Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 9712 OF 2025 (S-KSAT) BETWEEN:
1. SHIVANNA
S/O CHIKKAMALLU, AGED ABOUT 42 YEARS, WORKING AS ASSISTANT TEACHER (2006-) O/O GOVERNMENT VALMIKI ASHRAMA SCHOOL, RANGASANDRA, MUKANAPALYA POST, CHAMARAJNAGAR TALUK AND DISTRICT-571127. R/A PUNAJANUR POST AND VILLAGE, CHAMARAJNAGAR-571127. Digitally
Signed by 2. SOMESHA, REKHA R S/O SANNAIAH, Location : AGED ABOUT 43 YEARS, High Court WORKING AS ASSISTANT TEACHER (2007-)of Karnataka O/O GOVERNMENT VALMIKI ASHRAMA SCHOOL, JAKKAHALLI COLONY, HD KOTE TALUK, MYSURU-571117. R/A KALASUR VILLAGE AND POST, HD KOTE TALUK, MYSURU-571116. -2-
3. SURESHA D.
S/O LATE DEVAIAH, AGED ABOUT 42 YEARS, WORKING AS ASSISTANT TEACHER (2007-) O/O GOVERNMENT VALMIKI ASHRAMA SCHOOL, DB KUPPE, HD KOTE TALUK, MYSURU-571114. R/A HAMPAPURA VILLAGE AND POST, HD KOTE TALUK, MYSURU-571125.
4. RAVINDRA C
S/O CHIKKANNA, AGED ABOUT 38 YEARS, O/O GOVERNMENT VALMIKI ASHRAMA SCHOOL, BYLURU, ARDHANARIPURA, HANUR TALUK, CHAMARAJANAGAR-571457 R/A NO.42, SDA CHURCH STREET, DODDINDUVADI VILLAGE AND POST, KOLLEGAL TALUK, CHAMARAJANAGAR-571443.
5. SHIVAKUMARA S,
S/O SHIVASHKARAPPA, AGED ABOUT 38 YEARS, WORKING AS ASSISTANT TEACHER (2007-) O/O GOVERNMENT VALMIKI ASHRAMA SCHO MADDURU COLONY, GUNDLUPET TALUK, CHAMARAJANAGARA-571111. R/A PARAMAPURA VILLAGE, PADAGURU POST, GUNDLUPET TALUK, CHAMARAJANAGARA-571111. -3-
6. CHANDAN KUMAR,
S/O MAHADEVARAJU, AGED ABOUT 37 YEARS, WORKING AS ASSISTANT TEACHER (2011-) O/O GOVERNMENT VALMIKI ASHRAMA SCHOOL, HIRIYAMBALA, HANUR TALUK, CHAMARAJANAGARA-571457. R/A NO.10/1, LINGAYAT STREET, HANUR TALUK, AJJIPURA-571439.
7. SHWETHA N
S/O B V SRINIVASA, AGED ABOUT 36 YEARS, WORKING AS ASSISTANT TEACHER (2009-) O/O GOVERNMENT VALMIKI ASHRAMA SCHOOL, BASAVANAGIRIHADI- A, HD KOTE TALUK, MYSURU-571114. R/A NO.3114 HOUSING BOARD COLONY, NEAR LIBRARY HD KOTE-571114.
8. LOKESHA M
S/O MAHADEVASWAMY, AGED ABOUT 35 YEARS, WORKING AS ASSISTANT TEACHER (2011-) O/O GOVERNMENT VALIMIKI ASHRAMA SCHOOL, JEERIGE GADDE, HANURU TALUK, CHAMARAJANAGAR-571457. R/A ODEYARA PALYA VILLAGE AND POST, HANURU TALUK, CHAMARAJANGARA-571457.
9. CHANNABASAVAIAH M B,
S/O BASAVALINGAIAH M B, AGED ABOUT 57 YEARS, WORKING AS ASSISTANT TEACHER (2003-) O/O GOVERNMENT VALMIKI ASHRAMA SCHOOL, MADDUR COLONY, GUNDLUPET-571111. R/A MUKKADAHALLI VILLAGE AND POST, CHAMARAJANAGAR TALUK-571111. -4-
10. M R RANGASWAMY,
S/O Y M RANGAIAH, AGED ABOUT 56 YEARS, WORKING AS ASSISTANT TEACHER (2006-) O/O GOVERNMENT VALMIKI ASHRAMA SCHOOL, MARUTIPALYA, CH NAGAR, 57117 R/A MALARANPALYA GOWDAHALLI POST YELANDURTA C.H.NAGAR DIST-571117.
