IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION No.32248 OF 2014 (S-RES) and W.P. Nos. 35601/2014 and 5652-5728/2017 (S-RES) BETWEEN:
1. SRI. GOPALA G T S/O.THIPPESWAMY G, AGED ABOUT 50 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF EXTENSION, VETERINARY COLLEGE, VINOBH NAGAR, SHIMOGA-577204.
2. SRI VEERANNA GOWDA B G S/O.B.G.CHANNABASAPPA, AGED ABOUT 44 YEARS, VEERABADHRADESHWARA NILAYA, SAHYADRI EXTENSION, 1ST CROSS, LOWER HUTHA, BH ROAD, BADHRAVATI-577301.
3. SRI. PRAVEEN A.R S/O RAMACHANDRAPPA.A.R AGED ABOUT 33 YEARS M.TECH (DIARY TECHNOLOGY) ASSISTANT PROFESSOR, DEPARTMENT OF DAIRY TECHNOLOGY, DAIRY SCIENCE COLLEGE, HEBBAL, BANGALORE-560 024.
4. SRI. HARINI GOPAL D/O GANGADHARA N AGED ABOUT 40 YEARS M.TECH (DIARY TECHNOLOGY) ASSISTANT PROFESSOR, DEPARTMENT OF DAIRY TECHNOLOGY, DAIRY SCIENCE COLLEGE, HEBBAL, BANGALORE-560 024.
5. SMT.PUSHPA B.P W/O PUTTAKAMAIAH, AGED ABOUT 48 YEARS M.TECH (DIARY TECHNOLOGY) ASSISTANT PROFESSOR, DEPARTMENT OF DAIRY CHEMISTRY, DAIRY SCIENCE COLLEGE, HEBBAL, BANGALORE-560 024.
6. SMT. MALASHREE L W/O LINGAIAH AGED ABOUT 31 YEARS M.TECH (DIARY TECHNOLOGY) ASSISTANT PROFESSOR, DEPARTMENT OF DAIRY MICROBIOLOGY, DAIRY SCIENCE COLLEGE, HEBBAL, BANGALORE-560 024.
7. SRI. RAJANNA M S/O DRIVER MARAPPA AGED ABOUT 42 YEARS M.TECH (DIARY TECHNOLOGY) ASSISTANT PROFESSOR, DEPARTMENT OF DAIRY CHEMISTRY, DAIRY SCIENCE COLLEGE, HEBBAL, BANGALORE-560 024.
8. SRI. MANJAPPA N S/O NINGAPPA AGED ABOUT 41 YEARS M.F.SC., ASSISTANT PROFESSOR, FISHERIES RESEARCH AND INFORMATION CENTER, HESARAGHATTA, BANGALORE-560 089.
9. SRI. RAJANNA K.B. S/O BORAIAH AGED ABOUT 42 YEARS M.TECH (DIARY TECHNOLOGY) M.F.SC., ASSISTANT PROFESSOR FISHERIES RESEARCH AND INFORMATION CENTER, MAYURA STREET, PAPANNA LAYOUT, HEBBAL OUTER RING ROAD, BANGALORE-560 094.
10. SRI. RAJU NAIK B S/O BHEEMA NAIK AGED ABOUT 34 YEARS M.TECH (DIARY TECHNOLOGY) ASSISTANT PROFESSOR, DEPARTMENT OF DAIRY ENGINEERING, DAIRY SCIENCE COLLEGE, HEBBAL, BANGALORE-560 024.
11. SRI. DEVARAJU R S/O RAJANNA AGED ABOUT 32 YEARS M.TECH (DIARY TECHNOLOGY) ASSISTANT PROFESSOR, DEPARTMENT OF DAIRY ENGINEERING, DAIRY SCIENCE COLLEGE, MAHAGAON CROSS, EALABURGI-585 316 12. SMT.SHILPASHREE B.G W/O LATE GOVINDARAJU B AGED ABOUT 35 YEARS, M.TECH (DIARY TECHNOLOGY) ASSISTANT PROFESSOR, DEPARTMENT OF DAIRY CHEMISTRY, DAIRY SCIENCE COLLEGE, HEBBAL, BANGALORE-560 024 13. SRI. SUDARSHAN S S/O SIGGIRIYAPPA K AGED ABOUT 33 YEARS M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF LIVESTOCK PRODUCT TECHNOLOGY, VETERINARY COLLEGE, HEBBAL, BANGALORE-560 024.
