Disposed

Sri. K. Santhosh Kumar Hegde v. the State of Karnataka

Karnataka HC14 Feb 2023WP/1814/2023

Case brief

AI extract

What is this about?

In this writ petition, retired teachers challenged a government order denying sixth to eighth stagnation increments. The court held that prior decisions mandate consideration of such benefits from 14.06.2012 and directed the Principal Secretary to process the request within three months.

What did the court decide?

Directed the second respondent-Principal Secretary, Department of Education to consider the petitioners' request for sixth-eighth stagnation increments with effect from 14.06.2012 within three months.

Sri. K. Santhosh Kumar Hegde Vs the State… — Pension and Retirement Benefits | Karnataka HC (2023)

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WP No. 1814 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 1814 OF 2023 (S-RES)

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BETWEEN:

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SRI. K. SANTHOSH KUMAR HEGDE S/O. K. RAGHURAMA HEGDE, AGED ABOUT 66 YEARS, RETIRED HEAD MASTER, KODU DURGAMBIKA AIDED HIGHER PRIMARY SCHOOL, PANJIMAR, SHIRVA, KAUP TALUK, UDUPI DISTRICT. R/AT SANTHRIPTI, NO.5/16, YENAGUDDE, KOTE BEEDU, KATAPADI POST, UDUPI DISTRICT-574 105.

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Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

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SRI. KRISHNA KUMAR RAO S/O. LATE NARAYANA RAO, AGED ABOUT 67 YEARS, RETIRED ASSISTANT TEACHER, HINDU AIDED HIGHER PRIMARY SCHOOL, UDYAVARA, UDUPI DISTRICT, R/AT NO. 1/72, NEAR MATTU TEMPLE, KATAPADI POST, UDUPI TALUK AND DISTRICT-574 105.

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…PETITIONERS

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(BY SRI. RAJESHA SHETTIGARA., ADVOCATE)

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WP No. 1814 of 2023

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY TO GOVERNMENT (PRIMARY AND SECONDARY) DEPARTMENT OF EDUCATION, M.S. BUILDINGS, DR. B. R. AMBEDKAR ROAD, BENGALURU-560001.

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THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA, DEPARTMENT OF EDUCATION, M.S. BUILDINGS, DR. B. R. AMBEDKAR ROAD, BENGALURU-560 001.

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THE COMMISSIONER FOR PUBLIC INSTRUCTIONS IN KARNATAKA NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R. CIRCLE, BENGALURU-560 001.

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THE DIRECTOR OF PRIMARY AND SECONDARY SCHOOL OFFICE OF THE COMMISSIONER OF PUBLIC INSTRUCTION, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, BENGALURU-560 001.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (ADMINISTRATION) BENGALURU NORTH DISTRICT, K.G. ROAD, BENGALURU-560 002.

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3 - WP No. 1814 of 2023

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DEPUTY DIRECTOR OFFICE OF DEPUTY DIRECTOR FOR PUBLIC INSTRUCTION, RAJATHADRI, C BLOCK, II FLOOR, ESHWAR NAGAR, MANIPAL, UDUPI DISTRICT-576 104.

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BLOCK EDUCATION OFFICER BRAHMAVARA, UDUPI DIVISION, UDUPI-576 123.

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…RESPONDENTS

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(BY SRI. M.S.NAGARAJA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER BEARING NO. ED 19 PMC 2013, BENGALURU, DATED 06.07.2016 PASSED BY THE R1, PRODUCED AS ANNEXURE-E, IN RESPECT OF DENIAL OF BENEFITS OF 6TH, 7TH AND 8TH STAGNATION INCREMENTS TO THE PETITIONERS CONCERNED WITH RETOSPECTIVE EFFECT FROM 01.04.2012, AS THE SAME ARE VIOLATIVE OF THE ARTICLES 14 AND 16 OF THE CONSTITUTION OF INDIA; QUASH THE ENDORSEMENT DATED 28.12.2022 BEARING NO.G1.A.PRA.SHA 02/2022.23 PRODUCED AS ANNEXURE-C , ISSUED BY THE R7 IN SO FAR AS P1 CONCERN AND ETC.

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

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4 - WP No. 1814 of 2023

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ORDER

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This petition is filed by a retired Headmaster and a retired Teacher in the Government aided Primary Schools of Udupi District calling in question the Government Order dated 06.07.2016 (AnnexureE). The learned counsel for the petitioners, relying upon the orders of this Court in W.P.No.23236/2022 (S-R), which is disposed of on 18.01.2023, submits that in similar circumstances, this Court has disposed of a writ petition directing the second respondent – the Principal Secretary, Government of Karnataka to consider the request for grant of sixth - eighth stagnation increments in the light of the directions in W.P.Nos.104187/2018 and 51879/2019 as confirmed by the Division Bench in the writ appeal in W.A.No.361/2020 and because the learned Additional Government Advocate had submitted that certain requests based on the earlier proceedings are being processed and if there is a direction to consider

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5 - WP No. 1814 of 2023

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the request, the same would be considered within a stipulated time frame.

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Perused the records, and Sri. M.S.Nagaraja, the learned Additional Government Advocate for the respondents is heard. The petitioners herein, as in the aforesaid petitions, have impugned the Government Order dated 06.07.2016 asserting rights to sixth - eighth stagnation increments with effect from 14.06.2012. However, with the decision in W.A.No.361/2020 it is settled that the grant of this benefit will have to be considered with effect from 14.06.2012 in terms of the decision in the earlier proceedings. If the request in this regard is pending in the case of similarly circumstanced persons, this Court is of the considered view that the petitioners’ request for stagnation increments as aforesaid must also be considered in terms of the directions of this Court in W.P.Nos.104187/2018 and 51897/2019.

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6 - WP No. 1814 of 2023

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As such, the petition stands disposed of directing the second respondent – The Principal Secretary, Department of Education to consider the petitioners’ request for sixth - eighth stagnation increments with effect from 14.06.2012 within a period of three [3] months from the date of receipt of a certified copy of this order.

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Sd/JUDGE

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Sri. K. Santhosh Kumar Hegde v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. K. Santhosh Kumar Hegde v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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