11. LOKESHA. Y.S
S/O SRINIVASA, AGED ABOUT 41 WORKING AS ASSISTANT TEACHER (2008-) O/A GOVERNMENT VALMIKI ASHRAMA SCHOOL, NAGAPURU HUNASUR T MYSORE DISTRICT 571105 R/A YASHODHARAPURA. T. MYSORE DISTRICT 571105.
12. HONNAGIRI SHANKARAPPA D K
S/O KALAIAH. A AGED ABOUT 44 YEARS, WORKING AS ASSISTANT TEACHER (2006-) O/A GOVERNMENT VALMIKI ASHRAMA SCHOOL, ADIVASHI BUDAKATTU VASTI SHALE MUTTURU COLONY PIRIYA PATTANA(T) MYSURU (D) 571107 R/A DEPURU, BETTADAPURA (H) KOASURU (P) PRIYAPUTTANA (T) MYSURU (D) 571107.
13. ASHOKA B.C S/O CHANDRA B D AGED ABOUT 38 YEARS -5- O/A CENTRAL MAHARSHI VALMIKI ADIVASHI BUDAKATTU VASTI SHALE SAMSE (V) (D) MUDIGERE
(T) CHIKKAMANGALURU (D) 577124 R/A BALUR(V) (P) MUDIGERE (T) CHIKKAMANGALURU (D) 577122.
14. PUTTAMMA
S/O KOOSAIAH AGED ABOUT 39 YEARS WORKING AS ASSISTANT TEACHER (2009-) D B KUPPE HD KOTE TALUK MYSORE DISTRICT 571114 R/A ANKAMATHAPURA (V) HIREHALLI(P) HD KOTE MYSORE DISTRICT 571114.
15. PRABHU SWAMY
S/O SHIVAIAH GOWDA AGED ABOUT 38 YEARS RAJYASANDRA CHAMARAJANAGARA TALUKU 571 127. R/A PRABHUSWAMY S/O SHIVIAH GOWDA HALEPURA (V) HAVERI(P) CHAMARANAGARA T-D 571128.
16. VENKATESHA M
S/O MADU NAIKA AGED ABOUT 44 YEARS NAKKUNDI HANUR (TQ) CHAMARAJA NAGARA (DT) 571444 -6- R/A SATHYAMANGALA (V) DINNALI (PO) HANUR (TQ) CHAMARAJANAGARA (D)- 571444.
17. PUTTASWAMY N S/O NANJAIAH AGED ABOUT 52 YEARS WORKING AS ASSISTANT TEACHER (2001-) PUNAJANUR-571127 R/A KEMPAPURA POST CHAMARAJANAGAR TD 571115.
18. VENKATESHA M
S/O LATE MUTTURANI AGED ABOUT 38 YEARS WORKING AS ASSISTANT TEACHER (2009-) BANDIPURA GUNDLUPET TALUK CHAMARAJNAGARA D 5711 R/A BHEEMA NAGARA KOLLEGAL TOWN KOLLEGAL TALUK CHAMARAJANAGARA (D) 571440.
19. UMESHA R
S/O RAMA AGED ABOUT 34 YEARS WORKING AS ASSISTANT TEACHER (2011-) NAGANAPURA COLONY NANJANGUD(T) MYSORE (D) 571315 R/A S/O RAMA NAGANAPURA COLONY (U AND D) NANJANGUD (T) MYSORE (D) 571315.
20. REVANNA R S/O RAJANNA AGED ABOUT 43 YEARS WORKING AS ASSISTANT TEACHER (2007-) -7- O/A GOVERNMENT VALMIKI ASHRAMA SCHOOL, NAGANAPURA COLONY NANJANGUD (T) MYSORE (D) 571315 R/A DADADAHALLI (V) NANJIPURA (P) HD KOTE (T) MYSORE (D) 571121.
21. MAHESHA S
S/O LATE SHANKAR AGED ABOUT 34 YEARS WORKING AS ASSISTANT TEACHER (2011-) O/A GOVERNMENT VALMIKI ASHRAMA SCHOOL. NAKKUDI HANNUR (T) CHAMARAJANAGAR (D) 571444 R/A BOODAHALLI (V) CHIDARAVALLI (P) SOSALAE (H) T NARASIPURA TALUK MYSORE (D) 571120.