14. SRI. SHIVAKUMAR R S/O REKHYA NAIK AGED ABOUT 38 YEARS, M.V.SC., ASSISTANT PROFESSOR ANIMAL HUSBANDRY POLYTECHNIC, LRIC (A) KONEHALLI, TIPTUR TALUK-572 201.
15. SRI. SATHEESHA S.P S/O PARAMESHWARAPPA AGED ABOUT 38 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF PUBLIC HEALTH AND EPIDEMIOLOGY VETERINARY COLLEGE, HASSAN-573 201.
16. SRI. MOHAN H.V S/O VENKATAPPA H.S, AGED ABOUT 36 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF PUBLIC HEALTH AND EPIDEMIOLOGY, VETERINARY COLLEGE, HEBBAL, BANGALORE-560 024 17. SRI. GIRISH M.H S/O MALLIKARJUN AGED ABOUT 38 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF ANATOMY, VETERINARY COLLEGE, HEBBAL, BANGALORE-560 024.
18. SRI. SHANKARAPPA BHAJANTRI S/O LATE BALAPPA AGED ABOUT 4 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF ILFC, VETERINARY COLLEGE, HEBBAL, BANGALORE-560 024.
19. SRI. CHETEN K.P S/O PUTTASWAMY H.U AGED ABOUT 35 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF ILFC, VETERINARY COLLEGE, HASSAN-5703201 20. SRI. YATISH H.M S/O MAHESHWARAPPA H.D, AGED ABOUT 34 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF AGB, VETERINARY COLLEGE, HEBBAL, BANGALORE-560 024.
21. SRI. SHASHIDHAR BALLARI S/O BALLARI V.S AGED ABOUT 40 YEARS, M.V.SC., ASSISTANT PROFESSOR, ANIMAL HUSBANDRY POLYTECHNIC, KUNNURU, SHIGGAON-581193 22. SRI. RASHMI.R W/O RAJASHEKARAIAH R.C AGED ABOUT 34 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY PHARMACOLOGY AND TOXICOLOGY, VETERINARY COLLEGE, HEBBAL, BANGALORE-560 024 23. SRI. INDRESH H.C S/O CHOLURAPPA AGED ABOUT 37 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF POULTRY SCIENCE, VETERINARY COLLEGE, HEBBAL, BANGALORE-560 024 24. SRI.NAGARAJ NAIK S/O CHUDANAIK AGED ABOUT 35 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF MEDICINE, VETERINARY COLLEGE, SHIVAMOGGA-577204 25. SRI. SATHEESHA G.M S/O MAHALINGAPPA G.K, AGED ABOUT 37 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF ILFC, VETERINARY COLLEGE, SHIVAMOGGA-577204 26. SRI.KUMAR NAIK A.S S/O SURYA NAIK AGED ABOUT 40 YEARS, M.F.SC., ASSISTANT PROFESSOR, DEPARTMENT OF FISHERIES, RESOURCES AND MANAGEMENT, COLLEGE OF FISHERIES, MANGALORE-575002 27. SRI. GANESH PRASAD L S/O LINGARAJU K AGED ABOUT 41 YEARS, M.F.SC., ASSISTANT PROFESSOR, KRISHI VIGYAN KENDRA (KVK) MANGALORE-575002 28. SRI. HARISH SHENOY S/O LATE RAMANATH SHENOY AGED ABOUT 49 YEARS, M.SC., (AG) ASSISTANT PROFESSOR, DEPARTMENT OF AGRONOMY, KRISHI VIGYAN KENDRA (KVK) MANGALORE-575002 29. SRI. LOKESH L.V S/O VENKATAPPA AGED ABOUT 35 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY, PHARMACOLOGY AND TOXICOLOGY, VETERINARY COLLEGE, SHIVAMOGGA-577204 30. SRI. RAJASHAILESHA N.M S/O LATE MAHADEVAPPA T.N, AGED ABOUT 40 YEARS, M.V.SC., ANATOMY, VETERINARY COLLEGE, HASSAN-573201.
