-1-
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 65" DAY OF SEPTEMBER 20..}_._0
BEFORE
THE I~ION'BLE MRJUSTICE RAM T'
WRIT PETITION Nos. 27693~2:'7708/ C V'
BETWEEN
E
SR1 Y M SI-IIVANNA S/O0V:C§'V13V{I.AI3§A.I?PA_V
AGED 33 YEARS, PRESENTLY WORE_NG--AS
HEAD MASTER
SR1. A.I-I. BASAVARA5 'S./C)'
AGED 33 YEARS, WORINGAS-~«ASS§S.__'_1'EACHER
SR1. EANA;§PA E1's/0:'.~BASAVAI\:1'jEPOPA
AGED 3Q 'WQ.RI}.\_IGf;AS ASST. TEACHER
SR1. S/0 ESWARAPPA
AGED 3 1 -WORING AS ASST. TEACHER
- » SRI. i§IA,GAM'URT1~:Y K S
S /0 K SACHANDRASHEKARAPPA
AGEDR32 YEARS, WORKING AS ASST. TEACHER
V RASARAJAPPA I-I S/O THIMMAPPA
* AGED 47 YEARS, --
VVORKING PHYSICAL EDUCATION TEACHER
" SR1. KALLANAGOWDA SHIVANAGOWDA PATH.
S / O SI-IIVANAGOWDA
C. AGED 45 YEARS. WORKING AS CRAFT TEACHER
M
10
11
12
13
SR}. GIRISH H J S / O JAGANNATHA RAO
AGED ABOUT 35 YEARS
VVORKING AS ASST. TEACHER
SR1. S T CHAYAPATI-IY S/O THYAVARA _
AGED 28 YEARS, A -
WORKING AS SECOND DIVI_S_1QI\E AS_;3'1S"1*-Aij1f~;r%z*"~V»: ~ _ A
{PETI'I'iONERS No. 1 T0 9 \v0.¥I3:BI;IC% INSTRUCTIONS
NRUPATNIINOA .,
BANOALs.3R_E--0I;_' 'I ' I
3 THE DIRECTOR F_Qf<».PU-l3l;1C INSTRUCTION
DEPT. OFgSECONDART EDI;¥CA"I'ION,
OI/VOF'CONIA_aISSION'ER F.Q_RJPUBLIC INSTRUCTION
NRUPI'£I'E{UI*J4GA(<RQAD, I3ANGALORE--01
4 THE~DIREC"ID_R'FOR.I PUBLIC INSTRUCTION
DEP._'_i'L OF'P_RIMARI< EDUCATION.
_ _ O/OF COMMISSIONER FOR PUBLIC INSTRUCTION
NRUPATNUNOA ROAD, BANGALORE--O 1
I 1 STE.-IE. DEPUTY DIRECTOR FOR PUBLIC INSTRUCTION
{BY SRII RAGHAVENDRA G. GAYATHRI, (3.1).)
. QIIMOOA DIST. SHEMOGA
... RESPONDENTS
bk
These W.Ps. 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»-initiai
appointment up to the date of approvai-.'Qf"_'__"tI1eirp
appointment with aid respectively for the-._:pujrpose*
fixation of pay scale, seniority,Mincreirients-VI,including
pensionary benefits and othei: coriseqaeritiai V'
benefits flowing thereof disposing.2"t1';ie:4_V_.pr_esent--"2.
petitions in terms of the order of this"'Hon"'"o1eVV Court
made in W.P.No.249:'i.Q/20.02 and the
W.?.No. 10399 /2004 "dated §'3.2'ooe:' and which was
affirmed in WA. No.-29.i_[2OOAfi*2'_ciisprised on 242.2009
and off on
26.7.1201-.0 -of the same' are herewith
producedpéand 'AnneXure--F, O, R & S.
W.'Ps~.------ar'e coming on for preiiminary hearing
' ;tiii.s d.ay., t.'t_1eCourt made the following:
ORDER
it ‘Petitioners, except petitioner No.9, appointed as
it g:’a’n–A:SDA, were appointed as teaching staff which were
Lei
approved Without Aid by orders Annexures A to D and
thereafter the appointments were approved with Aid by
orders Annexures E to K of the respondent, Departrrient
of Education. The request of the petitionersfto .
the date of entry into service from’ the”date’_’:’-i.nitia1: ti”
appointment for purpose of
fixation, when not considered by V thet’ ..Vres_’pon.dent, = ‘
authorities, has resulted in .petitions; —
2. Learned Counse1_VpforV submit that
the matter iS2’i’14.1’1:’;p’_’,:i’:.:.'(V3c)\.J’::€€i’€31Z11″b;y’$1.ii€ii3iSiO’i1 of this Court in
‘ -connected petitions in
v.T.s.JEY.–t -Ai,”v.s_;.”‘ or KARNATAKA 8: OTHERS
D.Dt.§:p:’i3’,’10/fZl3£)VE:3h_wherein a learned Single Judge of
e§Cte_nded the benefit of reckoning the service
eriteaciieiése the date of initial appointment in the
private ieduécational institution instead of the date of
tfvadnriission of the institution to Grant–in–Aid, for
M
pensionary benefits and all other conseqtrential
benefits.
3. In the light of the said decision,..t1t&se’
are accordingly allowed. ‘
reckon the petitioner’s serwice froth” the
appointment at Sri Sevg fioctety ®,
Karekuchi, Tarikeret from the
date on which approved for
Grant-in§Aic3i,’§ to ail service
benefits__.___V ti”
Sd/-
Judge
Rd/-_ _