ISHWARAPPA RUDRAPPA MARANABASARI AND ORS. Vs. THE PRINCIPAL SECRETARY GOVERNMENT OF EDUCATION (HIGHER EDUCATION) AND ORS.

JUDGEMENT

(1.) The petitioners are a working as non -teaching staff in the private aided institution. They were appointed in the year 19831986. Their appointments were approved by the respondent -authorities. The petitioners claim before the Management for extension of their service benefits and fixation of the pay from the date of entering into service 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 of 2001, 872 of 2004, 19431 of 2005 and 5145 of 2007. In fact, this Court has passed an order considering the 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 had preferred appeals before this Court in Writ Appeals Nos. 450 of 2007 and 848 of 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 of 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 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 these present writ petitions.

(3.) This Court had an occasion to deal with the similar matter in Writ Petition No. 21216 of 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 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 this writ petition. 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: