Allowed

Chandrappa S/O. Putappa Haravi v. Govt. of Karnataka

Karnataka HC11 Sept 2012WP/67552/2012

Case brief

AI extract

What is this about?

Petitioners challenging denial of past service benefits for pay fixation and pension sought quashing of an order. Court allowed requests pending Supreme Court review of a similar issue, directing modification of the impugned order to extend benefits from appointment date.

What did the court decide?

Petitions disposed of extending similar benefits as in W.P.Nos.4789-96/2011; Annexure 'D' modified to fix pay and pension from appointment date.

Chandrappa S/O. Putappa Haravi Vs Govt. of… — 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 11^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.67552-556 OF 2012(S-RES)

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Between:

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CHANDRAPPA S/O. PUTAPPA HARAVI AGE: 43 YEARS, LECTURE IN ECONOMICS SKV COMPOSITE PU COLLEGE, CHIKABASUR,

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R/O.SANGAMESHWAR NAGAR, BYADGI, DIST:HAVERI

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CHANDRAPPA S/O. SANGAPPA RAMAPURM AGE: 43 YEARS, KANNADA LECTURE SKV COMPOSITE PU COLLEGE, CHIKABASUR R/O. CHIKABASUR, TQ: BYADAGI, DIST: HAVERI

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VEERESH S/O. ANJANAPPA LINGADHALLI AGE: 44 YEARS, ENGLISH LECTURE SKV COMPOSITE PU COLLEGE, CHIKABASUR R/O. CHIKABASUR, TQ: BYADAGI, DIST: HAVERI

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SUMANGALA D/O.NINGAPPA AMATHI AGE: 32 YEARS, POLITICAL SCIENCE LECTURE SKV COMPOSITE PU COLLEGE, CHIKABASUR R/O. KABBUR, DIST: HAVERI

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MANJUNATH S/O. CHANABASAPPA SHILVANTHAR AGE: 25 YEARS, SDC SKV COMPOSITE PU COLLEGE, CHIKABASUR R/O. CHIKABASUR, TQ: BYADAGI, DIST: HAVERI ... PETITIONERS

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(By Sri Sunil S Desai, Adv for M/s Goulay Associates)

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And :

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GOVT. OF KARNATAKA

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R/BY THE SECREARY

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DEPARTMENT OF EDUCATION,

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MS BUILDING, BANGALORE-1

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THE DIRECTOR OF PRE-UNIVERSITY EDUCATION PRE UNIVERSITY EDUCATION BHAVAN 18TH CROSS, MALLESHWARAM, BANGALORE-3

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THE COMMISSIONER OF PRE UNIVERSITY EDUCATION PRE UNIVERSITY EDUCATION BHAVAN 18TH CROSS, MALLESHWARAM, BANGALORE-3

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THE DEPUTY DIRECTOR,

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PRE UNIVERSITY EDUCATION, HAVERI ..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 quash the impugned order BG No.ED 66 TPU 2009 dtd.30.5.2009, Bangalore, passed by respondents, as per Annexure-D, in so far as it relates to denial of the benefit of past service of the petitioners for the purpose of fixation of pay with revisions from time to time along with pensionary/retirement benefits with arrears, as illegal and void.

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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 quashing the order at

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Annexure D dated 30.5.2009 passed by the respondents.

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Petitioners 1 to 4 are said to be working as Lecturers and petitioner No.5 is working as Second Divisional Clerk in

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Sri Kirwadi Veerabasappa Composite Pre-University College,

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Chikabasur run by SGV Sangha (R), Chikkabasur, Byadgi taluk. According to them, the Management of the College was permitted by the respondents to open Pre-University college from 1992, by order dated 03.09.1991. Accordingly, on opening of the college, petitioners were appointed and college has been running continuously and has got all the facilities and is also duly recognized by the Government and even the subjects are approved by the Government as per its order dated 28.6.1995. The petitioners were said to be appointed in between 1995 and 2005. By the Government Order dated 30.5.2009, the college and the petitioners were brought under grant-in-aid. Accordingly, the 3^rd respondent has issued a memorandum dated 24.06.2009 fixing the pay scales of the petitioners with effect from 30.5.2009 as per Annexure ‘E’. Petitioners, on the ground that they are eligible for Grant-inAid and fixation of pay scale as well as pension from the date of their initial appointment and not from the date of Government order dated 30.5.2009 and that their past service

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also has to be considered for fixation of pay, 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 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 W.P.Nos.18274-80/2011 disposed of on 1.6.2011, wherein grant-in-Aid is made applicable from the date of appointment, these petitions are also disposed of in terms of the said orders to extend similar benefits. However, since the SLPs are pending before the Apex Court, orders passed herein would be

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subject to the result of the SLP preferred by the respondents. Accordingly, Annexure ‘D’ is modified.

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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