IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.52487 OF 2018 (S-R) BETWEEN:
VIRUPAKSHAIAH SARANGAMATH, S/O SHIVASANGAIAH, AGED ABOUT 64 YEARS, OCC:RETIRED ASST TEACHER, R/O: 9/C, MUNESHWARA TEMPLE ROAD, LOTTEGOLLAHALLI, RMV II STAGE, BENGALURU - 560 094.
(BY SRI. CHANDRASHEKAR G.M., ADVOCATE) AND:
... PETITIONER 1 . THE STATE OF KARNATAKA DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, MULTISTORIED BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001 REP BY THE PRINCIPAL SECRETARY.
2 . THE COMMISSIONER PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU - 560 001.
3 . THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, K.G.ROAD, NEAR SHIKSHAKA SADANA, BANGALORE NORTH DISTRICT, BENGALURU - 560 001.
... RESPONDENTS (BY SRI. M.V.RAMESH JOIS, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD 23.11.2017 ISSUED BY THE R-3 VIDE ANNEXURE-E; DIRECT THE RESPONDENT AUTHORITIES TO RELEASE THE ARREARS OF SALARIES FROM 01.04.2005 TO 26.10.2005 AND OTHER TERMINAL BENEFITS WITH CONTINUITY OF SERVICE BENEFITS IN TERMS OF THE ORDER PASED IN W.P.NO.63299/2012 (S-RES) DTD 26.11.2012 BY THE HON’BLE LEARNED SINGLE JUDGE VIDE ANNEXURE-C.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner asserts and the learned Government Advocate appearing for the respondent does not much dispute that the subject matter of this writ petition is substantially similar to the one in W.P.No.63299/2012 (S-RES) between RAJENDRA vs. DIRECTOR OF PUBLIC INSTRUCTIONS, BENGALURU disposed off by a coordinate Bench of this Court vide judgment dated 26.11.2012, a copy whereof is at Annexure-C; the relief granted to the litigant in the above writ petition needs to be granted to the petitioner on the principal of parity.
In the above circumstances, this writ petition succeeds; the impugned order at Annexure-E stands quashed; A Writ of Mandamus issues directing the official respondent to release the arrears of salary of the petitioner for the period between 01.04.2004 AND 26.10.2005 in terms of the aforesaid judgment, subject to all just exceptions.
It is open to the petitioner to give a detailed representation along with a copy of the judgment referred to above to enable the official respondent to take the decision expeditiously.
The time for compliance is three months. No costs.
Sd/- JUDGE DS