Disposed

Tarunkumar S/O Kenchappa Malagali v. the Secretary (Pri and Seco.)

Karnataka HC10 Oct 2022WP/147515/2020

Case brief

AI extract

What is this about?

The Single Judge disposed of a writ petition seeking direction to respondents to consider the petitioner's unaided service for pension and benefits. Relying on precedents, the court directed the government departments to consider the petitioner's representation and pass appropriate orders within three months.

What did the court decide?

Respondents directed to consider petitioner's representation dated 29.6.2020 and pass appropriate order within three months.

Tarunkumar S/O Kenchappa Malagali Vs the… — Pension and Retirement Benefits | Karnataka HC (2022)

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WP No. 147515 of 2020

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 10^TH DAY OF OCTOBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 147515 OF 2020 (EDN-RES)

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BETWEEN:

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TARUNKUMAR S/O KENCHAPPA MALAGALI AGE:39 YEARS, OCC: ASST. ENGLISH TEACHER, R/O: MUNAVALLI, TQ: SAVADATTI, DIST: BELAGAVI

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…PETITIONER

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(BY SRI. S G HIREMATH, ADVOCATE)

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AND :

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THE SECRETARY (PRI and SECO.) DEPA. OF EDUCATION, M.S. BUILDING, BENGALURU

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THE UNDER SECRETARY, STATE OF KARNATAKA (PRI and SECO), DEPA. OF EDUCATION, DR. AMBEDKAR ROAD, BENGALURU

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THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, RODDA ROAD, DHARWAD

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, BELAGAVI

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THE CHAIRMAN JANATA SHIKSHANA PRASARAK SANGHA, MUNAVALLI, TQ: SAUNDATTI, DIST:BELAGAVI

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…RESPONDENTS

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(BY SRI K S KORISHETTAR, ADVOCATE (NOC OBTAINED) SRI V S KALASURMATH, HCGP FOR R1 TO R4, R5 – SERVED)

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WP No. 147515 of 2020

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THIS WP IS FILED PRAYING TO ISSUED WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 3 TO CONSIDER THE UNAIDED PERIOD OF SERVICE RENDERED PETITIONER AS QUALIFYING SERVICE AS PER ANNEXURE - J DATED 29.06.2020 AND ALSO RULING REPORTED IN W.P.NO.21216/2014 DATED 10.07.2014. WHICH STRUCK DOWN KARNATAKA ACT-7 AS ULTRAVIRES THE PROVISION OF ARTICLE 14 CONSTITUTION OF INDIA. DATED 09.01.2014. THE SAME IS AS ANNEXURE-M.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN `B’ GROUP THIS DAY, THE COURT PASSED THE FOLLOWING:

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ORDER

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In the light of the order dated 10.7.2015 passed by the coordinate Bench of this Court in W.P. No.21216/2014, the petitioner submitted a representation with the respondents No.1 to 3 to consider the service rendered by him in an unaided post as Assistant Teacher in English in Janata Shikshana Prasaraka Sangh, Munavalli, should be taken into consideration for the purpose of reckoning of leave pension and other benefits. The grievance of the petitioner is that the said representation has not been considered.

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The learned High Court Government Pleader appearing for the State submits that the order passed by the coordinate Bench of this Court in WP No.21216/2014 and other connected matters is challenged before the Division Bench of

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WP No. 147515 of 2020

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this Court in WA No.2476/2015 and the same is pending consideration.

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The learned counsel appearing for the petitioner submits that in WA No.2476/2015 and other connected matters on the statement made by the learned Advocate General that the State shall go on paying the current emoluments in terms of refixation, subject, however, to the result of the writ appeal, this Court has restrained the respondents herein from initiating any recovery proceedings for recovery of arrears of pay.

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I have examined the submissions of the learned

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counsel appearing for the parties.

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The coordinate Bench of this Court in WP No.21216/2014 and other connected matters has struck down the Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other Benefits) Act, 2014 as being unconstitutional and had directed the respondent-State to make payment of monetary benefits in parity with the payments made to the teachers working in Government Institutions.

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WP No. 147515 of 2020

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The coordinate Bench of this Court in WP

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No.115151/2019 in view of the order passed by the Division Bench of this Court in WA No.2476/2015 quashed the conditions wherein an embargo had been imposed that the service of the petitioner therein rendered during the time that the school run by the 4^th respondent was unaided would not be taken into consideration for the purpose of reckoning of leave, pension and other benefits and further directed the 2^nd respondent to refix the emoluments and entitlement of the petitioner and make payment of the same, which, however, shall be subject to the outcome of decision in WA No.2476/2015 and connected matters

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Therefore, it is expedient to dispose of the writ petition directing the respondents No.1 to 3 to consider the representation dated 29.6.2020 submitted by the petitioner at Annexure-J in the light of the order dated 28.8.2020 passed in WP No.115151/2019 and interim order passed in WA No.2476/2015 and pass appropriate order in accordance with law within a period of three months from the date of receipt of certified copy of this order.

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WP No. 147515 of 2020

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With the above observation, the writ petition stands

disposed of.

Sd/JUDGE

BKM

List No.: 1 Sl No.: 82

Tarunkumar S/O Kenchappa Malagali v. the Secretary (Pri and Seco.)

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Tarunkumar S/O Kenchappa Malagali v. the Secretary (Pri and Seco.)

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