.450/2007 produced at Annexure – J and K respectively and order dated 21.08.2013 passed in SLP No.22176/2010 produced at Annexure – L and etc., These Petitions coming on for Preliminary Hearing, this day, the Court made the following:
ORDER The petitioners have preferred the instant writ petitions for the following reliefs:
a) Direct the respondent authorities to consider their service benefits in terms of the orders/directions dated 20.4.2011 passed in W.P. No.5575/2009 and other connected petitions and order dated 3.11.2009 in W.A. No.450/2007, produced at Annexures-J and K respectively and order dated 21.8.2013 passed in SLP No.22176/2010 produced at Annexure-L.
b) Direct the respondent authorities to consider the financial benefits of the petitioners from the date of their entry into service i.e., from the date of appointment instead from the date of their grant-in-aid so as to calculate their seniority, basic pay fixation, annual increment, time bound increment, etc., as they are legally entitled for the said benefits on par with the government employees.
c) Issue any such other relief’s/orders as this Hon’ble Court deems fit in the circumstances of the case and for cost, in the interest of justice and equity.”
2. Learned Counsel for the petitioners would place on record a copy of the order passed by a co- ordinate Bench of this Court in W.P. No.44227/2018 dated 22.4.2019. Learned AGA, in this regard, would submit that a writ appeal is pending and the petitioners may be directed to approach the authorities, with a similar request, after disposal of the writ appeal in W.A. No.2467/2015.
3. It is seen that there was no prior declaration in favour of the petitioners entitling them to the reliefs sought for. In that view of the matter and also in view of the fact that the matter is seized by the Division Bench, this Court is of the opinion that the instant writ petitions could be disposed of reserving liberty to the petitioners to approach the authorities by filing a representation of similar nature, after disposal of the writ appeal. If such a representation is made, the same shall be considered by the authorities as expeditiously as possible and at any rate, within three months from the date of receipt of such representation and in accordance with the judgment to be rendered in W.A. No.2467/2015.
4. Reserving liberty to the petitioners to submit such a representation after disposal of the writ appeal, noted supra, the instant writ petitions stand disposed of.
Sd/- JUDGE Cs/-
CT:SN