H.S. Jayappa vs Principal Secretary to Government (Higher Education), Education Department, Director, Department of State Education Research and Training, Accountant General in Karnataka (A and E) and Srisaila College of Education

H.N. Nagamohan Das, J.—The grievance of the petitioner in this petition is that his service from the dale of initial appointment till the date the management was admitted to the grant-in-aid was excluded by the respondents while calculating the pension and other benefits.

Identical issue came up for consideration before this court in W.P. No. 19431/2005 and connected matters disposed on 13.10.2006. Learned Counsel on both the side submit that this court in W.P. No. 19431/2005 and connected matters held that respondents are liable to take into consideration the period from the date of initial appointment to the date of management was admitted to the grant-in-aid for the purpose of calculating pension and other benefits. The order in W.P. No. 19431/2005 and connected matters passed by the learned single Judge came to be affirmed by a Division Bench of this court in W.A. No. 450/2007 and connected maters.

For the reasons stated above, the following:

ORDER

i) Writ petition is hereby allowed.

ii) The impugned endorsement dated 25.6.2009 passed by the second respondent as per Annexure-G is hereby quashed.

iii) The respondents to take into account the period of service of petitioner from the date of his initial appointment till the date the management came to be admitted for grant-in-aid by the Government for the purpose of extending pensionary and other benefits.

iv) Respondents to pay arrears with interest @ 6% p.a. from the date of writ petition and within a time frame of three months.