IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI W. P. NOs.28249-28252 OF 2014 (S-RES) BETWEEN:
1. Mr. T.G. Chandrashekara, S/o T.D. Gangadhara, Aged about 52 years, Presently working as Assistant Professor, Dept of Psychology, Pallagatti Adavappa Arts and Commerce College, Tiptur, Tumkur District – 572201.
2. Mr. Satish Chandra A.M, S/o late A. Mahalingappa, Aged about 47 years, Presently working as Assistant Professor, Dept of Psychology, Pallagatti Adavappa Arts and Commerce College, Tiptur, Tumkur District – 572201.
3. Mr. Ravikantha.A, S/o late Ananda Rao, Aged about 47 years, Presently working as Assistant Professor, Dept of Commerce, M.D.R.K. First Grade College, Hassan-573201.
4. Mr. Venkatesha, S/o Govinde Gowda, Aged about 51 years, Presently working as Assistant Professor, Dept of History, Bharathi College, Bharathi Nagar, K.M. Doddi, Maddur Taluk, Mandya District-571422.
.. Petitioners (By Sri P.B.Ajit and Sri.Thontadharya R.K., Advocates) And 1. The State of Karnataka, Represented by its Secretary, Department of Higher Education, MS Building, Bengaluru – 560 001.
2. The Director, Dept of Collegiate Education, 2nd Floor, DTE Building, Palace Road, Bengaluru-560001.
3. Kalpataru Education Trust, Office at B.H. Road, Tiptur, Tumkur District-572201, Represented by its Secretary.
4. Boovanahalli Channakeshavaswamy Education Trust, Office at M.B. Road, Hassan – 573201, Represented by its Secretary.
5. Bharathi Education Trust, Office at Bharathinagar, Maddur Taluk, Mandya District-571422, Represented by its Secretary.
.. Respondents (By Sri Sreedhar.N. Hegde, HCGP for R1, Sri K.S. Bheemaiah, Advocate for R3 to R5, R2 served but unrepresented) These Writ Petitions are filed under Articles 226 and 227 of Constitution of India, praying to quash the order/circular dated 27th May 2014 which is produced as Annexure-L issued by the R2, insofar as the petitioner and etc., These Writ Petitions coming on for Preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Petitioners have sought for quashing Annexure-L, by which Government has clarified how the UGC benefits will be extended to such of those part time lecturers, whose services have been regularized. In the present case, the petitioners’ services were regularized from the month of September 2009. The relevant portion in the circular dated 27.05.2014, Annexure-L, reads as follows:
“¸ÀPÁðj DzÉñÀ ¸ÀASÉå:Er/37/AiÀÄÄJ£ïE/2009gÀ ¥ÀæPÁgÀ ¢:11.07.2009gÀ ¥ÀƪÀðzÀ°è ¸ÉêÁ ¸ÀPÀæªÀiÁw ºÉÆA¢ J£ïEn/J¸ïJ¯ïEn/¦ºÉZïr/JA¦ü¯ï ¥ÀzÀ«AiÀÄ£ÀÄß ¢£ÁAPÀ:
11.07.2009gÀ ¥ÀƪÀðzÀ°è ¥ÀqÉ¢zÀÝ°è CªÀgÀ ªÉÃvÀ£ÀªÀ£ÀÄß ¸ÀzÀj «zÁåºÀðvÉAiÀÄ£ÀÄß ¥ÀqÉzÀ ¢£ÁAPÀ¢AzÀ PÁ®à¤PÀªÁV AiÀÄÄf¹ ªÉÃvÀ£À ±ÉæÃtÂAiÀÄ°è ªÉÃvÀ£À ¤UÀ¢¥Àr¹ ¢:26.12.2009 jAzÀ DyðPÀ ¸Ë®¨sÀåªÀ£ÀÄß ¤ÃqÀvÀPÀÌzÀÄÝ.”
2. Even though the petitioners have passed the relevant degrees / examinations prior to September 2009, it is held that they are not entitled to UGC Grade, ie., prior to the date of their regularization. There is no infirmity in the document dated 27.05.2014 (Annexure-L). If the petitioners have satisfied the conditions stipulated in the aforesaid Circular, in such an event the petitioners are entitled to UGC Pay Scales.
3. Thus, the petitioners have not made out a case so as to interfere with the Circular dated 27.05.2014, Annexure-L. Petition stands dismissed.
Sd/- JUDGE VK