22. PRASANNA S H
S/O HANUMANTHAPPA AGED ABOUT 37 YEARS O/A GOVERNMENT VALMIKI ASHRAMA SCHOOL, SARASWATHIPURA KADUR(T) CHIKKAMANGALURU (D) 577548 R/A LAKKADIKOTE BILUVALA(P) KADUR (T) CHIKKAMANGALURU (D) 577548.
23. PRAVEENA H N S/O NAGESHA H G AGED ABOUT 32 YEARS WORKING AS ASSISTANT TEACHER (2012-) KOTHURU BOMMADU PONNAMPET (T) KODAGU(D) 571216 R/A BALELE (V AND P) -8- PONNAMPET (T) KODAGU(D) 571219.
24. GANESHACHARI M M
S/O MALLACHARRY AGED ABOUT 46 YEARS WORKING AS ASSISTANT TEACHER (2005-) KARIKE MADIKKERI (T) KODAGU 571247 R/A SHIRANGALA (V) (P) KUSALNAGARA (T) KODAGU (D) 571232.
25. SHASHIKALA S
D/O HONNAGIRI SHANKARAPPA D K AGED ABOUT 43 YEARS GOVERNMENT MAHARSHI VALMIKI ADIVASI BUDAKATTU VASATI SHALE MUTTURU COLONY PIRIYAPATTANA (T) MYSURU (D) 571107 R/A DEPURU (V) BETTADAPURA (H) KONASURU (P) PIRIYAPATTANA(T) MYSURU (D) 571107.
26. NANJUNDASWAMY
S/O LATE MARIMADAIAH AGED ABOUT 46 YEARS WORKING AS ASSISTANT TEACHER (2008-) MURALIPALYA (V) HONGANUR(P) CHAMARAJANAGARA (T AND D) 571117 R/A JYOTHIGOWDANAPURA V AND P CHAMARAJANAGARA 571117.
27. SUMATHI D/O MADESHA K -9- AGED ABOUT 36 YEARS KONANAKERE HANUR CH NAGARA (D) 571320 R/A THIMARAJIPURA KEMPANA PALYA (PO) KOLLEGAL (T) CHAMARAJANARA (D) 571440.
28. DEVARAJ A M
S/O MAHADEVAIAH AGED ABOUT 35 YEARS WORKING AS ASSISTANT TEACHER (2011-) K GUDI CHAMARAJANARA (D) 571127 R/A ANKANSHETTYPURA (V AND P) CHAMARAJANARA (D) - 571 127.
29. LATHA H
S/O SURESH C AGED ABOUT 41 YEARS WORKING AS ASSISTANT TEACHER (2009-) O/A GOVERNMENT VALMIKI ASHRAMA SCHOOL, SARASWATHIPUR KADUR (T) CHIKKAMANGALURU (D) 577548 R/A AMBEDKAR NAGAR KADUR NEAR ANJANAYA TEMPLE KADUR (T) CHIKKANGALURU-577548.
30. MAHESH R S/O LATE K RATHNAIAH AGED ABOUT 54 YEARS WORKING AS ASSISTANT TEACHER (2003-) PURANIPURA YELANDUR TALUK CHAMARAJANAGAR (D) 571441 - 10 - R/A AMLODE (V AND P) YELANDUR (T) CHAMARAJANAGAR (D) 571441.
31. PARAMESHWARAPPA M G
S/O T GANGADARAPPA AGED ABOUT 53 YEARS WORKING AS ASSISTANT TEACHER (2009-) SARASWATHIPURA KADUR (T) CHIKKAMANGALURU (D) 577548 R/A VEKATESHWARA NAGARA KADUR 7TH WARD CHIKKAMANGALURU (D) 577548.
32. KAVITHA C S/O MAHESH M AGED ABOUT 35 YEARS KANCHAGALLI KOLLEGAL (T) CHAMARAJNAGAR (D) 571440 R/A VINAYAKA COLONY T NARASIPURA TOWN, MYSORE (D) 571124.
33. RAMESH M
S/O MADALAH B AGED ABOUT 36 YEARS WORKING AS ASSISTANT TEACHER (2012-) D B KAPPE HD KOTE (T) MYSORE (D) 571114 R/A PAMESH M S/O MADALAH B UDABOORU (V) N BELATHIRU (P) HD KOTE (T) MYSURU (D) 571114.
