This judgment directed the Karnataka State Government and relevant education authorities to consider the petitioners' representation dated 16.10.2017 regarding pay parity in private unaided schools under Relevant Rules.
Direction to Respondents to consider petitioners' representation dated 16.10.2017 regarding pay parity within six months.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.11493/2018 (S – RES)
BETWEEN
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... PETITIONERS
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AND
... RESPONDENTS
(BY SRI VENKAT SATYANARAYANA A., HCGP FOR R1 – R5; R6 SERVED AND UNREPRESENTED)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO 5 TO CONSIDER AND DISPOSE OF THE REPRESENTATION DATED 16.10.2017 MADE BY THE PETITIONERS VIDE ANNEXURED, IN ACCORDANCE WITH LAW KEEPING IN VIEW OF THE RULE 3(b) OF THE KARNATAKA EDUCATIONAL INSTITUTIONS (CERTAIN TERMS AND CONDITIONS OF SERVICE OF EMPLOYEES IN PRIVATE UNAIDED PRIMARY AND SECONDARY AND PRE-UNIVERSITY EDUCATIONAL INSTITUTIONS) RULES, 2005, AND CIRCULAR ISSUED BY THE GOVERNMENT DATED 12.10.2007 VIDE ANNEXURE-B AND C RESPECTIVELY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners in this writ petition have sought for a direction to respondent Nos.1 to 5 by issuance of writ in the nature of mandamus to consider their representation dated 16.10.2017 (Annexure-D).
been appointed by the 6th respondent-Management on various dates from the year 1993 to 2006 in various posts. Learned Counsel for the petitioners would submit that the
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appointment of the petitioners is approved by the Government in terms of the order dated 12.1.2006 (Annexure-B).
the said Rules, 2005, reads as follows:
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“3. Minimum number of posts, Educational Qualifications and Conditions of service of employees :- (1) Subject to the other provisions of these rules :
(a) The minimum number of categories and number of posts and staffing pattern shall be as applicable to aided educational institutions. The educational qualifications for recruitment to the various posts in the educational institutions shall be the same as those applicable to the corresponding category of posts in Government educational institutions;
(b) Salary:- The salary of the employees in the educational institutions, namely, the unaided Primary, Secondary and Pre-University educational institutions shall not be less than the minimum of the basic of the scale of pay of the corresponding post held by an employee in a Government educational institution and shall be disbursed through Account payee cheques drawn in favour of such employee.”
In terms of the aforesaid extracted Rules, the State Government is required to consider the entitlement of the petitioners in terms of the representation
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given by the petitioners seeking parity in pay with the corresponding category of posts in the Government educational institutions.
the respondent-State Government, I am of the considered view that a direction is to be issued to the respondentState to consider the representation of the petitioners.
(ii) A direction is issued to respondent Nos.1 to 5-
State Government to consider the representation of the petitioners dated 16.10.2017 (Annexure-D) and pass appropriate orders, in accordance with law, within a period of six months from the date of receipt of a copy of this
order.
Sd/JUDGE
Cs
CT:MJ
3 issues framed by the court
Whether the State Government is required to consider the petitioners' representation regarding parity in pay with government educational institutions.
Whether a writ of mandamus should be issued to direct the State Government to consider the representation within a specified time.
Whether Rule 3(b) of the Karnataka Educational Institutions Rules, 2005 mandates pay parity for appointed employees in private unaided institutions.
2 provisions across 2 enactments
Sri Halabasappa G.M.
Sri Butaraja C.
Sri G.T. Manjunatha
Sri A. Ravi
Sri S.H.Vemanna Reddy
State of Karnataka
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
