PRALHADAGOUDA Vs. THE STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) The petitioner in the above petition has been working a Teacher in a Private Aided Kannada Medium High School at Manteshnagar, Belagavi Taluk and District, as he being appointed as such vide appointment order produced at Annexure -A. He submits that subsequent to the issuance of the appointment order in favour of the petitioner, his post has been approved by the respondent -authority after some time. In pursuance of the said approval, he has been recognized in his post. Therefore, the petitioner claims before the Management for extension of his service benefits and fixation of the pay from the date of his entering into the services and for other consequential benefits.

(2.) Similarly placed some of the teaching and non -teaching staff have already approached this court in Writ Petition Nos. 14676/2001, 872/2004, 19431/2005 and 5145/2007. In fact, this court has passed an order considering the said prayer of the teaching and non -teaching staff and those writ petitions were allowed. Questioning the said order in the said writ petitions, the Government has preferred writ appeals before this court in W.A. Nos. 450/2007 and 848/2008. The said writ appeals were also dismissed upholding the order of the learned Single Judge. Special Leave Petitions were also preferred by the Government of Karnataka in SLP Nos. 22176 -22186/2010 and vide judgment dated 21.08.2013, the Hon'ble Apex Court has also dismissed the said SLPs. After the disposal of the said SLPs, the rights of the similarly placed teaching and non -teaching staff were adjudicated and it reached finality. The Government in order to over -come the said judgment of the Hon'ble Apex Court, according to the petitioner, issued a fresh notification, which is challenged before this court in the present writ petition.

(3.) This court had an occasion to deal with the similar matter in Writ Petition No. 21216/2014 and connected bunch of writ petitions, in which, the court has considered in detail the order passed in the earlier writ petitions and also the order passed in the writ appeals as well as dismissal of the SLPs before the Hon'ble Apex Court and ultimately, it quashed the Government notification passed under Karnataka Act No. 7/2014 viz., Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other Benefits), Act 2014 (Karnataka Act No. 7/2014), which is also challenged before this court in these writ petitions. The said Act has been struck -down as ultra vires and the Government was directed to comply with the directions already issued by this court in earlier concluded proceedings. The specific order passed by this court in the above said writ petitions is as follows.