Disposed

Sri Guruswamy Hiremath v. the State of Karnataka

Karnataka HC25 Jan 2023WP/21994/2019

Case brief

AI extract

What is this about?

Writ petition by part-time lecturers challenging an order denying pension and seniority benefits. Court reserved liberty for petitioners to seek representation for pension computation while affirming Tribunal findings on seniority and leave.

What did the court decide?

Resolved liberty to file representation for pension computation; Tribunal findings on seniority and leave affirmed.

Sri Guruswamy Hiremath Vs the State of… — Pension and Retirement Benefits | Karnataka HC (2023)

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WP No. 21994 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF JANUARY, 2023

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PRESENT

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THE HON'BLE MR. JUSTICE G.NARENDAR

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AND

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THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO. 21994 OF 2019 (S-KSAT)

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BETWEEN:

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Digitally signed by NANDINI D Location: High Court of Karnataka

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SRI. GURUSWAMY HIREMATH, AGED 53 YEARS, S/O SRI. SANGANABASAYYA, WORKING AS LECTURER IN ECONOMICS GOVERNMENT PRE UNIVERSITY COLLEGE FOR GIRLS, RAICHUR-584101, RAICHUR DISTRICT.

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SRI. RAMESH B.R., 53 YEARS, S/O SRI. RANGEGOWDA, LECTURER IN PHYSICS, GOVERNMENT PRE UNIVERSITY COLLEGE FOR BOYS HUNSUR, MYSURU DISTRICT-570017.

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SRI. MADAPPA H.O., 56 YEARS, SRI. ONKARAPPA H.S. LECTURER IN BIOLOGY, GOVERNMENT PRE UNIVERSITY COLLEGE FOR BOYS ARAKALGUDU, HASSAN DISTRICT.

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WP No. 21994 of 2019

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SMT. VIJAYALAKSHMI, 55 YEARS, D/O SRI. MUNDAPPA K LECTURER IN COMMERCE, GOVERNMENT PRE UNIVERSITY COLLEGE PALIMAR, UDUPI UDUPI DISTRICT-574112

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SMT. SHEELA SHENOY B, 55 YEARS, W/O SUDHKARA SHENOY LECTURER IN COMMERCE, GOVERNMENT PRE UNIVERSITY COLLEGE, KOKKARNE, UDUPI DISTRICT-576101.

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SMT. ROOPAKALA K.S. 54 YEARS, W/O SRI. VISHWANATH GOWDA LECTURER IN COMMERCE, GOVERNMENT PRE UNIVERSITY COLLEGE, PANJA, SULLIA TALUK D.K.DISTRICT

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SRI. SRIPATHI S/O SRI. NAGAPPA JOGI N AGED 54 YEARS, LECTURER IN COMMERCE, GOVERNMENT PRE UNIVERSITY COLLEGE, KEMMANNU, UDUPI, UDUPI DISTRICT-576115.

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SRI. CHITTAVADAGI ESWAR SHETTY S/O SRI. THIMMAIAH SHETTY AGED 55 YEARS, LECTURER IN STATISTICS GOVERNMENT PRE UNIVERSITY COLLEGE FOR BOYS, GANGAVATHI, KOPPAL DISTRICT.

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3 - WP No. 21994 of 2019

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SRI. ISHAPPA KALAKAPPA GANIGER AGED 59 YEARS, S/O KALAKAPPA GANIGER LECTURER IN PHYSICS GOVERNMENT PRE UNIVERSITY COLLEGE HAVERI DISTRICT, HAVERI-580025.

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SHAIKH ABDUL KAREEM, 58 YEARS, S/O AHMED HUSSAIN LECTURER IN ARTS, GOVERNMENT S.J.PRE UNIVERSITY COLLEGE, NEW TOWN, BHADRAVATHI, R/AT NO.C-128, 2^ND CROSS, TIPPU NAGAR, SHIVAMOGGA, SHIVAMOGGA DISTRICT.

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…PETITIONERS

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(BY SRI. P A KULKARNI., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, PRIMARY AND SECONDARY EDUCATION DEPARTMENT, (PRE UNIVERSITY COLLEGES) M.S.BUILDINGS, SACHIVALAYA II, BENGALURU-560001.

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THE DIRECTOR PRE UNIVERSITY EDUCATION DEPARTMENT, SAMPIGE ROAD, 18^TH CROSS, MALLESWARAM, BENGALURU-560001.

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THE DEPUTY DIRECTOR PRE UNIVERSITY EDUCATION DEPARTMENT, RAICHURU DISTRICT, RAICHURU-584101.

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THE DEPUTY DIRECTOR PRE UNIVERSITY EDUCATION DEPARTMENT, MYSURU DISTRICT, MYSURU-570 001.

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WP No. 21994 of 2019

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THE DEPUTY DIRECTOR PRE UNIVERSITY EDUCATION DEPARTMENT, HASSAN DISTRICT, HASSAN-573201.