31. SMT.SHILPA V.T W/O THAMME GOWDA K.S AGED ABOUT 37 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY PATHOLOGY, VETERINARY COLLEGE, HASSAN -573201 32. SRI. CHANDRASHEKAR K.M S/O MUNISWAMY.P AGED ABOUT 35 YEARS, M.V.SC., ASSISTANT PROFESSOR, SRI LAKSHMI VENKARESHWARA NILAYA, 3RD CROSS RENUKA LAYOUT, NEAR SAMBRAM COLLEGE, VADERAHALLI VILLAGE, VIDYARANYAPURA POST, BANGALORE-560097.
33. SRI. GIRISH B.C S/O CHANDRASHEKARAIAH B.V AGED ABOUT 40 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY PATHOLOGY, VETERINARY COLLEGE, HASSAN 573 201 34. SRI. ROOPA DEVI Y.S W/O SHAMANNA R AGED ABOUT 34 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY PHTHOLOGY, VETERINARY COLLEGE, HASSAN-573201 35. SRI.NAGARAJU.N S/O NARAYANAPPA N.S AGED ABOUT 48 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY SURGERY AND RADIOLOGY, VETERINARY COLLEGE, HASSAN-573201 36. SRI. SHIVAKUMAR.V S/O VEERABHADRAIAH V AGED ABOUT 37 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF TVCC, VETERINARY COLLEGE, HASSAN-573201 37. SRI. MANJUNATH D.R S/O RAMAIAH D.C, AGED ABOUT 33 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF TVCC, VETERINARY COLLEGE, HASSAN-573201 38. SRI.GURAPRASAD.R S/O RACHAIAH AGED ABOUT 38 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF LPM, VETERINARY COLLEGE, HASSAN-573201 39. SRI. SHANKARE GOWDA A.J S/O JAGATHI GOWDA AGED ABOUT 44 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VGO, VETERINARY COLLEGE, HASSAN-573201 40. SMT.KAVITHA K D/O KRISHNAPPA T.R AGED ABOUT 32 YEARS, M.V.SC., ASSISTANT PROFESSOR, VIDYANAGAR, NEAR MANJUSHREE CONVENT, SIRA-572137 41. SMT. ROOPA T.K D/O KUMARASWAMY T.R AGED ABOUT 38 YEARS, M.SC., (AG) ASSISTANT PROFESSOR, BEHIND EKANATHESWARI TEMPLE, BANK COLONY, SIRA-572137 42. SRI. HARISHA M S/O MAGEPPA AGED ABOUT 31 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY AND ANIMAL HUSBANDRY EXTENSION EDUCATION, VETERINARY COLLEGE, SHIVAMOGGA-577204 43. SRI. ARUN KHARATE S/O GURANATH KHARATE AGED ABOUT 36 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY PUBLIC HEALTH AND EPIDEMIOLOGY, VETERINARY COLLEGE, BIDAR-585401 44. SRI. ADEPPA J S/O JADIYAPPA AGED ABOUT 31 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY PARASITOLOGY, VETERINARY COLLEGE, BIDAR-585401 45. SRI. KRISHNAMURTHY C.M S/O LATE MUNISHAMAIAH AGED ABOUT 38 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY PARASITOLOGY, VETERINARY COLLEGE, BIDAR-585401 46. SRI. RAVINDRA B.D S/O BASAPPA AGED ABOUT 35 YEARS M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF ANN, NIPANAL, RAIBAG, BELAGAVI (DIST)-591222 47. SRI. CHANNAPPA GOUDA BIRADAR S/O SHANKAR GOUDA BIRADAR AGED ABOUT 34 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY AND ANIMAL HUSBANDRY EXTENSION EDUCATION, VETERINARY COLLEGE, BIDAR-585401 48. SRI. BHAGAVANTHAPPA S/O BASAVANNAPPA S.N AGED ABOUT 38 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY, SURGERY AND