RAJESHWARI S. MATHAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, who are working as Associate Professors, have approached this Court seeking for the following reliefs:

(2.) Learned counsel for the petitioners submits that the provisions of the Act No.7 of the Karnataka Private Aided Educational Institutional Employees (Regulation of Pay, Pension and other Benefits) Act, 2014, has been quashed by this Court in WP No.21216/2014 and connected writ petitions, which are disposed of by the Coordinate Bench of this Court on 10/7/2015. He submits that as against the orders passed in WP No.21216/2014, the State has filed Writ Appeal No.2476/2015 and connected appeals, which is pending consideration before the Principal Bench. In the said writ appeals, after recording the statement of the learned Advocate General, the Division Bench has observed that the State shall go on paying the employees their current emoluments in terms of the re-fixation, subject to result of the writ appeals and has also restrained the State from initiating any recovery proceedings for recovery of the arrears of pay. He further submits that the Division Bench has also observed that so far as the retired employees are concerned, the learned Advocate General has submitted that the pension what they are getting shall be continued to be paid to them. He submits that considering the orders passed by the Division Bench in Writ Appeal No.2476/2015 and connected appeals, similar writ petitions r were disposed of thereafter by this Court in terms of the orders passed by the Coordinate Bench of this Court in WP No.21216/2014 making it clear that the same will be subject to the decision of the Division Bench in Writ Appeal No.2476/2015 and connected writ appeals. In this regard, he has placed reliance on one such order of this Court in WP No.103032/2021 disposed of on 24/8/2021.

(3.) Learned AGA appearing for the respondents does not dispute the aforesaid submission made by the learned counsel for the petitioners. He however submits that even the orders passed in this writ petition, may be made subject to the outcome of the Writ Appeal No.2476/2015, which is pending before the Division Bench.