KIRAN Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) This writ appeal is directed against the order dtd. 10/2/2022 in WP No.201481/2021. The appellants were respondents 3 to 7 in the writ petition filed by the President of Hyderabad Karnataka Education Society and the Principal of HKE Society's S. Nijalingappa Dental College (referred to as 'management' for short).

(2.) The Writ Appeal has a long chequered history. The facts as stated in the appeal may be culled out first. All the appellants and one Dr. Keshava Biradar are working as Lecturers/Asst. Professors in HKE Society's S.Nijalingappa Dental College, Kalaburagi. They were all appointed in between 1990 and 1994. When they were appointed as lecturers, the qualification required for appointment to the post of lecturer was bachelor degree in dental surgery and they possessed that qualification. In the year 2004, the Dental Council of India amended the regulation and prescribed master degree in dental surgery as the basic qualification for the post of Lecturer/Asst. Professor. Since the appellants did not possess master degree, the management of the college freezed the annual increments, salary, dearness allowance, etc., which were being paid to them and started paying them a meager sum as salary at its whims. Aggrieved by this action of the management, the appellants, Dr. Keshava Biradar and two more persons approached this court by filing Writ Petition Nos. 81370-81377/2010. The writ petitions were disposed of giving direction to the appellants and others to approach the authority under the Education Act. Then they approached the Principal Secretary to the Government of Karnataka, Department of Medical Education, who by his order gave nominal relief to them and more benefits to respondents 2 and 3.

(3.) The appellants and others again approached the High Court by filing Writ Petition Nos. 83558-83565/2011 and Writ Petition No.83333/2011 challenging the order of the Principal Secretary. The management also filed writ petition challenging the order of the Principal Secretary. The writ court allowed the petitions of the appellants and dismissed the writ petition of the management by order dtd. 25/11/2011. Consequent to allowing of the appellants' writ petitions, the order dtd. 5/7/2011 passed by the Principal Secretary was quashed and the management was directed to pay up to date increments withheld from 2004, pay the salary and dearness allowance as applicable to the government employees and implement revised pay scales applicable as per the recommendation of fifth pay commission. Three months time was given for compliance of the order. This order was challenged by the management in Writ Appeal Nos. 10336-10337/2011 and these Writ Appeals were dismissed on 1/6/2012. Thereafter the management preferred SLP before the Supreme Court and it was also dismissed. The learned advocate appearing for the management sought time for making payment of the arrears. Four weeks time was granted by the Supreme Court.