RADIOLOGY, VETERINARY COLLEGE, BIDAR-585401 49. SRI. DODDAMANI JAHANGIR BASHA S/O DODDAMANI M.R AGED ABOUT 38 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY SURGERY AND RADIOLOGY, VETERINARY COLLEGE, BIDAR-585401 50. SRI. VENKANA GOUDA DODDAGOUDAR S/O GURUNATHGOUDA AGED ABOUT 33 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VGO, VETERINARY COLLEGE, BIDAR-585401 51. SRI. SRINIVAS REDDY BELLUR S/O TIPPA REDDY B.S AGED ABOUT 42 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY, PHYSIOLOGY AND BIOCHEMISTRY, VETERINARY COLLEGE, BIDAR-585401 52. SRI. VINAY TIKARE S/O TIKARE P.C AGED ABOUT 36 YEARS, M,V,SC, ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY, PHARMACOLOGY AND TOXICOLOGY, VETERINARY COLLEGE, 53. SRI. RAJENDRA KUMAR T S/O RAJASHEKARAPPA, AGED ABOUT 37 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY PATHOLOGY, VETERINARY COLLEGE, BIDAR-585401 54. SRI. PRAKASH KUMAR RATHOD S/O KASHINATH RATHOD AGED ABOUT 42 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY AND ANIMAL HUSBANDRY EXTENSION EDUCATION, VETERINARY COLLEGE, BIDAR-585401 55. SRI. SIDDALINGA SWAMY HIREMATH S/O VIRUPAKSHA HIREMATH AGED ABOUT 42 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF ANIMAL GENETICS AND BREEDING, VETERINARY COLLEGE, BIDAR-585401 56. SRI. SUSHANT HANDAGE S/O SURENDRA HANDAGE AGED ABOUT 32 YEARS, M.V.SC., ASSISTANT PROFESSOR, RAILWAY STATION ROAD, NEAR BHAVANI PETROL PUMP, RAIBAG, BELGAUM (DIST)-591317 57. SRI. HEMANTH GOWDA S/O HUCHE GOWDA AGED ABOUT 34 YEARS, M.V.SC., ASSISTANT PROFESSOR, SRI LAKSHMI NILAYA, NEAR NISARGA NURSING COLLEGE, INDUSTRIAL AREA, B.KATIHALLI, HASSAN-573201.
58. SRI.BASAVARAJ INAMDAR S/O KALLESHI INAMDAR AGED ABOUT 34 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF AGB, VETERINARY COLLEGE, GADAG-582101 59. SRI. GIRIDHAR K.S S/O SHIVANANDA PAMMAR AGED ABOUT 37 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF ANN, VETERINARY COLLEGE, GADAG-582101 60. SRI. MAHESH S AKASHI S/O SURESH Y AKASHI AGED ABOUT 38 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF SURGERY AND RADIOLOGY, VETERINARY COLLEGE, GADAG-582101 61. SRI. KUMAR WODEYAR D.S S/O ANANDA GIRI WODEYAR D.S AGED ABOUT 37 YEARS, M.V.SC., ASSISTANT PROFESSOR, MYLARA POST, HADAGALI (T), BELLARY (DIST)-583217 62. SMT. DHANALAKSHMI S D/O SHARANAPPA B AGED ABOUT 39 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF TVCC, VETERINARY COLLEGE, SHIVAMOGGA-577204 63. MALATESH D.S S/O SHANMUKHAPPA D.K AGED ABOUT 41 YEARS, M.V.SC., ASSISTANT PROFESSOR DEPARTMENT OF VETERINARY MEDICINE, VETERINARY COLLEGE, SHIVAMOGGA-577204 64. SRI. ANANTHA KRISHNA S/O RAMAKRISHNAIAH AGED ABOUT 35 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VPB, VETERINARY COLLEGE, SHIVAMOGGA-577204 65. SRI. PATEL SURESH REVANNA S/O LATE REVANNA P.R AGED ABOUT 45 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY MEDICINE, VETERINARY COLLEGE, SHIVAMOGGA-577204.
