Full Judgment
-1- IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 29TH DAY OF NOVEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA WRIT PETITION NO. 207490 OF 2017 (S-RES) BETWEEN:
1. DR. SALIM S/O ABDUL GAFFAR, AGE 65 YEARS, OCC: MEDICAL PROCTITIONER (PROFESSOR OF SURGERY) R/O H.NO.7-1-1, GAJARPETH, …PETITIONER (BY SRI. NITESH PADIYAL, ADVOCATE) AND:
1. THE STATE OF KARNATAKA
THROUGH THE PRL. SECRETARY, Digitally signed HEALTH & FAMILY PLANNING DEPARTMENT by KIRAN KUMAR R (MEDICAL EDUCATION) VIKAS SOUDHA, Location: High BENGALURU-1. Court of Karnataka
2. ACADEMY OF MEDICAL EDUCATION RAICHUR, THROUGH ITS SECRETARY, BIJANGERA ROAD, NEXT TO GOVT. POLYTECHNIC
3. THE PRINCIPAL AMES DENTAL COLLEGE & HOSPITAL, BIJANGERA ROAD, NEXT TO GOVT. POLYTECHNIC, -2-
4. THE DENTAL COUNCIL OF INDIA AIWAN-E-GALIB MARG, TEMPLE KOTLE LANE, NEW DELHI-110002. BY ITS CHAIRMAN.
5. THE STATE DENTAL COUNCIL APPAJAPPA AGRAHAR, NO.22, 1ST MAIN ROAD, CHAMARAJPETH, BENGALURU-9 BY ITS CHAIRMAN.
6. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA, THROUGH ITS REGISTRAR, 4TH BLOCK, JAYANAGAR, BENGALURU-560041. …RESPONDENTS (BY SMT. AARTHI PATIL., AGA FOR R-1;
SRI. R.S.KADGANCHI AND SMT.N.R.KADGANCHI., ADVOCATES FOR R-2 & R-3; SMT. ARCHANA TIWARI., ADVOCATE FOR R-4; SRI. S.S.ASPALI., ADVOCATE FOR R-6; R-5 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS No.2 AND 3 TO EXTEND ALL THE TERMINAL AND STATUTORY BENEFITS EITHER OF UGC OR CORRESPONDING GOVERNMENT SCALE BY TREATING HIM TO HAVE BEEN WORKING AS LECTURER FROM 1992 TO 1998 FROM 1998 TO 30.07.2017 AND RETIRED AS PROFESSOR, ETC.
THIS PETITION, COMING ON FOR FURTHER CONSIDERATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA -3-
ORAL ORDER
1. The petitioner is seeking a mandamus to direct the
respondents 2 and 3 to extend all the terminal benefits either of UGC or of the corresponding Government scale for the period that he has worked as a Lecturer from 1992 to 1998, and from 1998 to 30.07.2017, when he retired as a Professor.
2. He is also seeking a direction to respondents 2 and 3
to extend the salary and other benefits to him of corresponding Government scale with effect from the date of his initial appointment, along with DA and other allowances till he attained the age of superannuation.
3. The petitioner was appointed as a Lecturer on
27.08.1992 vide Annexure-A, wherein it was categorically stated that the petitioner would be given salary as per the Government of Karnataka pay scales. Thus, the entitlement of the petitioner to -4- payment as per the Government of Karnataka pay scales cannot be denied.
4. However, under Annexure-D, it was sought to be
contended that the petitioner was not qualified as per the DCI/MCI norms and he ought to have had the Post Graduate degree in MD/MS (Anatomy) and MS (General Surgery), and that the Management had not been guided properly by the then Principals who were there at the time of petitioner’s appointment. It was also sought to be contended that even for promotion as a Professor, certain requirements ought to have been satisfied by the petitioner and the same had been overlooked by the Principal at that time and that the Management had not committed UGC pay scales to any staff members of AME Society, but it had been paying Karnataka State Government pay scales to those whose services were regularized.
5. It was stated that the petitioner’s appointment also indicated that he would be paid Karnataka State -5- Government pay scales since 01.04.2003 and the same was paid and consequently, he would not be entitled to UGC scales.
6. As already stated, vide Annexure-A the petitioner
was appointed on the condition that he would be given salary as per the Government of Karnataka pay scales. However, vide Annexure-D, an argument was sought to be advanced that the petitioner was eligible for Karnataka State Government pay scales only from 01.04.2003. If by an order of appointment, the petitioner has been appointed on the condition that he would be entitled to salary as per the Government of Karnataka pay scales, it is obvious that the petitioner should be paid the Government of Karnataka pay scales from the date of his appointment as a Lecturer and his subsequent promotion as a Professor.
7. The respondents cannot contend that the petitioner was not qualified to be appointed or that there were -6-
some irregularities which were overlooked after the petitioner had attained the age of superannuation. I am therefore of the view that the petition has to be allowed and a direction is hereby issued to the respondents to pay the petitioner’s salary from the date of his appointment as a Lecturer as per the Government of Karnataka pay scales till he attained the age of superannuation. The petitioner would also be entitled for retiral benefits that a Government servant would be entitled to, commensurate with the post that the petitioner held. This order shall be complied within a period of three months from the date of receipt of a copy of this order.
8. The petition is accordingly allowed. Sd/- (N.S.SANJAY GOWDA) JUDGE PKS List No.: 19 Sl No.: 2