IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION Nos.17751-17763 OF 2018 (S-KAT) BETWEEN:
1. SRI.GEORGE SATAN FERNANDIS S/O. SRI. SATAN FERNANDIS, AGED ABOUT 66 YEARS, WORKING AS HINDI TEACHER IN GOVERNMENT HIGH SCHOOL, R/AT. YADOGA VILLAGE, HALIYAL TALUK, KARWAR DISTRICT.
2. SRI.NARAYAN SUBRAY HEGDE S/O. SUBRAY HEGDE, AGED ABOUT 56 YEARS, WORKING AS P.E. TEACHER IN GOVERNMENT HIGH SCHOOL, R/AT. CHIGALI, MUNDGOD TALUK, SIRSI EDUCATIONAL DIST.
UTTAR KANNADA - 581347.
3. SMT. PARVATHI L. HEGDE D/O. LAKSHMINARAYANA RAMAIAH HEGDE, AGED ABOUT 56 YEARS, WORKING AS ASST. TEACHER IN GOVERNMENT HIGH SCHOOL, R/AT. SHIRAGUNI VILLAGE, SIDDAPUR TALUK, SIRSI EDUCATIONAL DIST. UTTAR KANNADA – 581 347 4. SRI. PRAKASH NARAYAN JAMBAVALIKAR S/O. NARAYAN JAMBAVALIKAR, AGED ABOUT 58 YEARS, WORKING AS DRAWING TEACHER IN GOVERNMENT HIGH SCHOOL, R/AT. BELEKERI VILLAGE, ANKOLA TALKUK, UTTAR KANNADA DISTRICT.
5. SRI.PARAMESHWAR VIGNESHWAR HEGDE S/O. SRI. VIGNESHWAR HEGDE, AGED ABOUT 56 YEARS, WORKING AS P.E. TEACHER IN GOVERNMENT HIGH SCHOOL, R/AT. HALAGERI VILLAGE, SIDDAPUR TALUK, SIRSI EDUCATIONAL DIST. UTTAR KANNADA – 581 347.
6. SRI. LAXMINARAYAN .V. BHAT S/O. SRI. VENKATARAM BHAT, AGED ABOUT 58 YEARS, WORKING AS P.E. TEACHER IN GOVERNMENT HIGH SCHOOL, R/AT. CASHEROCK VILLAGE, JOIDA TALUK, SIRSI EDUCATIONAL DIST. UTTAR KANNADA – 581 347.
7. SRI.JAGADISHWAR GOWDA S/O. SRI. MUDDAPPA GOWDA, AGED ABOUT 61 YEARS, WORKING AS CRAFT TEACHER IN GOVERNMENT HIGH SCHOOL, UDRI VILLAGE, SORBA TALUK, SHIMOGA DISTRICT.
R/AT. HUNASAVALLI VILLAGE, SORBA TALUK, SHIMOGA DISTRICT – 577 413.
8. SRI.ASHOK ACHARI S/O. SRI. SHIVARAM ACHARI, AGED ABOUT 56 YEARS, WORKING AS ASST. TTEACHER IN GOVERNMENT HIGH SCHOOL, R/AT. HALDAKATTA VILLAGE, SIDDAPUR TALUK, SIRSI EDUCATIONAL DIST. UTTAR KANNADA – 581 347.
9. SRI. THIMMAPPA H. NAIK S/O. SRI. HALA NAIK, AGED ABOUT 58 YEARS, WORKING AS DRAWING TEACHER IN GOVERNMENT HIGH SCHOOL, R/AT. URDU PALA, MUNDGOD, SIRSI EDUCATIONAL DIST. UTTAR KANNADA – 581 347.
10. SRI.GURUNATH SITHARAM HEGDE S/O. SRI. SITHARAM HEGDE, AGED ABOUT 44 YEARS, WORKING AS ASST. TEACHER IN GOVERNMENT HIGH SCHOOL, R/AT. JAVALIGALLI, HALIYAL, SIRSI EDUCATIONAL DIST.
UTTAR KANNADA – 581 347.
11. SRI. KRISHNAMURTHY N. KALAGUJJI S/O. SRI. NARAYAN KALAGUJJI, AGED ABOUT 61 YEARS, WORKING AS ASST. TEACHER IN GOVERNMENT HIGH SCHOOL, R/AT. KERAWADI, KARWAR, UTTAR KANNADA DIST.
12. SRI. SHEKAPPA GOVINDAPPA BHAJANTRI S/O. SRI. GOVINDAPPA BHAJANTRI, AGED ABOUT 58 YEARS, WORKING AS ASST. TEACHER IN GOVERNMENT P.U. COLLEGE, R/AT. MURAKWADA, HALIYAL TALUK, SIRSI EDUCATIONAL DIST. UTTAR KANNADA – 581 347.
13. SRI. NARAYAN SHIVA BHAT S/O. LATE SHIV BHAT, AGED ABOUT 48 YEARS, WORKING AS P.E. TEACHER IN GOVERNMENT HIGH SCHOOL, R/AT. UMMCHAGI, YELLAPURA TALUK.
SIRSI EDUCATIONAL DIST.
UTTAR KANNADA – 581 347. ... PETITIONERS (BY SRI.M.V.VEDAMURTHY, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY - II, DEPARTMENT OF PRIMARY, & SECONDARY EDUCATION, GOVERNMENT OF KARNATAKA, M.S. BUILDING, BANGALORE – 560 001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS DEPARTMENT OF EDUCATION, NEW PUBLIC OFFICERS, NRUPATHUNGA ROAD, BANGALORE – 560 001.
3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, KOLAR DIST – 563 101.
4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, HAVERI DIST – 581 110.
5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, HASSAN DIST – 573 201.
6. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, SHIMOGA DISTRICT – 577 201.
7. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, RAMANAGARA DISTRICT – 571 511.
8. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, DAKSHINA KANNADA DISTRICT – 576 229.
9. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, UTTAR KANNADA DISTRICT – 581 355.
10. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, KARWAR DIST – 581 301. ... RESPONDENTS (BY SMT.M.S.PRATHIMA, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE KSAT IN APPLICATION NO.1223 TO 1408/2012 C/W 6574 TO 6601/2012 DTD 20.11.2017 VIDE ANNX-B DISMISSING THE APPLICATIONS BY ALLOWING THE W.P. AS IT NECESSARY AND QUASH CONDITION NO.5 OF THE ABSORPTION RULES DTD.28.03.2007 PASSED BY R-1 VIDE ANNX-A1 AS UNCONSTITUTIONAL, ULTRAVIRES AND AGAINST ARTICLE 14 OF THE CONSTITUTIONAL OF INDIA AND ETC.,.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, NARAYANA SWAMY J., MADE THE FOLLOWING:
O R D E R The learned Government Advocate is directed to take notice for official respondents.
2. The prayer made by the petitioners in these petitions are similar to the one raised in Writ Petitions No.6809-6827 of 2018. By order dated 13th June, 2019 the writ petitions were disposed of directing the respondents to consider the case of the petitioners to compute the past service for the purpose of seniority, leave and pension and pass appropriate orders within a period of six months. Accordingly, these petitions also stand disposed of in terms of the order passed in the above referred Writ Petitions.
The learned Government Advocate is permitted to file memo of appearance within a period of two weeks from today.
Sd/- JUDGE Sd/- JUDGE lnn