BYRAPPA Vs. BENGALURU UNIVERSITY

JUDGEMENT

(1.) Petitioner now a retired employee of the 1st respondent University, is invoking the writ jurisdiction of this court, in substance seeking a direction to the said University to fix his salary in the AICTE Pay Scales treating as a member of teaching staff.

(2.) After service of notice, the 1st respondent University having entered appearance through it's Panel Counsel, opposes the Writ Petition; the 2nd respondent- University has remained unrepresented.

(3.) The counsel for the petitioner banking upon the decision dated 23.11.2018 made by this court in more or less a similar fact matrix in W.P.No.31788/2016 (S-RES) between R.S.Umeshaiah Vs. Bangalore University and Another, submits that the question whether a foreman is a member of teaching staff or not has already been answered in the affirmative in view of the Division Bench judgment dated 12.08.2005 in W.A.No.2704/2005 (S-R) and consequently, the AICTE Pay Scale needs to be extended especially when the challenge to the Division Bench judgment in Civil Appeal No.5620/2009 has been negatived by the Apex Court vide order dated 30.08.2017.