SYED MANSOOR KHADER Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) In this writ petition, petitioner is assailing order dtd. 29/5/2019 in Review Petition No.147/2014 passed by the respondent NO.2 setting aside the order dtd. 22/4/2015 in Appeal No.147/2014 (Annexure-T).

(2.) I have heard Sri. Basavaraj R. Bannur, learned counsel for the petitioner and Sri. M.S. Nagaraja, learned Additional Government Advocate for the respondents.

(3.) Sri. Basavaraj R. Bannur, learned counsel for the petitioner contended that, the petitioner was appointed as First Division Assistant on 27/5/1989 in Millath Educational and Welfare Society, Davanagere, to S.K.A.H. Composite Pre- University College, and thereafter, the appointment of the petitioner along with others was approved by the Government as per Order dtd. 28/12/1989, without salary grant. Subsequently, the Government has passed an order dtd. 9/6/1999 admitting 1116 non-teaching staff to salary grant. However, the post held by the petitioner was not admitted to salary grant on 9/6/1999, but the same was admitted to salary grant on 22/11/2004 as per Annexure-C1. Being aggrieved by the same, the petitioner filed W.P. No.3521/2006 (Annexure-D). This Court, by order dtd. 9/7/2008, allowed the writ petition and as such, remitted the matter to the respondent - Government to take decision in the matter, in accordance with law and held that the petitioner is entitled for benefit from 9/6/1999 and not from 22/11/2004. Sri. Basavaraj R. Bannur, learned counsel invited the attention of the court to order dtd. 15/6/2009 (Anneure-E) and contended that the respondent -Government has extended the benefit from 9/6/1999 to other employees and the same was not extended to the petitioner from 9/6/1999 as per annexure-C. The petitioner has approached the Appellate Court under Sec. 130 of the Karnataka Education Act, 1983 and the appeal preferred by the petitioner was accepted and as such, Appellate Authority, directed the Government to extend the benefit to the petitioner as per order dtd. 9/6/1999. He further contended that the second respondent, without considering the order passed by this Court in the above writ petition, as far as the extension of the benefit as per G.O. dtd. 9/6/1999, allowed in the Review Petition filed by the Government as per annexure-T, which is challenged in this writ petition.