B.A.PADMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER No. 1 is working as Teacher, petitioner No. 2 is working as Hindi Teacher, petitioner No. 3 is working as Craft Teacher and petitioner No. 4 is working as Second Division Assistant in Sri Vasudevareddy Memorial High School, Jatpat Nagar, Jogimatti Road, Chitradurga Town, Chitradurga -577 501. According to the petitioners, their appointments were approved by respondent No. 1. While approving the appointment, a condition having been imposed that the past service rendered from the date of appointment till the appointee was admitted for salary grant will be counted only for the purpose of leave and pension and thereby denied the notional annual increments, these writ petitions were filed on 29.11.2013, 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 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. Sri C.S. Madhu, learned advocate for the petitioners contended that the writ petitions filed by some of the teachers working in different institutions, seeking to reckon their services from the date of their initial appointments up to the date of approval for the purpose of fixation of pay scale, seniority and all other benefits having allowed and the writ appeals and the Special Leave Petitions filed by the Government having been dismissed, as is evident from Annexures -N, P and Q, the respondents have an obligation to extend the same benefits to the petitioners. He submitted that, since the respondent No. 1 has not extended the said benefits to the petitioners, there is violation of Article 14 of the Constitution of India.

(2.) PERUSED the writ record.

(3.) IN A. Prabhakara Reddy vs. The State of Karnataka and others, : 1980 (1) KLJ 456, with regard to issuance of writ of mandamus to the authorities, it has been held as follows: