Disposed

Sri.Gadagayya.B.Hiremath v. the State of Karnataka

Karnataka HC30 Mar 2021WP/147204/2020

Case brief

AI extract

What is this about?

High Court of Karnataka disposed of a writ petition filed by teaching staff seeking reckoning of past service for pay, seniority, and pension benefits. The Court directed respondents to consider a specific representation from 2018 accounting for past service rendering.

What did the court decide?

Directed respondent No. 1 to consider the representation dated 17.08.2018 regarding past service and pass an appropriate order within three months of receipt of copy of this order.

Sri.Gadagayya.B.Hiremath Vs the State of Karnataka — Education and Admissions | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

¶3

DATED THIS THE 30^TH DAY OF MARCH, 2021

¶4

BEFORE

¶5

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

¶6

Writ Petition No. 147204/2020 (S-RES)

¶7

BETWEEN

¶8

Sri. Gadagayya B. Hiremath,

¶9

S/o. Basayya Hiremath, Aged about 57 years, Working as Assistant Master, MSS High School, Mullur, Bagalkot.

¶10

Sri. Siddaraj Mahadevappa Kendholi, S/o. Mahadevappa S. Kendoli, Aged about 56 years,

¶11

Working as Assistant Teacher, Basaveshwara High School, Bagalkot.

¶12

Sri. Hanamappa S. Muttagi, S/o. Sangappa S. Muttagi, Aged about 53 years, Working as Assistant Teacher, Basaveshwara Composite P U College, Bagalkot.

¶13

Smt. Jalajaxi R. Hiremath, D/o. Rachayya K. Hiremath, Aged about 51 years,

¶14

¶15

Working as Assistant Teacher, Basaveshwara High School, Bagalkot.

¶16

Smt. Parvati M. Managuli, D/o. Mallappa B. Managuli, Aged about 49 years, Working as Assistant Teacher, R.M.G High School, Mudhol, Bagalkot District.

¶17

Sri. Mallikajuna P. Angadi, S/o. Pavadeppa S. Angadi, Aged about 46 years, Working as Assistant Teacher, Sangameshwara High School, Kudalasangama, Bagalkot.

¶18

Sri. Muthappa Y. Kuganavar, S/o. Yallappa B. Kuganavar, Aged about 46 years, Working as Assistant Teacher, Sangameshwara High School, Kudalasangama, Bagalkot District.

¶19

Sri. Mahantayya Gangayya Ganachari, S/o. Gangayya Ganachari, Aged about 44 years, Working as Assistant Teacher, D.C.Chikkanagoudar High School, Mudenur, Ramdurg taluk, Belagavi District.

¶20

...Petitioners (By Sri. Krupesh M.D. & Sri. R.Padmanabha, Advocates)

¶21

¶22

AND

¶23

The State of Karnataka, Represented by its Principal Secretary, Department of Primary and Secondary Education, M.S.Building, Bangalore-560001.

¶24

The Director, Pre-University Education, 18^th Cross, Sampige Road, Malleshwaram, Bengaluru-560012.

¶25

The Additional Commissioner for Public Instructions, Opposite to LIC and SBI main Branch, Rodda Road, Dharwad -580008.

¶26

The Additional Director for Public Instructions, Office of the Additional Commissioner for Public Instructions, Opposite to LIC and SBI main Branch, Dharwad – 580008.

¶27

The Deputy Director for Public Instructions, Haveri District, Haveri – 581110.

¶28

The Deputy Director for Public Instructions, Bagalkot District, Bagalkot – 587101.

¶29

The Deputy Director for Public Instructions, Belagavi District, Belagavi – 590001.

¶30

The Accountant General (A & E) Park House Road, Bengaluru-560001. …Respondents

¶31

(Sri. Vinayak S. Kulkarni, AGA for respondents)

¶32

¶33

¶34

This writ petition is filed under articles 226 & 227 of the Constitution of India praying to issue a writ in the nature of mandamus directing the respondents to reckon and count the past service rendered by the petitioners from the date of their initial appointments up to the date of approval of their appointment with aid respectively for the purpose of fixation of pay scale, seniority increments including TBA, pensionary benefits and other consequential service benefits flowing thereof by disposing the present petitions in terms of the order of this Hon’ble Court made in W.P.Nos.18274-80/2011 disposed of by order dated 01.06.2011 which is affirmed by the Division Bench of this Hon’ble Court in W.A.No.16338/2011 connected with A.A.No.503/2011 dated 30.11.2011 and Hon’ble Supreme Court in SLP (Civil) CC No.22176-22186/2010 dated 21.08.2013, respectively vide Annexure-B, C and D.

¶35

¶36

This writ petition coming on for Hearing on Interlocutory application this day, the court made the following:

¶37

ORDER

¶38

The petitioners were appointed as teaching staff by the management of Basaveshwara Veerashaiva Vidyavardhaka Sangha (R), Bagalkot to the sanctioned vacant posts after following due procedure prescribed under the Karnataka Education Act. The petitioners state that, they have been discharging their duties from the date of their initial appointment. The respondents have approved the appointments of the petitioners with salary grant. However, the past service of the petitioners from the date of their initial appointments is not taken into account. Hence, this writ petition.

¶39

Learned counsel for the petitioners submits that, it would suffice, if the respondents are directed to consider the representation dated 17.08.2019 received by the 1^st respondent on 03.09.2018, in the light of the orders passed

¶40

¶41

by this Court in W.P.Nos.18274-80/2011, disposed of on 01.07.2011 and the order passed in the Writ Appeal No.503/2011 and connected cases, disposed of on 30.11.2011, which is confirmed by the Hon’ble Apex Court in SLP (Civil) Nos.22176-22186/2010.

¶42

Learned AGA appearing for the respondents would submits that, in view of the amendment brought to the Karnataka Education Act, the representations submitted by the petitioners cannot be considered in the light of the order passed by this Court in W.P.Nos.8274-80/2011.

¶43

In view of the order passed by this Court in the Writ Appeal No.503/2011 and connected cases, disposed of on 30.11.2011, which is confirmed by the Hon’ble Apex Court in SLP (Civil) Nos.22176-22186/2010, it is expedient to dispose of the writ petition directing the respondent No.1 to consider the representation dated 17.08.2018 submitted by the petitioners at Annexure-E, received by the office of the 1^st respondent on 03.09.2018 and to pass appropriate order in

¶44

¶45

accordance with law, within a period of three months from the date of receipt of copy of this order.

¶46

Ordered accordingly. In view of the above, the writ petition is disposed of.

¶47

Sd/JUDGE

¶48

*Svh/-

Sri.Gadagayya.B.Hiremath v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri.Gadagayya.B.Hiremath v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Lakshminarayana Vs the State of Karnataka

Rekha Birendraprasad Pande Vs the Union of India

Fakirappa S/O. Mallappa Kurbar Vs the Hubballi Dharwad Municipal

Sri. G. Kaling Rao S/O Lingojirao Vs the State of Karnataka

Sri.Shivamurthayya Gangayya Hiremath Vs State of Karnataka

Savitri W/O. Ashok Pujari @ Kesarbai Vs Vasantarao S/O. Siddappa Pujari