34. GANESH T S/O THANGAVELU AGED ABOUT 34 YEARS - 11 -
WORKING AS ASSISTANT TEACHER (2011-) KONANAKERE HANURU (T) CHIKKAMANGALURU (D) 571320 R/A GANESHA T S/O THAGAVELU KAKKEHOLA PONNACHI (PO) HANURU (T) CHAMARAJANAGAR (D) 571320.
35. GIRISH KS
S/O SHIVANNA K G AGED ABOUT 45 YEARS WORKING AS ASSISTANT TEACHER (2009-) MUTHURU COLONY (V) MUTTHUR (P) PIRIYAPATTANA (T) MYSURU (D) 571107 R/A LOURU (V), CHUCHANAKATTE (HO) KR NAGAR (T) MYSURU (D) 571617.
36. CHANDRAMMA
D/O MUTTHEGOWDA AGED ABOUT 40 YEARS WORKING AS ASSISTANT TEACHER (2008-) RACHAPPAJI NAGAR KOLLEGALA (T) CHAMARAJANAGARA (D) 571440 R/A GANIGAMANGALA SHAGYA (P) HANURU (T) CHAMARAJANAGAR (D) 571439.
37. Y S SAVITHA
S/O MAHADEVASWAMY C AGED ABOUT 35 YEARS PUNAVARARU CHAMRAJNAGARA (T AND D) 571127 R/A OLD AMBEDKAR STREET JYOTHIGOWDARAPURA CHAMRAJNAGARA (T AND D) 571117. - 12 -
38. SHIVARAJU S
S/O SIDDARAJU AGED ABOUT 35 YEARS O/A RACHAPPAJI NAGARA KOLLEGAL (T) CHAMRAJNAGARA (D) 571440 R/A AMBEDKAR STREET MANAGALLI (V AND P) HANURU (T) CHAMRAJNAGARA (D) 571439.
39. NAGAVENI R
S/O NAGARAJA TV AGED ABOUT 41 YEARS WORKING AS ASSISTANT TEACHER (2011-) O/A GOVERNMENT VALMIKI ASHRAMA SCHOOL BACHHANAHALLI SHIDLAGHATTA (T) CHIKKABALAPURA (D) 562105 R/A NEAR ANJANEYA TEMPLE DIBBURAHALLI (V AND P) SIDLAGATTA (T) CHIKKABALAPURA (D) 562105.
40. KAMALA V
AGED ABOUT 36 YEARS O/A GOVERNMENT VALMIKI ASHRAMA SCHOOL S/O NARASIMHA MURTHY BACHHANAHALLI SHIDLAGHATTA (T) CHIKKABALAPURA (D) 562105 R/A CHOWDASANDRA (V) MELUR (P) SIDLAGATTA (T) CHIKKABALAPURA (D) 562102.
41. RAMAVATHI S/O MUNISHAMI AGED ABOUT 41 YEARS. WORKING AS ASSISTANT TEACHER (2005-) O/A GOVERNMENT VALMIKI ASHRAMA SCHOOL BACHHANAHALLI SHIDLAGHATTA (T) - 13 - CHIKKABALAPURA (D) 562105 R/A SADALI (VANDP) SHIDLAGHATTA (T) CHIKKABALAPURA (D) 562104.
42. SHRUTHI N
S/O NANJALAH AGED ABOUT 33 YEARS O/A GOVERNMENT VALMIKI ASHRAMA SCHOOL PONNACHI HANUR (T) CH NAGARA (D) 571320 R/A NO.1/217JOHN HANUMANTHAPPA STREET (BHIMNAGARA) KOLLEGAL (T) CH NAGARA (D) 571440.
43. SHIVAMMA E
S/O LATE NANJUNDA SWAMY S AGED ABOUT 45 YEARS WORKING AS ASSISTANT TEACHER (2011-) O/A GOVERNMENT VALMIKI ASHRAMA SCHOOL KONANKERE HANUR (T) CHAMRAJNAGARA (D) 571320 R/A MANAGALA (V AND P) HANUR (T) CHAMARAJANAGAR (D) 57443.