66. SRI. MANJU G.U S/O UJJAPPA G AGED ABOUT 37 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF ANN, VETERINARY COLLEGE, SHIVAMOGGA-577204 67. SRI. MANJUNATHA S.S S/O MOOLIMANI S.S AGED ABOUT 37 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY PATHOLOGY, VETERINARY COLLEGE, SHIVAMOGGA-577204 68. SRI. UMESH B.U S/O UJJAPPA B AGED ABOUT 47 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF ILFC, VETERINARY COLLEGE, SHIVAMOGGA-577204 69. SRI. DHOOLAPPA S/O SIDDAPPA AGED ABOUT 41 YEARS, M.V.SC. ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY AND ANATOMY, VETERINARY COLLEGE, SHIVAMOGGA-577204 70. SRI. SANTHOSH SAJJAN S/O ARAVIND SAJJAN AGED ABOUT 34 YEARS, M.V.SC., ASSISTANT PROFESOR, DEPARTMENT OF VPH, VETERINARY COLLEGE, SHIVAMOGGA-577204 71. SRI. PRADEEP B.S S/O SHENKARAPPA B.C AGED ABOUT 34 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY PARASITTOLOGY, VETERINARY COLLEGE, SHIVAMOGGA-577204 72. SMT. SHEELA P D/O PURUSHOTTAM C.J AGED ABOUT 46 YEARS, M.V.SC. ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY MICROBIOLOGY, VETERINARY COLLEGE, SHIVAMOGGA-577204 73. SMT. VEENA D/O PARKASH AGED ABOUT 34 YEARS M.V.SC., ASSISTANT PROFESSOR DEPARTMENT OF VETERINARY PARASITOLOGY, VETERINARY COLLEGE, HEBBAL, BANGALORE-560024 74. SRI. ANJANKUMAR K.R S/O RAMAKRISHNA AGED ABOUT 35 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF PARASITOLOGY, VETERINARY COLLEGE, HEBBAL, BANGALORE-560 024 75. SRI. RAMESH H.S S/O SIDDAPPA AGED ABOUT 40 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VPB, VETERINARY COLLEGE, HEBBAL, BANGALORE-560024 76. SMT. SUCHITRA B.R D/O RAJU B.P AGED ABOUT 37 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VGO, VETERINARY COLLEGE, HEBBAL, BANGALORE-560024 77. SRI. SATHISHA K.B S/O BETTASWAMY AGED ABOUT 35 YEARS, M.V.SC., ASSISTANT PROFESSOR, AND FARM SUPERINTENDENT, LRIC (S), NAGAMANGALA, MANDYA (DIST)571432 78. SRI. CHETAN KUMAR G.K S/O KALLESHAPPA AGED ABOUT 37 YEARS M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF MEDICINE, VETERINARY COLLEGE, HEBBAL, BANGALORE-560024 79. SMT. LATHAMANI D/O SHEKHARAIAH AGED ABOUT 36 YEARS, M.V.SC., ASSISTANT PROFESSOR, DEPARTMENT OF VMD, VETERINARY COLLEGE, HEBBAL, BANGALORE-560024 (BY SRI. T S VENKATESHA, ADVOCATE) AND 1. THE DEAN (VETERINARY) ANIMAL HUSBANDARY AND EXTENSION VETERINARY COLLEGE, VINOBANAGAR, POST BOX NO.53, SHIVAMOGGA-577204.
... PETITIONERS 2. PRINICIPAL SECRETARY TO GOVT. GOVERNMENT OF KARNATAKA, ANIMAL HUSBANDARY AND FISHERIES DEPARTMENT,ROOM NO.404, 4TH FLOOR, VEEKASA SOUDHA, BANGALORE-560001.
