IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MARCH, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO. 335 OF 2017 (S-R) AND WRIT APPEAL NOs.394-414 OF 2017 (S-R) BETWEEN 1. THE PRINCIPAL SECRETARY TO GOVERNMENT DEPT. OF EDUCATION (HIGHER EDUCATION), M.S. BUILDING, BANGALORE-560 001.
2. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF FINANCE, VIDHANA SOUDHA, BANGALORE-560 001.
3. THE JOINT DIRECTOR SHIMOGA DIVISION, EDUCATION DEPARTMENT, SHIMOGA.
... APPELLANTS (BY SRI V SREENIDHI, ADDL.GOVERNMENT ADVOCATE) AND 1. PROF J. L. PADMANABHA AGED 68 YEARS S/O LOKAIAH GOWDA J RETD. PRINCIPAL 1ST CROSS, 1ST MAIN RAJENDRANAGAR SHIMOGA-577 202 2. DR. C. S. NANJUNDAIAH S/O C. S. SUBBARAO AGED ABOUT 67 YEARS, ACHCHODA, 5TH CROSS BASAVANAGUDI SHIMOGA-577201 3. SRI. K. NAGAPPA URAL S/O MAHABALA URAL AGED ABOUT 67 YEARS VANASUMA, AZAD ROAD THIRTHAHALLI SHIMOGA DISTRICT-577432 4. SRI N S BAPAT S/O SRI S B BAPAT AGED ABOUT 65 YEARS KRAPAVANA, F-131, 4TH MAIN, 4TH CROSS, GOPALE GOWDA NAGAR SHIMOGA-57705 5. DR J K RAMESHA S/O KOLLANNA GOWDA AGED ABOUT 67 YEARS CHAKARA, 12TH CROSS, SOPPUGUDDE THIRTHAHALLI SHIMOGA-577432 6. PROF. D. SATHYANARAYANA S/O LATE S Y DURGAPPA AGED ABOUT 66 YEARS RETD. PRINCIPAL SHARAVATHI FIRST GRADE COLLEGE NO. 116, SWATHI, LBS NAGARA SHIMOGA-577204 7. SRI. B. S. NAGARAJ S/O SRINIVASA B N AGED ABOUT 66 YEARS RAGHAVENDRA EXTENSION THIRTHAHALLI-577432 8. SRI. H. R. NARAYANA MURTHY S/O H. RAMAPPA AGED ABOUT 66 YEARS "GRANTHANA", BALEBYLU THIRTHAHALLI-577 432 9. DR. S. THIMMAIAH NAIDU S/O S. RANGAPPA AGED ABOUT 66 YEARS "NALANDA", 5TH CROSS OPP: CHURCH, 60 FT. ROAD VINOBHANAGARA SHIVAMOGA-577 203.
10. SRI A CHANDRASHEKHARA S/O AYADA SATYANARAYANAPPA AGED 66 YEARS HAREGOPPA VILLAGE KELADI POST, SAGAR TALUK SHIMOGA-577401 11. SRI JAGADEESH S/O SRI D K SHANKARAPPA GOWDA AGED 65 YEARS VAGDEVI NILAYA, MILL KERI KUVEMPU ROAD THIRTHAHALLI SHIMOGA-577432 12. SRI V SHIVARUDRAPPA S/O VEERABHADRAPPA AGED ABOUT 65 YEARS SONDE KOLA CHITRADURGA TALUK AND DISTRICT 13. SRI ANANTHARAMA S/O SHANKARNARAYANA ADIGA AGED ABOUT 65 YEARS ACHARYA TULSI NATIONAL COLLEGE OF COMMERCE SHIMOGA-577 203.
14. SRI B M HOSUR S/O LATE M B HOSUR AGED 65 YEARS TULASI, DVS COLONY NAVILE SHIMOGA-577204 15. PROF H A ABDUL REHAMAN S/O RAHAMATHULLA ASSOCIATE PROFESSOR AHIYANA, OPP. RAMAKRISHNA HIGH SCHOOL GOPALA EXTENSION SHIMOGA-577 203.
16. SRI M H CHANDRAPPA S/O B HANUMANTHAPPA AGED ABOUT 63 YEARS 131, I MAIN, II STAGE, II BLOCK, VINOBHANAGAR SHIMOGA-577 203.
17. DR MAHESH ANAND GOUDAR S/O ANANDA DEVAYYA GOUDAR AGED 63 YEARS 17/3, VEERABHADRESHWARA NILAYA I CROSS, II B PARALLEL ROAD GANDHINAGAR SHIMOGA-577201 18. DR K SRIKANTA AGED ABOUT 69 YEARS NO. 12, TAKSHASHILA JAIL ROAD, III CROSS SHIMOGA-577201 19. DR T N SHANKARANARAYANA AGED ABOUT 69 YEARS S/O T S NANJUND PRATIBHA, I CROSS, ARB COLONY ASHOKANAGAR SHIMOGA-577201 20. DR V P VAIDYA S/O PANDURANG VAIDYA AGED ABOUT 67 YEARS ASHWINI, II CROSS VIDYANAGAR SHIMOGA-577203 21. SRI B J KUMBAR S/O D JAKKAPPA AGED 66 YEARS "PRAGATHI", MALAPUR ROAD DHARWAD-580808 22. SRI S R GANGADHARAPPA S/O H S RUDRAPPA AGED ABOUT 66 YEARS 1355,OPP. KARNATAKA BANK SAULANG ROAD SHIMOGA-577 202.
23. THE REGISTRAR KUVEMPU UNIVERSITY, Y SAYADI,SHANKARGHATT SHIMOGA-577 451 24. THE GOVT. OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HUMAN RESOURCES AND HIGHER EDUCATION NEW DELHI-110 001.
... RESPONDENTS THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 56573-594/2014 DATED 7/10/2015.
THESE APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT These appeals are filed belatedly challenging the order dated October 7, 2015 passed in a batch of writ petitions. The delay is of 440 days.
2. The Hon’ble Single Judge passed an interim order following a decision of this court in the case of Dr.Shankar N.Holihosur and Babajan Badesab Nandyal and Others versus State of Karnataka and Others (Writ Petition Nos.112957-113040 of 2014 and Writ Petition Nos.113041-113050 of 2014 decided on February 5, 2015). The said order has not been challenged and has become final.
3. The Hon’ble Single Judge observed that the relief for financial benefits under the revised pay scale of University Grants Commission has been no longer res integra. Therefore, the Hon’ble Single Judge granted liberty to the State to contest the petition insofar as the other reliefs were concerned, but by way of the interim order, directed payment of arrears of salary in terms of the decision in the case of Dr.Shankar H.Holihosur (supra).
4. We do not find any merit in the writ appeals.
They are, therefore, dismissed.
5. Consequently, the application seeking for condonation of delay is, also, dismissed.
6. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*