IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NOs.11763-11766 OF 2019(S-RES) BETWEEN 1. SMT. PREETHI HARISH RAJ W/O HARISH K RAJ AGED ABOUT 38 YEARS WORKING AS:ASSISTANT PROFESSOR VAIKUNTA BALIGA COLLEGE OF LAW R/A RAJASHREE MAIN ROAD, MALPE UDUPI-576108 2. SMT JAYAMOL P S W/O T P SREEKANDAN AGED ABOUT 42 YEARS WORKING AS:ASSISTANT PROFESSOR VAIKUNTA BALIGA COLLEGE OF LAW R/A KALANANDA SRINIVAS NAGAR, INDRALI UDUPI-2-576108 3. SRI RAJESHA NAIK S/O SUBRAYA NAIK AGED ABOUT 36 YEARS WORKING AS:PEON VAIKUNTA BALIGA COLLEGE OF LAW R/A 2-14(1), LAXMI NIVAS SARALABETTU MANIPAL-576104 4. SRI NITYANANDA PRABHU S/O CHANDRASHEKAR PRABHU AGED ABOUT 35 YEARS WORKING AS: PEON VAIKUNTA BALIGA COLLEGE OF LAW R/A 3-38, 80 BADAGABETTU PARKALA POST, PARKALA ... PETITIONERS (BY SRI SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF EDUCATION VIDHANA SOUDHA BANGALORE-560001 2. DEPARTMENT OF LAW REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA BANGALORE-560001 3. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION PALACE ROAD BANGALORE-560001 4. DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION PALACE ROAD BANGALORE-560001 ... RESPONDENTS (BY SMT M S PRATHIMA, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE IMPUGNED ORDERS DTD:28.11.2012 VIDE ANNEXURE-D ISSUED BY R-2 ORDER DTD:26.8.2015 VIDE ANNEXURE-E ORDER DTD:16.7.2016 VIDE ANNEXURE-E1 ISSUED BY R-2 IN SO FAR AS IT DISREGARDS THE PREVIOUS SERVICE PERIOD OF THE PETITIONERS IS ARBITRARY, ILLEGAL AND UNCONSTITUTIONAL.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
The petitioners are teaching and non-teaching staff working at Vaikunta Baliga College of Law, Udupi. The petitioners contended that they have entered into services prior to coming into existence of non-pension scheme. It is brought to the notice of this Court that though on the recommendations of Prof. Mali Muddanna Committee report, 24 private Law colleges were sanctioned grant-in-aid, later, the State Government withdrew the order of grant-in-aid. Subsequently, to encourage legal education in the State, the State Government on 28.11.2002 reconsidered the report submitted by the Prof. Mali Muddanna Committee and sanctioned grant-in-aid to 19 private Law colleges. It is submitted that pursuant to the same, K.L.E. Society’s Law college was sanctioned grant-in-aid, however, the same was subject to the condition that the services of the employees prior to sanctioning of the grant-in-aid shall not be considered for service benefits.
2. The aggrieved teaching and non-teaching staff of Law colleges approached this Court in various writ petitions. A batch of writ petitions bearing No.31455/2018 and connected matters was disposed of on 19.09.2018, while referring to writ petition Nos.108708-715/2015, wherein it was held that past service has to be considered for the benefit of salary and pensionary benefits and accordingly such benefit has to be extended to the petitioners therein.
3. In order to enable the respondents to consider the case of the petitioners and pass appropriate orders, the petitioners are permitted to file fresh representations with the respondents within a period of two weeks from the date of receipt of certified copy of this order. The respondents are directed to consider the representations in the light of the observation of this Court in writ petition Nos. Nos.108708-715/2015, in the case of Dr. M.G.Sajjanar and others Vs. The Government of Karnataka and others, disposed of on 14.09.2015 and writ petition Nos. 34155/2018 and connected matters, which was disposed of on 19.09.2018, within a period of two months from the date of receipt of representations of the petitioners.
Accordingly, the writ petitions are disposed of.
5. Learned Additional Government Advocate is permitted to file memo of appearance within a period of two weeks from today.
KLY/ SD/- JUDGE