Partly allowed

Sunil S/O Tamanna Ramshetti, v. the Principal Secretary

Karnataka HC12 Sept 2012WP/65127/2012

Case brief

AI extract

What is this about?

The Court disposed of writ petitions seeking recognition of past services for pensionary benefits. It directed respondents to extend benefits similar to those granted in earlier related petitions, subject to the outcome of pending Supreme Court appeals.

What did the court decide?

Directed respondents to consider petitioners' services from initial appointment for pensionary benefits, subject to the result of pending Supreme Court appeals.

Sunil S/O Tamanna Ramshetti, Vs the… — Pension and Retirement Benefits | Karnataka HC (2012)

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IN THE HIGH COURT OF KARNATAKA

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CIRCUIT BENCH AT DHARWAD

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DATED THIS THE 12^TH DAY OF SEPTEMBER, 2012

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BEFORE

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THE HON’BLE MR JUSTICE HULUVADI G RAMESH

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WRIT PETITION NOS.65127 OF 2012 & 66297-320 OF 2012(S-RES)

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Between:

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SUNIL S/O TAMANNA RAMSHETTI, AGE: 46 YEARS, OCC: MECHANIC IN MECHANICAL

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ENGINEERING DEPARTMENT.

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SATEJ S/O NEMINATHA KUSANNAVAR, AGE: 40 YEARS, OCC: MECHANIC ELECTRONICS & COMMUNICATION DEPARTMENT.

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VISHAL S/O NARAYAN MARGALE AGE:38 YEARS, OCC: HELPER IN MECHANICAL ENGINEERING DEPARTMENT.

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NAGARAJ S/O DHARNENDRA PATIL, AGE:42 YEARS OCC: INSTRUCTOR IN MECHANICAL ENGINEERING DEPARTMENT.

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JAGDISH S/O SHANKAR CHIMATE AGE:38 YEARS OCC: HELPER IN ELECTRICAL &

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ELECTRONICS DEPARTMENT,

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RADHAKRISHNA S/O NARAYAN NAYAK AGE:40 YEARS, OCC: HELPER IN SCIENCE DEPARTMENT,

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AMOL S/O SURESH SANGAVI AGE:45 YEARS, OCC: MECHANIC IN MECHANICAL ENGINEERING DEPARTMENT,

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KALLAPPA S/O SHANKARGOUDA, AGE:48 YEARS, OCC: ASSISTANT INSTRUCTOR IN MECHANICAL ENGINEERING DEPARTMENT

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MAHAVEER S/O. APPANNA JANGOUDA AGE:38 YEARS, OCC: HELPER IN ELECTRONICS & COMMUNICATION DEPARTMENT.

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10.NITEEN S/O CHANDRAKANT NAIK AGE:48 YEARS, OCC: FIRST DIVISION ASSISTANT,

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11.RAJENDRA S/O ARJUN BADACHI, AGE: 39 YEARS, OCC: HELPER IN MECHANICAL DEPARTMENT,

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12.NANNAPPAGOUDA S/O BHARAMAGOUDA PATIL, AGE:57 YEARS, OCC: FIRST DIVISION ASSISTANT,

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13.MANGESH S/O SHAMARAO DESAI, AGE:44 YEARS, OCC: SECOND DIVISION ASSISTANT,

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14.MANIK S/O LAXMAN PATIL AGE: 42 YEARS OCC: HELPER IN CIVIL DEPARTMENT,

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15.KESHAV S/O KRISHNARAO KATTI, AGE:47 YEARS, OCC: MECHANIC IN CIVIL DEPARTMENT

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16.SAROJINI W/O JINENDRA SANKANNAVAR, AGE:48 YEARS, OCC: SECOND DIVISION ASSISTANT,

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17.SUNITA D/O VAJINATH KILLEKAR, AGE: 39 YEARS, OCC: ATTENDAR,

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18.TAVANAPPA S/O NEMINATH VANKUDRE, AGE:50 YEARS,

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OCC: OFFICE SUPERINTENDENT,

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19.NITIN S/O SURYAKANT GHATAGE, AGE: 38 YEARS, OCC: HELPER IN MECHANICAL ENGINEERING DEPARTMENT,

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20.PRAMOD S/O DHONDOPANT JOSHI, AGE:54 YEARS, OCC: MECHANIC IN ELECTRICAL & ELECTRONICS DEPARTMENT,

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21.SHEETAL S/O CHINTAMANI CHOUGULE, AGE: 38 YEARS, OCC: PEON GROUP D

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22.BHARAT S/O MAHAVEER DESAI, AGE: 39 YEARS, OCC: HELPER IN AUTOMOBILE DEPARTMENT,

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23.GOPAL S/O BABU DODDATAMMA, AGE: 46 YEARS, OCC: ASSISTANT INSTRUCTOR IN AUTOMOBILE DEPARTMENT,

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24.AJIT S/O TAVANAPPA JANAGOUDA, AGE:44 YEARS, OCC: PEON GROUP D ,

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25.ASHWIN S/O NEMINATH UPADYE, AGE:52 YEARS, OCC: SEOND DIVISION ASSISTANT

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ALL ARE WORKING IN GOMATESH POLYTECHNIC, GOMATESH NAGAR, P.O. HINDWADI, BELGAUM. .. PETITIONERS

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(By Sri Vitthal S Teli, Adv)

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And :

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THE PRINCIPAL SECRETARY,

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DEPARTMENT OF HIGHER EDUCATION, DR. AMBEDKAR VEEDI, BANGALORE-01.

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THE DIRECTOR, TECHNICAL EDUCATION, PALACE ROAD, BANGALORE-1 ..RESPONDENTS

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(By Smt Megha C Kolekar, HCGP)

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These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to consider the petitioners services from the date of initial appointment till the date of admitting for grant-in-aid

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for the purposes of pensionary benefit and all other consequential benefits vide Annexure-E.

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These Writ Petitions coming on for preliminary hearing this day, the Court made the following:

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ORDER

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Learned Government Pleader is directed to take notice.

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Petitioners have sought for issuance of writ of

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mandamus directing the respondents to consider their services from the date of their initial appointment till the date of admitting for grant-in-aid for the purposes of pensionary and all other consequential benefits as per Annexure ‘E’.

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All these petitioners have been appointed in

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Gomatesh Polytechnic, Gomateshnagar, Belgaum. According

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to them, they have been granted grant-in-aid by the order of the Government dated 29.04.2003, 03.06.2003 and 27.06.2003 respectively. Petitioners, on the ground that they are eligible

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for Grant-in-Aid from the date of their initial appointment for the purposes of pensionary and all other consequential benefits, are before this Court.

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Heard.

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According to the learned Government Pleader, the

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order of this Court passed earlier considering past services to calculate pensionary benefits and also fixation of pay, is under

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challenge before the Apex Court by way of Special Leave Petition.

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Since similar benefit has been extended in W.P.Nos.4789-96/2011 disposed of on 3.2.2011 and also in W.P.Nos.18274-80/2011 disposed of on 1.6.2011, wherein grant-in-Aid is made applicable from the date of appointment,

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these petitions are also disposed of in terms of the said orders to extend similar benefits. However, since the SLPs are

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pending before the Apex Court, orders passed herein would be subject to the result of the SLP preferred.

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Learned Government Pleader is permitted to file memo

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of appearance within four weeks from today.

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Sd/- JUDGE

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bkp

Sunil S/O Tamanna Ramshetti, v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

Sunil S/O Tamanna Ramshetti, v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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