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THE DEPUTY DIRECTOR PRE UNIVERSITY EDUCATION DEPARTMENT, UDUPI DISTRICT, UDUPI-576101.

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THE DEPUTY DIRECTOR PRE UNIVERSITY EDUCATION DEPARTMENT, D.K.DISTRICT-574217.

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THE DEPUTY DIRECTOR PRE UNIVERSITY EDUCATION DEPARTMENT, KOPPAL DISTRICT, KOPPAL-583231.

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THE DEPUTY DIRECTOR PRE UNIVERSITY EDUCATION DEPARTMENT, HAVERI DISTRICT, HAVERI-581100.

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THE DEPUTY DIRECTOR PRE UNIVERSITY EDUCATION DEPARTMENT, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201.

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…RESPONDENTS

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(BY SRI. H.R.SHOWRI, AGA.)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.03.2019 PASSED IN A.NOS.563571/2015 C/W A.NO.5838/2015 AND A.NOS.640-648/2015 ANNEXURE-A PASSED BY KSAT BENGALURU ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING – B GROUP, THIS DAY, G.NARENDAR J., MADE THE FOLLOWING:

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WP No. 21994 of 2019

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ORDER

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Heard the learned counsel appearing on behalf of the petitioners.

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Petitioners are before this Court being aggrieved by the order passed in Application Nos.563571/2015 and other connected applications. The petitioners had sought for the following reliefs before the Tribunal:-

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“i) Call for records relating to issue of the impugned notification No.ED 125 DGW 2009 dated 14.8.2013, publishing the Karnataka State Civil Services (Absorption of Persons working on part time lecturers in the Karnataka General Services (Department of Pre-University Education) (Special) Rules, 2011 (vide Annexure A18) issued by the 1^st respondent and to read down Rule 4 which reads as under:

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“Pay fixation, seniority, leave and pension of part-time lecturers absorbed under these rules – not withstanding anything contained in the Karnataka Civil Services Rules or any other rules governing the conditions of service made or deemed to have been made

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WP No. 21994 of 2019

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under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) the initial basic pay of an absorbed part time lecturer under these rules after he reports for duty as a lecturers shall be fixed at the minimum of the scale of pay of the category of posts in which he is absorbed and the services rendered before his absorption shall not be counted for the purpose of seniority, or pension”

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ii) To direct the respondents to count the service rendered by them from the date of their appointment on part time basis and grant them all consequential benefits, including seniority, pay fixation, leave and pension.

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iii) Pass such other orders as this Hon’ble Tribunal deems fit in the facts and circumstances of the case.

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i) To call for records relating to issue of the impugned order bearing No.Pa.u.Shi. E/HH/Hi Co-Ri/02/95-96 dated 13-12-2014 (Annexure A21) of the 2^nd respondent and after perusal set aside the condition No.6, 7, 9, 10 and 13 and 14 of the impugned order

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ii) To direct the respondents to absorb their services retrospectively w.e.f. the date

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WP No. 21994 of 2019

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their appointments were approved by the competent authority and grant them all consequential benefits, including seniority, pay fixation, leave and pension

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iii) Pass such other orders as this Hon’ble Tribunal deems fit in the facts and circumstances of the case.”

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It is the case of the petitioners that they were working as part-time lecturers in Junior Colleges established and run by the State and that in 2011 Special Rules were framed, which were defined as Karnataka State Civil Services (Absorption of Persons working on part time lecturers in the Karnataka General Services (Department of Pre-University Education) (Special) Rules, 2011. Prior to that in the year 2003, respondent – State had framed a similar Rules and the services of the part-time lecturers in First Grade Colleges were regularized.

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4. It is the case of the petitioners that petitioners

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herein were also similarly situated as part-time lecturers,

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WP No. 21994 of 2019

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whose services came to be absorbed in 2003 and that the petitioners have also been discharging duties as part-time lecturers even prior to 2003 and hence, their absorption to be retrospectively counted from the date the absorption under the 2003 Rules were made.

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After arguing the matter for sometime, learned

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counsel for the petitioners would submit that the petitioners would be conceding their rights insofar as leave and seniority and that the cases of the petitioners may be considered for the purpose of pension only.

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It is submitted that in view of the delay on the part of the State in extending similar relief of absorption to the petitioners, some of them might be attaining superannuation after completing 10 or 11 years of service after absorption and in that view, they would be disentitled for receipt of pension in view of inadequacy of services.

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WP No. 21994 of 2019

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The submission of learned counsel is placed on

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record.

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The writ petition is disposed of by reserving

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liberty to petitioners to make a representation to the competent authority for consideration of the services for the limited purpose of computation of pension only. The findings of the Tribunal insofar as seniority and leave is concerned are affirmed.

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If any such representation is made, the same shall be considered and disposed of within a period of three months from the date of receipt of the same. The consideration shall be in accordance with law.

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Sd/JUDGE

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Sd/JUDGE

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DN/List No.: 1 Sl No.: 23

Sri Guruswamy Hiremath v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Guruswamy Hiremath v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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