IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION Nos.31688-31690/2019 (S-RES) BETWEEN 1. SRI STEPHEN FERNANDES, S/O DEIOG FERNANDES AGED ABOUT 58 YEARS OCC:SECOND DIVISION CLERK WORKING AT LOYOLA HIGH SCHOOL BANNERGHATTA ROAD BENGALURU-560076 2. SRI JEEVARATHNA E S/O EZEKIEL H AGED ABOUT 55 YEARS OCC: PHYSICAL EDUCATION TEACHER WORKING AT LOYOLA HIGH SCHOOL, BANNERGHATTA ROAD BENGALURU-560076 3. SRI SHRIKANTH G HEGDE S/O GANGADHAR RAMACHANDRA HEGDE AGED ABOUT 52 YEARS OCC: ASSISTANT TEACHER WORKING AT SRI SWAMY VIVEKANANDA HIGH SCHOOL, THYAGARTHI, SAGARA (TQ), SHIVAMOGGA (DIST)-577431.
... PETITIONERS (BY SRI MARUTHI G B, ADV.) AND 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF PRIMARY & SECONDARY EDUCATION MULTISTORIED BUILDING VIDHANA VEEDHI BANGALORE-560001 2. THE COMMISSIONER DEPARTMENT OF PRIMARY EDUCATION NRUPATHUNGA ROAD BANGALORE-560001.
3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, ADMINISTRATION, DEPARTMENT OF PUBLIC INSTRUCTIONS, KALASIPALYAM, BENGALURU-560002 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS ADMINISTRATION, DEPARTMENT OF PUBLIC INSTRUCTIONS SHIVAMOGGA-577201 5. THE BLOCK EDUCATION OFFICER 55/55, 9TH MAIN ROAD K E B COLONY NEW GURAPPANAPALYA B T M LAYOUT BENGALURU-560003.
6. THE BLOCK EDUCATION OFFICER SAGARA SHIVAMOGGA DIST-577401.
... RESPONDENTS (BY SRI T.S.MAHANTHESH, AGA.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO EXTEND THE BENEFIT OF ONE ADDITONAL INCRMENT TO THE PETITIONERS BY ALLOWING THE WRIT PETITION IN TERMS OF THE HON'BLE COURT BY ITS ORDER DATED 28.11.2018 PASSED IN W.P.NO.58694/58703/2014 VIDE ANNEXURE-L ETC.
THESE WRIT PETITIONS COMING ON FOR ‘PRELIMINARY HEARING’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned AGA accepts notice on behalf of respondent Nos.1 to 6.
2. Learned counsel for the petitioners has placed on record an order passed by the Co-ordinate Bench of this Court in W.P.Nos.15287-15291/2019 disposed of on 16.04.2019 whereby this Court after considering the matter on merits has been pleased to observe in paragraph No.5 as follows:
“5. In the light of the above, the petitioners are permitted to make a representation to the competent authority and respondents are directed to consider such representation and pass orders in terms of the directions issued by the Division Bench of this Court in the case of Jayanna and others Vs. High Court of Karnataka and another (supra). The respondents are directed to calculate and pay the petitioners one additional increment in terms of their entitlement under Rule 6 of the 1974 Rules, for the duration the same was available to the employees under the 1974 Rules. Payments due to the petitioners shall be released to them within a period of three months from the date of representation made by the petitioners.”
and further, this Court was pleased to dispose of the writ petitions in the similar terms.
3. Learned counsel for the petitioners submits that the instant writ petitions could be disposed of on similar terms.
4. Learned AGA would submit that the instant writ petitions may be disposed of in terms of the order passed by the Co-ordinate Bench of this Court in W.P.Nos.15287- 15291/2019 dated 16.04.2019. Submission of the learned AGA is placed on record.
Accordingly, the writ petitions stand disposed in terms of the order passed by the Co-ordinate Bench of this Court in W.P.Nos.15287-15291/2019 dated 16.04.2019 Sd/- JUDGE VM CT:HR