44. RANGAMADAPPA
S/O RANGAPPA AGED ABOUT 35 YEARS O/A GOVERNMENT VALMIKI ASHRAMA SCHOOL PONNACHI HANUR (T) CH NAGARA (D) 571320 R/A CHIKKAMARARU (V) PONNACHI (POST) HANUR (T) C H NAGAR 571320.
45. RAVI KUMARA H C S/O CHANNIGARAYA - 14 -
AGED ABOUT 43 YEARS WORKING AS ASSISTANT TEACHER (2011-) O/A GOVERNMENT VALMIKI ASHRAMA SCHOOL MUTTHURU COLONY (V) MUTTHURU (P) PERIYAPATTANA (T) MYSURUE(D) 571107 R/A HUNASETHOPALU (V) HARANAHALLI (H) HALAGANAHALLI (P) PERIYAPATTANA (T) MYSURU (D) 571187.
46. YASHODAMMA B C S/O PUTTAPPA M AGED ABOUT 50 YEARS WORKING AS ASSISTANT TEACHER (2009-) KADUR (T) CHIKKAMAGALURU (D) 577548 R/A BISALERE KADUR (T) CHIKKAMAGALURU (D) 577116.
47. SHASHIKUMAR S/O CHINNARAJU AGED ABOUT 36 YEARS MAHADESHWARA BETTA HANUR (T) CHAMARAJANAGAR (D) 571490 R/A KOKKEHOLA MARUR (V) PONNACHI (PO) HANUR (T) CH. NAGAR 571320.
48. ANANDA
S/O BASAVANNA AGED ABOUT 35 YEARS PONNACHI (PO) HANURU (T) CHAMARAJANAGARA (D) 571490 R/A ASTHURU (V) PONNACHI (PO) HANURU (T) CHAMARAJANAGARA (D) 571320. - 15 -
49. SUDHAKARA S S/O SANNA MADAPPA AGED ABOUT 38 YEARS MM HILLS HANUR (T) CH NAGAR (D) 571490 R/A KOKKEHOLA MARURU (V) PONNACHI HANURU (T) CHAMARAJANAGARA (D) 571320.
51. MANJU S
S/O SHRIKANTAPPA AGED ABOUT 40 YEARS WORKING AS ASSISTANT TEACHER (2009-) DB KAPPE HD KOTE (T) MYSURU (D) 571114 R/A VISHWANATHA COLONY (ASHRAYA LAY OUT) HD KOTE (TOWN) HD KOTE (T) MYSURU (D) 571114.
52. MADESHA M
S/O MADAIAH AGED ABOUT 40 YEARS WORKING AS ASSISTANT TEACHER (2012-) MAHADESHWARA BETTA HANURU (T) CHAMARAJANAGAR (D) 571490 R/A KONANAKERE (V) VADAKEHALLA (POST) HANURU (T) CHAMARAJANAGAR (D) 571320. …PETITIONERS (BY SRI.LAKSHMINARAYANA., SENIOR ADVOCATE FOR SRI. VIKRAM BALAJI.,ADVOCATE) - 16 - AND:
1. STATE OF KARNATAKA BY THE SECRETARY, DEPARTMENT OF SOCIAL WELFARE, MS BUILDING, BENGALURU-560001.
2. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ M S BUILDING, BENGALURU-560009.
3. THE DIRECTOR OF TRIBAL WELFARE, GOVERNMENT OF KARNATAKA KRISHI BHAVAN, HUDSON CIRCLE, BENGALURU-550002.
4. DISTRICT TRIBAL WELFARE OFFICER, DAKSHINA KANNADA DISTRICT, OFFICE OF THE PROJECT COORDINATING OFFICER, CHOWKI ABBAKA NAGAR, KOTTARA, MANGALURU-575006.
5. DISTRICT TRIBAL WELFARE OFFICER, CHAMARAJANAGAR DISTRICT, NO.214, 2ND FLOOR, DISTRICT ADMINISTRATION BHAVA, B RACHAIAH JODI ROAD, CHAMARAJANAGAR-571313.
6. DISTRICT TRIBAL WELFARE OFFICER, MYSURU DISTRICT, OFFICE OF THE PROJECT COORDINATING OFFICER, ADI PAMPA ROAD, - 17 - PADAVARAHALLI, MYSURU-570012.
7. DISTRICT TRIBAL WELFARE OFFICER, KODAGU DISTRICT, OFFICE OF THE PROJECT COORDINATING OFFICER, NEW KODAGU ZILLA PANCHAYAT BUILDING, 1 FLOOR, KODAGU DISTRICT-571201.
