MRS BESSIE HENRY @ MALLATHUMBA BHA vs. THE STATE OF KARNATAKA

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WP/12730/2013HC KarnatakaKAHC01001873201313 August 2013Bench: L.NARAYANA SWAMY5 pages
AI SummaryDismissed

What did the High Court hold?

The Court noted that the matter was appealable under Section 130 of the Education Act. Consequently, the petitions were disposed of with liberty granted to the petitioners to approach the appellate authority.

What were the facts?

Petitioners, retired employees of educational institutions, sought the benefit of the 5th Pay Commission from 1.04.1996, similar to government employees. They prayed for quashing an endorsement and directing the respondents to revise their pay scales and pay arrears.

What were the issues?

Whether the petitioners could directly approach the High Court for pay revision benefits or if an appeal under the Education Act was the prescribed remedy.

Which sections of the Income-tax Act were involved?

Section 130

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA, BANGALORE

DATED THIS THE 13TH DAY OF AUGUST, 2013

BEFORE

THE HON'BLE MR.JUSTICE L. NARAYANA SWAMY

WRIT PETITION NOs.12730-12736/2013 (S-RES) BETWEEN

1.

MRS. BESSIE HENRY @ MALLATHUMBA BHA AGE ABOUT 70 YEARS R/AT NO.10 ALL SAINT’S HOME FOR AGED ALL SAINT’S CHURCH COMPOUND NO.1, HOSUR ROAD BANGALORE – 560 025

2.

MR. BIMLA PHILLIPS AGE ABOUT 65 YEARS R/AT NO.153(54) 3E MAIN ROAD KACHARAKANAHALLI THOMAS TOWN BANGALORE – 560 084

3.

MR. SANNAYAMAIRY.M. AGE ABOUT 70 YEARS R/AT NO.74, SHABARI INCOME-TAX LAYOUT BHARATHINAGAR VISHWANEEDAM POST BANGALORE – 560 091

4.

MRS. B.V.RAMANA KUMARI AGE ABOUT 70 YEARS

2 R/AT NO.32, 2ND CROSS, 2ND STAGE KIRLOSKAR COLONY BASAVESHWARNAGAR BANGALORE – 560 079

5.

MRS. CHANDRALEEL HYMAVATHI W/O SURENDRA NEAL AGE ABOUT 61 YEARS R/AT DOOR NO.668, II CROSS HEBBAL BANGALORE – 560 024

6.

RAHMATHULLA S/O S.KHAN AGE 61 YEARS R/AT NO.212(1)(A) H.T.BANE ILYASNAGAR J.P.NAGAR VTH PHASE BANGALORE – 560 078

7.

MRS. S.BABY W/O V.J.SAMPATH KUMAR AGE 61 YEARS R/AT NO.700, 8TH CROSS 2ND STAGE, INDIRANAGAR BANGALORE

….PETITIONERS (BY.SRI.K.HANUMANTHARAYAPPA, ADV.,) AND 1. THE STATE OF KARNATAKA DEPARTMENT OF SECONDARY EDUCATION, M.S.BUILDINGS BANGALORE – 560 001 REPRESENTED BY ITS SECRETARY

3 2. THE COMMISSIONER DEPARTMETN OF SECONDARY EDUCATION NEW PUBLIC OFFICES NRUPATHUNGA ROAD BANGALORE – 560 001

3.

THE DIRECTOR DEPARTMENT OF HIGHER SECONDARY EDUCATION, NEW PUBLIC OFFICES NRUPATHUNGA ROAD BANGALORE – 560 001

4.

THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS B.M.NORTH DIVISION K.R.CIRCLE, BANGALORE – 560 001

5.

THE HEADMISTRESS METHODIST MISSION NO.106, DHARMARAJA KOIL STREET BANGALORE – 560 007

6.

THE HEADMASTER GODWILL GIRL’S HIGH SCHOOL NO.10, PROMENADE ROAD FRAZER TOWN BANGALORE – 560 025

7.

THE HEADMASTER SEVASHRAM HIGH SCHOOL SRIRAMPURA BANGALORE – 560 021

... RESPONDENTS

(BY.SRI.RAGHAVENDRA G. GAYATHRI, AGA,FOR R1-4)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMETN DATED 18.08.2012 VIDE ANNEXURE-A BY DIRECTING THE RESPONDENTS TO EXTEND THE BENFIT OF 5TH PAY COMMISION TO THE PETITOENRS FROM 1.04.1996 AND TO REVISE THEIR PAY SCALES AND PAY THE ARREARS OF THE SAME TO THEM.

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:- ORDER

Sri. Raghavendra G. Gayathri, learned Government Advocate is directed to take notice for the respondents 1 to 4.

2.

The prayer sought in these writ petitions is for extension of fifth pay commission on par with the Government employees. 3. Sri. Raghavendra G. Gayathri, AGA submits that this matter is appealable under Section 130 of the Education Act. 4. In that view of the matter these petitons stand disposed of with liberty to the petitioners to

5 approach the appellate authority to make an appeal under the provision provided in the Education Act. Sri. Raghavendra G.Gayathri, learned Government Advocate is granted six weeks time to file memo of appearance.

Sd/- JUDGE Bsv

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