Allowed

Shri.Shivanand Venkanna Nayak v. the Government of Karnataka

Karnataka HC13 Dec 2023WP/105440/2019

Case brief

AI extract

What is this about?

In this interim order, the High Court allowed the writ petition challenging a state act concerning pension benefits for private aided school employees. The Court directed the Respondent-State to continue payment of salary or pension as per prior orders pending the outcome of a connected appeal.

What did the court decide?

Direction to continue payment of salary or pension as per earlier orders treating petitioners on par with government employees.

Shri.Shivanand Venkanna Nayak Vs the… — Pension and Retirement Benefits | Karnataka HC (2023)

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NC: 2023:KHC-D:14593 WP No. 105440 of 2019

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 13^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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WRIT PETITION NO. 105440 OF 2019 (S-RES)

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BETWEEN:

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SHRI. SHIVANAND VENKANNA NAYAK AGE: 55 YEARS, OCC: PRINCIPAL, R/O. BAAD, POST, SHETTIGERI, TQ: ANKOLA, DIST: KARWAR.

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DR. (SMT) SUSHEELA S. DESAI AGE: 61 YEARS, OCC: PRINCIPAL (RETD), R/O. H.NO.2, GREEN PARIK, NEAR DEVI NAGAR, VIDYANAGAR, HUBBALLI, DIST: DHARWAD.

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SHRI I. R. KAJAGAR AGE: 53, OCC: LECTURER IN POLITICAL SCIENCE, R/O: DISCHARGING HIS DUTY AT MAHASATEE ARTS, SCIENCE & COMMERCE COLLEGE, ULGA, DIST: KARWAR.

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…PETITIONERS

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(BY SRI. LAXMAN T. MANTAGANI, ADVOCATE)

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AND:

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MOHANKUMAR B SHELAR

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Digitally signed by MOHANKUMAR B SHELAR Date: 2023.12.14 11:57:29 +0530

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THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M. S. BUILDING, BANGALORE.

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COMMISSIONER FOR COLLEGIATE EDUCATION PALACE ROAD, BANGALORE-560001.

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THE DIRECTOR OF COLLEGIATE EDUCATION PALACE ROAD, BANGALORE-560001.

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THE JOINT DIRECTOR OF COLLEGIATE EDUCATION, MINI VIDHAN SOUDHA, DHARWAD. …RESPONDENTS

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(BY SMT. KIRTILATA R. PATIL, HCGP FOR RESP. NO.1 TO 4,)

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2 - NC: 2023:KHC-D:14593 WP No. 105440 of 2019

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE PROVISIONS OF SECTION 3(1) AND (2) OF THE KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER BENEFITS) ACT 2014 VIDE ANNEXURE-E AS UNCONSTITUTIONAL AND CONSEQUENTLY STRUCK OWN THE SAID PROVISIONS AS ULTRA VIRUS OF THE CONSTITUTION OF INDIA AND ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS EXTENDING THE SERVICE BENEFITS AND MONITORY BENEFITS, TREATING THE PETITIONERS WORKING IN PRIVATE AIDED EDUCATIONAL INSTITUTIONS ON PAR WITH THE EMPLOYEES WORKING IN GOVERNMENT INSTITUTIONS AND FIX THE PENSION OF THE PETITIONERS RECKONING THE SERVICE OF THE PETITIONERS FROM THE DATE OF INITIAL APPOINTMENTS.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned counsel for the petitioners submits that issue involved in this petition is covered in terms of the order dated 09.09.2015 passed in W.Ps.No.108588108604/2015. Learned Government Advocate does not dispute the proposition. However, he would submit that W.A. No.2476/2015 and connected matters are pending against the order passed in W.P. No.21216/2014.

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This Court has perused the Interim Order

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passed in the aforementioned W.A. No.2476/2015. As

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3 - NC: 2023:KHC-D:14593 WP No. 105440 of 2019

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could be seen that some interim arrangement is made for payment of pension and monetary benefits payable to the employees of private aided schools.

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Learned counsel for the petitioners further

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submits that since pension is not yet fixed, the 3^rd paragraph of the operative portion of the order in W.Ps. No.108588-108604/2015 is not applicable to the petition.

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Considering the submission made, this Court is of the view that the petition has to be allowed in terms of directions issued in paragraph No.2 of the operative portion of the order in W.Ps. No.108588-108604/2015, subject to the result of the writ appeal referred to above.

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Accordingly, this Court has passed the

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following;-

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ORDER

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i) The writ petition is allowed.

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ii) Respondent-State shall continue to pay salary or pension as the case may be, to petitioners and similarly placed persons as was being paid

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NC: 2023:KHC-D:14593 WP No. 105440 of 2019

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pursuant to its earlier orders or in other words, as

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it was being paid prior to impugned enactment.

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The respondent-State shall comply with the directions already issued by this Court extending the monetary benefits and treating the petitioners working in Private Aided Educational Institutions on par with the employees working in Government Institutions.

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Sd/JUDGE

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MBS/ct-an List No.: 1 Sl No.: 4

Shri.Shivanand Venkanna Nayak v. the Government of Karnataka

Case brief

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Shri.Shivanand Venkanna Nayak v. the Government of Karnataka

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