BANGALORE v. (BY SRI RAGHAVENDRA G GAYATHRI, HCGP FOR R1-3)

THE HON'BLE MR.JUSTICE SUBHASH B. ADI WRIT PETITION NOS:11259-11265/2012 (S-RES) BETWEEN: 1 SRI E ERANNA S/O EARANNA AGED ABOUT 34 YEARS, LECTURER IN ENGLISH WORKING AT SRI VIDYARANYA PU COLLEGE, BUKKAPATTANA, SIRA TALUK, TUMKUR DISTRICT 2 SRI NIJALINGAPPA H B S/O H S BASAVARAJAPPA AGED ABOUT 46 YEARS, LECTURER IN SOCIOLOGY WORKING AT SRI VIDYARANYA PU COLLEGE, BUKKAPATTANA, SIRA TALUK, TUMKUR DISTRICT 3 SRI ANANDA V S/O AMARA NAIK AGED ABOUT 36 YEARS, LECTURER IN KANNADA WORKING AT SRI VIDYARANYA PU COLLEGE, BUKKAPATTANA, SIRA TALUK, TUMKUR DISTRICT 4 SRI K M SOMASHEKAR S/O MARIYAPPA AGED ABOUT 47 YEARS, LECTURER IN KANNADA WORKING AT SRI VIDYARANYA PU COLLEGE, BUKKAPATTANA, 2 SIRA TALUK, TUMKUR DISTRICT 5 SRI MANJANNA M B S/O BHIMMANNA AGED ABOUT 53 YEARS, LECTURER IN POLITICAL SCIENCE WORKING AT SRI VIDYARANYA PU COLLEGE, BUKKAPATTANA, SIRA TALUK, TUMKUR DISTRICT 6 B KENCHAPPA S/O BASAPPA AGED ABOUT 40 YEARS, LECTURER IN ECONOMICS WORKING AT SRI VIDYARANYA PU COLLEGE, BUKKAPATTANA, SIRA TALUK, TUMKUR DISTRICT 7 SRI SAMEULLA B S S/O SHEK AHMED SAB AGED ABOUT 45 YEARS, SECOND DIVISION ASSISTANT WORKING AT SRI VIDYARANYA PU COLLEGE, BUKKAPATTANA, SIRA TALUK, TUMKUR DISTRICT (BY SRI. MADHU C.S., ADV.,) AND: 1 THE STATE OF KARNATAKA REPTD BY ITS PRINCIPAL SECRETARY-II DEPARTMENT OF EDUCATION M.S.BUILDING, BANGALORE-01 2 THE DIRECTOR THE DEPARTMENT OF PRE UNIVERSITY EDUCATION, SAMPIGE ROAD, MALLESHWARAM BANGALORE …PETITIONERS 3 3 THE DEPUTY DIRECTOR THE DEPARTMENT OF PRE UNIVERSITY EDUCATION TUMKUR DISTRICT TUMKUR 4 THE SECRETARY VIDYARANYA VIDYA SAMSTHE TOVINAKERE, TURUVEKERE TALUK TUMKUR DISTRICT 5 THE PRINCIPAL SRI VIDYARANYA PU COLLEGE BUKKAPATTANA, SIRA TALUK TUMKUR DISTRICT (BY SRI RAGHAVENDRA G GAYATHRI, HCGP FOR R1-3) …RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT the RESPONDENTS TO RECKON AND COUNT THE PAST SERVICE RENDERED BY THE PETITIONERS FROM THE DATE OF THEIR INITIAL APPOINTMENT UP TO THE DATE OF THEIR APPROVAL OF THEIR APPOINTMENT WITH AID RESPECTIVELY FOR THE PURPOSE OF FIXATION OF PAY SCALE, SENIORITY INCREMENTS INCLUDING TBA PENSIONARY BENEFITS AND OTHER CONSEQUENTIAL SERVICE BENEFITS FLOWING THEREOF, INCLUDING ARREARS OF SALARY BY DISPOSING THE PRESENT PETITIONS IN TERMS OF THE ORDER OF THIS COURT MADE IN WP 24910/02 DATED 1.12.06 AND WP NO.10399/04 DATED 1.9.06 AND WHICH WAS AFFIRMED IN WA 291/07 DISPOSED ON 24.2.09 WP 19431/05 AND CONNECTED CASES DISPOSED OF ON 13.10.06 WHICH WAS AFFIRMED BY THE DIVISION BENCH OF THIS COURT IN WA 848/08 AND CONNECTED CASES DISPOSED ON 3.11.09 VIDE ANNX-S, T, U AND W AND IN TERMS OF THE DIVISION BENCH JUDGMENT OF THIS COURT IN WA 503/11 AND CONNECTED CASES DISPOSE OF ON 30.11.11. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: 4 ORDER Sri. Raghavendra G. Gayathri, learned Government Pleader is directed to take notice for respondent Nos.1 to 3.

In these writ petitions, the petitioners have sought for a direction to the respondents to count the past service of the petitioners from the date of their initial appointment up to the date of approval of their appointment with aid respectively, for the purpose of fixation of pay scale, seniority increments including TBA, pensionary benefits and other consequential benefits.

Learned counsel for the petitioners relied on the decision of this Court in W.P.No.24910/2002 dated

01.12.2006 and other connected matters and submits that, this matter is also covered by the decision of this Court in the said cases.

Learned Government Pleader submits that, the matter is ceased by the Apex Court as regard to whether the seniority could be granted from the date of initial appointment or from the date of admission of the post to the grant-in-aid. 5

Without going into the merit, since this court has issued direction in similar identical matters, I find that direction could be issued to the respondents to consider the grievance of the petitioners in accordance with law.