IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 :PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R.DEVDAS WRIT PETITION NOs.17745-17750/2018(S-KAT) BETWEEN 1.SRI. S. VENKATARAJU S/O H. R. NANJAPPA AGED ABOUT 60 YEARS WORKING AS PHYSICAL EDUCATION TEACHER IN GOVERNMENT HIGH SCHOOL SHIDLAGHATTA TALUK, CHIKKABALLAPURA DIST R/AT HAMPASANDRA POST GUDIBANDE TALUK CHIKKABALLAPUR DIST 2.SRI ALLABAKASH S/O RASUL SAB AGED ABOUT 61 YEARS WORKING AS PHYSICAL EDUCATION TEACHER IN GOVERNMENT HIGH SCHOOL VATADAHOSAHALLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT R/AT THONDEBAVI RAILWAY STATION GOWRIBIDANUR CHIKKABALLAPURA DISTRICT 3.SRI BASAVARAJU S/O LATE CHANNANARAYANAPPA AGED ABOUT 56 YEARS WORKING AS PHYSICAL EDUCATION TEACHER IN GOVERNMENT GIRLS HIGH SCHOOL, HAMPASANDRA GUDIBANDE, CHIKKABALLAPURA DISTRICT R/AT HUDUGUR, GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT 4.SRI NAGARAJA H T S/O H TEEKACHAR, WORKING AS SCIENCE TEACHER IN GOVERNMENT PRE UNIVERSITY COLLEGE THIRTHAHALI POST AND TALUK SHIMOGA DISTRICT - 577432 5.SRI MOHAN S/O THUKKOJI RAO, AGED ABOUT 53 YEARS WORKING AS HORTICULTURE TEACHER IN GOVERNMENT HIGH SCHOOL R/AT SIRIGE POST, SHIMOGA DISTRICT 6.SRI H U RAJASEKHARA S/O B. UJJAPPA AGED ABOUT 52 YEARS WORKING AS HINDI TEACHER IN GOVERNMENT HIGH SCHOOL PILLANGERI, PILLANGERI POST, SHIMOGA TALUK SHIMOGA DISTRICT - 577202 R/AT GURU KRUPA, JANATHA TYPING INSTITUTE ARYA DURGAMMANAKERI B H ROAD, SHIMOGA – 577202 ... PETITIONERS (By SRI B. S. REDDY ADV.) AND 1.THE STATE OF KARNATAKA BY ITS SECRETARY- II DEPARTMENT OF PRIMARY & SECONDARY EDUCATION GOVERNMENT OF KARNATAKA M S BUILDING BANGALORE - 560001 2.THE COMMISSIONER OF PUBLIC INSTRUCTIONS DEPARTMENT OF EDUCATION NEW PUBLIC OFFICERS NRUPTHUNGA ROAD, BANGALORE - 560001 3.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS KOLAR DISTRICT - 563101 4.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS CHIKKABLLAPURA DISTRICT - 562101 5.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS TUMKUR DISTRICT - 572101 6.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DAVANAGERE DISTRICT - 577001 7.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS HAVERI DISTRICT - 581110 8.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DHARWAD DISTRICT - 580001 9.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS COORG DISTRICT 571236 10.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS HASSAN DISTRICT - 573201 11.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS SHIMOGA DISTRICT - 577201 12.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS CHIKKAMAGALUR DISTRICT - 577101 13.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS MYSORE DISTRICT - 570001 14.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS RAMANAGARA DISTRICT - 571511 15.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS BANGALORE SOUTH DISTRICT – 560 002 16.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS BANGALORE NORTH DISTRICT - 560008 17.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS BANGALORE RURAL DISTRICT - 560001 18.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS MANDYA DISTRICT -571401 19.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DAKSHINA KANNADA DISTRICT - 576239 20.THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS UDUPI DISTRICT – 581110 ... RESPONDENTS (By SMT. PRATHIMA M.S. AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE KSAT IN APPLICATION NOS.1223 TO 1408/2012 DATED: 20.11.2017 AS PER PETITIONERS CONCERNED IN SO FAR WHICH IS AT ANNEXURE-B DISMISSING THE APPLICATIONS BY ALLOWING THE WRIT PETITION; QUASH CONDITION NO.5 OF THE ABSORPTION RULES DATED: 28.03.2007 WHICH IS AT ANNEXURE-A1 PASSED BY R-1 AS UNCONSTITUTIONAL, ULTRAVIRES AND AGAINST ARTICLE 14 OF THE CONSTITUTIONAL OF INDIA AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, NARAYANA SWAMY J., MADE THE FOLLOWING:
ORDER The principal prayer made by the petitioners is that the services rendered by them prior to the absorption will have to be taken into consideration for the purpose of seniority, leave and pension.
2. Learned counsel for the petitioners submits that non-consideration of the prayer by the Tribunal is arbitrary. On the other hand, learned counsel for the respondents submits as per Section 4 of the Recruitment Rules, 2006 specifically provides that service cannot be taken into account. Hence, he justifies the impugned order.
3. In the facts and circumstances, the learned counsel submitted that in similar cases, a direction has been issued to consider the case of the petitioners for computing the past services for the purpose of seniority, leave and pension.
4. In the light of the above, these petitions are 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 order within a period of six months from today. All contentions on merit are kept open.
SD/- JUDGE SD/- JUDGE HR