IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18th DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI W.P. NO.46228/2018 (S-RES) BETWEEN:
SRI.PRABHUDEVA M.G. S/O.M.C.GURUMURTHY AGED ABOUT 47 YEARS LECTURER IN CHEMISTRY SBRR MAHAJANA PRE-UNIVERSITY COLLEGE JAYALAKSHMIPURAM MYSORE-570 012 … PETITIONER (BY SMT.JYOTHI B.KANGOKAR) AND:
1. THE PRINCIPAL SECRETARY TO GOVERNMENT PRIMARY AND SECONDARY EDUCATION DEPARTMENT, M.S.BUILDING BENGALURU-560 001 2. DIRECTOR/DEPUTY DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION, 18TH CROSS MALLESHWARAM BENGALURU-560 012 3. DEPUTY DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION MYSORE DISTRICT-570 012 4. SBRR MAHAJANA PRE-UNIVERSITY COLLEGE, JAYALAKSHMIPURAM MYSORE-570 012 REPRESENTED BY ITS PRINCIPAL 5. MAHAJANA EDUCATION SOCIETY (REGD.) JAYALAKSHMIPURAM MYSORE-570 012 REPRESENTED BY ITS SECRETARY ... RESPONDENTS (BY SMT.M.S.PRATHIMA, AGA FOR R-1 TO R-3 SRI.SOMASHEKAR, ADV. FOR R-4 & R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY THE SALARY WITH GRANT FROM THE DATE OF APPOINTMENT I.E., 07.10.2011 TO 02.06.2014 WITH INTEREST AT THE RATE OF 18% P.A. TO THE PETITIONER AND ETC.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Order dated 2.7.2019 has not been complied. Today learned counsel for the State furnished a Memo along with order dated 20.6.2014 contending that petitioner’s post was allowed for grant-in-aid w.e.f. 20.6.2014 whereas Director of Pre-University Education permitted the Management to appoint petitioner and others on 3.10.2011 vide Annexure-B.
2. Question for consideration in the present petition is ‘who is liable to pay salary of the petitioner during the intervening period from 7.10.2011 till 20.6.2014?’ 3. Official-respondents are hereby directed to pay difference of salary within a period of three months from today. If there is a dispute who has to pay the salary, the same shall be examined by the Department- State. In the event, if, there is any lapses on the part of the Management in appointing the petitioner contrary the Government Orders or policy, Government is at liberty to recover difference of salary from the Management or from the Government officials, who are responsible.
With the above observation, writ petition stands disposed off.
Sd/- JUDGE BS