High CourtsSingle Bench(2015) 12 KAR CK 0125

Ramachndra Shankar Badiger vs The State of Karnataka and Others

Karnataka High Court · Decided on 11 December 2015

HON’BLE JUDGES
R.S. Chauhan, J.
RESULT
Disposed Off
CASE NUMBER
Writ Petition No. 111922 of 2015 (S-RES)

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Judgment

8 paragraphs · 521 words

R.S. Chauhan, J.—The Office has raised the objection that Annexures -E, E-1 and E-3 have not been translated into English.

2.

The learned counsel for the petitioner submits that these Annexures'' are the representations submitted by the petitioner before the respondents. However, the present issue involved in this case is with regard to the payment of pay scale of the University Grants Commission to the petitioner. The said issue is already covered by the judgement of this Court delivered in the case of Dr. B.G. Bhaskara and others v. State of Karnataka and others (Writ Petition Nos. 26573 - 26642 of 2013 decided on 31-7-2015). Therefore, even the present case can be disposed of in terms of the said judgement. Hence, he prays that the objection raised by the Registry should be over-ruled.

3.

Since the legal issue involved in the present case has already been decided by this Court, the objection raised by the Registry is over-ruled.

4.

The controversy in this case is with regard to the payment of arrears of salary to the petitioner.

5.

By order dated 31-12-2008, the Ministry of Human Resource Development, Department of Higher Education, New Delhi, had issued a letter to the Secretary, University Grants Commission and marked the copy of the said letter to all the Chief Secretaries of the State Governments sanctioning the revision pay scales of teachers and equivalent cadres of Universities and Colleges with effect from 1-1-2006. It was provided that 80% of the financial assistance shall be given by the Central Government, while 20% of the financial assistance shall be given by the State Government.

6.

By order dated 24-12-2009, the State of Karnataka passed an order revising the University Grants Commission pay scales of Teachers, Librarians and Physical Education Personnel of Universities, Government & Aided Degree Colleges, and Government & Aided Law Colleges in the State under the control of Department of Higher Education. However, as the arrears of salary from 1-1-2006 to 31-3-2010 was not paid to the petitioners, and to other similarly situated persons, a number of writ petitions were filed not only before the Principal Bench of this Court at Bengaluru, but also at the two other Benches of this High Court, at Dharwad and Kalaburgi.

7.

In the case of Dr. Shankar N. Holihosur & Babajan Badesab Nandyal and Others v. State of Karnataka & Others (Writ Petition Nos. 112957-113040 of 2014 and Writ Petition Nos. 113041-113050 of 2014 decided on 5-2-2015), this court allowed the writ petitions and directed the respondents to pay arrears of salary and other emoluments as per revised pay scale to which the petitioner would be entitled for the period from 1-1-2006 to 23-12-2009 within three months from the date of receipt of a copy of the order and on failure to make such payment, the petitioners would be entitled to interest at 8% per annum.

Therefore, the controversy in the present case is squarely covered by the judgment passed in the above said writ petitions. Hence, this petition is hereby disposed of in the same terms as in the case of Dr. Shankar N. Holihosur stated supra.