8. D K ZILLA PANCHAYAT REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER MANGALURU-575001.
9. KODAGU ZILLA PANCHAYAT, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, MADIKERI-571201.
10. MYSURU ZILLA PANCHAYAT REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, MYSURU-570001.
11. CHAMARAJANAGAR ZILLA PANCHAYAT, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, CHAMARAJANAGAR-571313.
12. VIVEKANANDA GIRIJANA KALYANA KENDRA REPRESENTED BY ITS SECRETARY, BR HILLS, YELANDOOR TALUK, CHAMARAJANAGAR-571440.
13. NEHRU YUVAKA KENDRA, REPRESENTED BY ITS DISTRICT YOUTH CO-ORDINATOR, BEHIND PWD, NEHRU MAIN ROAD, MANGALORE-575001. …RESPONDENTS
(BY SRI.V. SHIVAREDDY., AGA FOR R1 TO R7) - 18 - THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF CERTIORARI TO
QUASH THE ORDER OF THE TRIBUNAL DATED 18.01.2024 PASSED IN OA No. 77-148/2024 (ANNEXURE-B) AND CONSEQUENTLY ALLOW THE
APPLICATION FILED BY THE PETITIONERS BEFORE THE TRIBUNAL IN SO FAR AS PETITIONER CONCERNED b) FURTHER ISSUE DIRECTION TO RESPONDENTS TO REGULARIZE THE SERVICES OF THE PETITIONERS ON COMPLETION OF 10 YEARS OF SERVICE KEEPING IN VIEW THE PRINCIPLES LAID DOWN BY THE HONBLE APEX COURT IN JAGGOs CASE (ANNEXURE-K) AND SHRIPALs CASE (ANNEXURE-L); c) DIRECT THE RESPONDENTS TO REGULARISE THE SERVICE OF THE PETITIONER ON THE PRINCIPLE OF PARITY IN TERMS OF ARTICLE 14 AND 16 OF THE CONSTITUTION OF INDIA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and
HON'BLE MR. JUSTICE T.M.NADAF
- 19 -
ORAL ORDER
(PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The petitioners, who have been working as 'Assistant Teachers' on contract with schools established for the benefit of students from the Tribal Communities, have been knocking at the doors of the Karnataka State Administrative Tribunal [for short, 'the Tribunal'] and this Court for consideration of their representations that are submitted for regularization of their services but the State Government has not considered those representations despite specific directions.
2. The petitioners, joined by others, have
filed their applications in O.A. Nos.77-148/2024 with the Tribunal to direct the State Government/its concerned officers to extend to them all the benefits such as pay scales and other allowances as permitted to regular Teachers with retrospective effect. The petitioners have referred to the representation dated - 20 -
20.11.2017 filed by them after the Tribunal’s order
dated 30.08.2017 in a batch of applications in O.A. Nos.892-1019/2014. The Tribunal by the impugned
order dated 18.01.2024 has rejected the applications.
The Tribunal has rejected these applications reasoning thus:
"8. On reading the above order, the applicants are permitted to submit representations afresh and after receipt of the said representations from all the applicants, the authorities shall consider the same by following the judgments of the Hon’ble Apex Court cited by the applicants within an outer time limit of six months from the date of receipt of fresh representation. Admittedly, the applicants submitted their representation along with Court Order. So far as the Government not at all taken any action on the representation, though seven years are already elapsed. It is an admitted fact as per the pleadings, the applicants have not at all approached this Court for non-consideration of the order dated 30.08.2017 by filing any contempt Court applications. In this way what the orders passed by this Court Coordinate Bench dated 30.08.2017 has attained finality." - 21 -
The Tribunal, while inferring that the applicants have given up their claim for regularization from the fact that they have not pursued the relief that is admitted to them in the earlier proceedings, has opined that if the applicants cannot be treated as regular servants, there would be no question of applying equal pay for equal work and that the petitioners’ application is time barred.