3. PRINCIPAL SECRETARY TO GOVT. GOVERNMENT OF KARNATAKA, FINANCE DEPARTMENT, 2ND FLOOR, VIDHANA SOUDHA, BANGALORE-560 001 4. THE KARNATAKA VETERINARY, ANIMAL & FISHERIES SCIENCES UNIVERSITY (KVAFSU) NANDINAGAR, PB NO.6, BIDAR 585401 REP. BY IS REGISTRAR ... RESPONDENTS (BY SRI. H N SHASHIDHARA, KESVY & CO., FOR R1 AND R4 (VAKALATH NOT FILED FOR R4) SRI.SREEDHAR N.HEGDE, HCGP FOR R2 AND R3(MA NOT FILED FOR R2)} THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 224 AND 226 OF CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 21.01.2014 AT ANNEXURE-K ISSUED BY PRINCIPAL SECRETARY TO THE GOVT., ANIMAL HUSBANDRY AND FISHERIES DEPARTMENT AND ETC., THESE WRIT PETITIONS COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In the instant petition, petitioners have assailed the communication dated 21.01.2014 between the State and Respondent –Karnataka Veterinary, Animal and Fisheries Sciences University, Bidar whereby it was clarified as under:
“First class Masters Degree in the relevant field is the minimum qualification prescribed for recruitment for teaching posts under UGC/AICTE/ICAR scales of pay. There is no justification whatsoever for giving incentives in the form of advance increments for acquiring the qualification prescribed for recruitment to the posts. Therefore, Government does not agree to the proposal.”
2. In view of the aforesaid clarification, petitioners have been denied the benefit of two non- compounded advance increments at the entry level, which has been extended to other Universities like Agriculture and Horticulture etc. Thus, there is discrimination.
3. Learned counsel for the petitioners further submitted that in terms of 7th Pay Commission, petitioners and others, namely, who are in the Veterinary and Fisheries University were extended the benefit of two non-compounded advance increments. In other words, for earlier period it was not extended. There may be communication gap or oversight. Benefit of two non-compounded advance increments have not been extended to the officials, who are working in the Animal Husbandry, Veterinary and Fisheries University. It was also contended that University has recommended to the Government for extending the benefit of two non- compounded advance increments on par with the other universities like Agriculture and Horticulture University.
4. On the other hand, learned counsel for the State submitted that having regard to the qualification for the concerned post, the benefit of two non- compounded advance increments have been denied in the Fisheries, Animal Husbandry and Veterinary University.
5. Heard the learned counsel for the parties.
6. Question for consideration in the present petition is whether petitioners are entitled to two non- compounded advance increments at the entry level with reference to 6th Pay Commission or not? Karnataka Universities Act of Agricultural Sciences was bifurcated on 21.02.2004 in terms of relevant Section. Prior to 21.02.2004, Karnataka Universities for Agriculture Sciences consisting of agriculture, horticulture, animal husbandry, veterinary and fisheries were part and parcel of the University and it was bifurcated on 21.02.2004. In view of these facts and circumstances and in accordance with 7th pay commission, State has extended the benefit of two non-compounded advance increments at the entry level. Government Order No. AHF 113 VET 2018 dated 16.03.2019 read as under:
“14. iii) Two non-compounded advance increments shall be admissible at the entry level of recruitment as Assistant Professor (Academic Level 10) to persons possessing Post-graduate degree in the professional courses such as M.Sc. (Agri.)/LL.M./ M.Tech/M.Arch./M.E./M.V.Sc/M.D. etc. recognized by the relevant statutory body/council.”
7. It is evident that the reasons for not extending the benefit of two non-compounded advance increments to the petitioners is blatant error. That apart, when the petitioners and teaching staff, who were working in the Agriculture, Horticulture and Animal Husbandry, Veterinary and Fisheries and they were part and parcel of the then Karnataka University of Agricultural Sciences, the State cannot discriminate in extending the benefit to Ph.D., M.Phil, Post Graduation Degree and other higher qualified persons. Accordingly, Annexure - A to K are set aside on the ground of arbitrariness.
8. The State-respondent No.2 is hereby directed to reconsider the grievance of the petitioners relating to extension of benefit of Ph.D./M.Phil/PG and other higher qualified person in extending two non- compounded advance increments at the entry level in view of the fact that in the 7th Pay Commission, petitioners have been extended benefit of increment to Ph.D/M.Phil and Post Graduate and other higher qualified officers as stated supra. The above exercise shall be completed within a period of eight weeks from the date of receipt of this order.
With the above observations, the writ petition is allowed.
BVK Sd/- JUDGE