Disposed

Shri Pramod S/O Appasaheb Jadhav v. the State of Karnataka

Karnataka HC5 Aug 2024WP/104612/2024

Case brief

AI extract

What is this about?

Petitioners, employees and retirees of an aided college, challenged the Karnataka Private Aided Educational Institutions Employees Act, 2014 seeking quashing of the Gazette Notification and refixation of salary and pension. Both counsel submitted the reliefs were covered by W.P.No.11131/2017 disposed on 05.01.2024.

What did the court decide?

Petition disposed of in terms of W.P.No.11131/2017 disposed on 05.01.2024.

Shri Pramod S/O Appasaheb Jadhav Vs the… — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:11039 WP No. 104612 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 5^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

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WRIT PETITION NO.104612 OF 2024(S-RES)

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BETWEEN:

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SHRI PRAMOD S/O. APPASAHEB JADHAV, AGE: 55 YEARS, OCC: FIRST DIVISION ASSISTANT, MARTHA MANDAL’S ARTS, COMMERCE AND SCIENCE COLLEGE FOR WOMEN, BELAGAVI, R/O: PLOT NO.770, SCHEME NO.40, KUVEMPU NAGAR, NEAR PRAGATI PET CLINIC, BELAGAVI – 590 001.

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SHRI RAMESH S/O. VENKATESH JAMDAR, AGE: 66 YEARS, OCC: CLERK CUM TYPIST (RETD.,), MARTHA MANDAL'S ARTS, COMMERCE AND S CIENCE COLLEGE FOR WOMEN, BELAGAVI, R/O: PLOT NO.512, GURUDEEP BUDA, SCHEME NO.47, SAHYADRI NAGAR, D D NAGAR POST, BELAGAVI – 590 019.

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka

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SHRI MANOHAR S/O. YALLAPPA WANDRE, AGE: 63 YEARS, OCC: ATTENDER (RETD)., MARTHA MANDAL’S ARTS, COMMERCE AND SCIENCE COLLEGE FOR WOMEN, BELAGAVI, R/O: H.NO.2540, MALI GALLI, DARAGA ROAD, BELAGAVI – 590 001.

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SHRI LAXMAN S/O. VAJU MANNURKAR, AGE: 61 YEARS, OCC: OFFICE SUPERINTENDENT, MARTHA MANDAL’S ARTS, COMMERCE AND SCIENCE COLLEGE FOR WOMEN, BELAGAVI, R/O: 23, FIRST MAIN THIRD CROSS, SHIVAJI NAGAR, BELAGAVI – 590 016.

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…PETITIONERS

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(BY SRI A S PATIL & Sri SABEEL AHMED, ADVOCATES)

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NC: 2024:KHC-D:11039 WP No. 104612 of 2024

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AND:

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THE STATE OF KARNATAKA, TO THE DEPARTMENT LAW AND PARLIAMENTARY AFFAIRS, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001.

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THE STATE OF KARNATAKA, TO THE DEPARTMENT EDUCATION, REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001.

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THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, NRUPATUNGA ROAD, BENGALURU – 560 001.

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THE DIRECTOR OF COLLEGIATE EDUCATION, VISHWESHWARAIAH TOWER, DR.B.R.AMBEDKAR VEEDHI, BENGALURU – 560 001.

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THE REGIONAL JOINT-DIRECTOR, COLLEGIATE EDUCATION, MINI VIDHANA SOUDHA, D.C.COMPOUND DHARWAD – 580 008.

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…RESPONDENTS

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(BY SRI P.N.HATTI, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF “KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER BENEFITS) ACT, 2014” AND TO QUASH THE GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN KARNATAKA GAZETTE IN NO.SAMVYASHAE 60 SHASANA 2013, BANGALORE DATED 12-02-2014 IN PART IV (A) BY THE RESPONDENT NO.1 AS PER ANNEXURE-F AND TO DIRECT RESPONDENTS TO REFIX THE PAY SCALE OF PETITIONER NO.1 AND TO PAY THE APPROPRIATE SALARY IN FAVOUR OF HIM WHICH WAS EXISTING AND PAID PRIOR TO ENACTMENT OF THE IMPUGNED ACT AND TO FORTHWITH REFUND THE AMOUNT WHICH HAS BEEN DEDUCTION FROM THE SALARY OF THE PETITIONER PURSUANT TO THE IMPUGNED ACT AND TO DIRECT RESPONDENTS TO RE-FIX THE PENSION OF THE PETITIONERS NO.2 TO 4 BY RECKONING THEIR SERVICE FROM THEIR INITIAL APPOINTMENTS AND TO PAY THE REVISED PENSION ALONG WITH ARREARS AND ETC., IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2024:KHC-D:11039 WP No. 104612 of 2024

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THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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Writ petition is filed seeking for following reliefs:

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I. Struck down the provisions of the Act No.07 of “Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and Other Benefits) Act, 2014” and consequently to quash the Gazette Notification dated 12.02.2014 published in Karnataka Gazette in No.SAMVYASHAE 60 SHASANA 2013, BANGALORE dated 12-02-2014 in Part IV (a) by the respondent no.1 as per ANNEXURE-F.

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II. Issue writ of mandamus or any other order or direction, directing the respondents to refix the pay scale of the petitioner no.1 and to pay the appropriate salary in favour of him which was existing and paid prior to enactment of the impugned act and to forthwith refund the amount which has been deduction from the salary of the petitioner pursuant to the impugned act.

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III. Issue Writ Of Mandamus Or any other Order Or Direction, directing the Respondents To Re-Fix The pension of The Petitioners No.2 To 4 By reckoning their service from their initial appointments And to pay the revised pension along with arrears.

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IV. Issue any other appropriate Writ or Order to Direction which deems fir to grant by this Hon’ble Court under the facts and circumstances of the case.

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