3. Sri V Lakshminarayana, the learned
Senior Counsel for the petitioners and Sri V. Shivareddy, a learned Additional Government Advocate who accepts notice for the respondents, are heard for final disposal of the petition. This Court must observe that 128 Teachers [including the petitioners] approached the Tribunal with the applications in O.A. Nos.892-1019/2014. The Tribunal has disposed of these applications observing that each of those applicants were duly qualified to be recruited as regular Teachers; that they are - 22 - admitted to salary lesser than the salary admitted to directly recruited Teachers; that the decision of the Apex Court in 'State of Punjab and others v. Jagjit Singh and others'1 has a bearing on their request and that the applicants' case is a fit case for consideration. The Tribunal has issued these directions:
"(i) Permission is granted to the applicants to submit one more detailed joint representation to the Respondents, inclusive of the Principal Secretary, RDPR Department, Government of Karnataka, apart from the representations already submitted on 15.07.2013 and on 29.04.2013 in which event the same to be considered by the official Respondents, within an outer time limit of six months from the date of receipt of fresh representation from the applicants.
(ii) It need not be reiterated that for reference the applicants can furnish the joint representations already submitted by them on 15.07.2013 as reflected in Annexure 1 [2017] 1 SCC 148 - 23 - A23 and dated 29.04.2013 at Annexure A33.
(iii) It need not be reiterated that while
submitting the fresh representation, the applicants can rely upon such decisions of the Constitutional Courts, which according to them, are relevant and favourable to them.
(iv) Further, it need not be said that the first relief sought for by these applicants is kept open."
4. The petitioners have filed a representation
dated 20.11.2017 after this order, and this representation has remained without consideration. As against the original 128 applicants in O.A. Nos.892-1019/2014, 72 applicants [including the petitioners] have filed the present applications with the Tribunal, and of the afore 72 applicants, only 51 have joined in presenting the present petition. The ninth and twenty-sixth petitioners, who were not before the Tribunal, have also joined these petitioners. This Court, for the disposal of this - 24 - petition, has considered the questions: whether there must be any interference with the Tribunal’s impugned order dated 18.01.2024 in O.A. Nos.77- have presented their applications with the Tribunal, and if there is to be interference, the terms upon which such interference must be.
5. This Court must observe that the ninth
and twenty-sixth petitioners could not have come to this Court without first approaching the Tribunal despite all the similarities that are urged on their behalf. This Court is of the opinion that for redressal of their grievance, they should have filed their own applications or joined the petitioners in applying with the Tribunal. As such, there cannot be any interference at all at their instance in the present proceedings, and the petitions by them must be disposed of accordingly but without prejudice to approach the Tribunal. - 25 -
6. On the question of interference at the
instance of the other petitioners, this Court must observe that despite the Tribunal's earlier observations as aforesaid in its order dated 30.08.2017, it remains undisputed that the State Government has not considered the petitioners' case. The petitioners may or may not be entitled to the claim/s, but they should have the benefit of a reasoned order in that regard, and this definitely must be when the Tribunal in its Order dated 30.08.2017 directed the Principal Secretary, [Rural Development and Panchayat Raj Department [RDPR], Government of Karnataka to consider their representations.
7. The next aspect is whether the Tribunal
could have enabled the rejection of the petitioners' request without due consideration on the ground of delay. The Tribunal’s reasoning must be examined in the light of two determinative factors, the first being - 26 - the undisputed fact that the Principal Secretary, DRDPR has not considered their representations and the second being that the petitioners have continued in their service as contended by them on a salary much lower than the salary that is paid to directly recruited Teachers.
8. The Tribunal, because of these two
determinative factors, could not have rejected the petitioners’ applications on the ground that they did not apply for initiation of contempt proceedings; the petitioners’ continuance in employment on contract basis with their representation for different benefits as aforesaid being pending, is a continuing cause of action and that should inure to their advantage insofar as the question of limitation. In the light of the afore:
ORDER
[a] The petition at the instance of the petitioners [excluding the ninth and - 27 - twenty-sixth petitioners] is allowed in part quashing the Tribunal's impugned
order dated 18.01.2024 in Application
Nos.77-148/2024 limited to the petitioners' restoring the applications for consideration. [b] The petition at the instance of the ninth and the twenty-sixth petitioners stands disposed of with liberty to approach the Tribunal. [c] The petitioners, other than the ninth and twenty-sixth petitioners, and the respondents shall appear without further notice with the Tribunal on 15.12.2025. [d] The Tribunal shall dispose of the petition on merits with a reasonable opportunity to the respondents to complete their pleadings. - 28 - [e] The pending applications stand disposed of by this Order. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE AN/-