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Karnataka High Court · body

2015 DIGILAW 1185 (KAR)

H. B. Suresh v. State of Karnataka

2015-10-13

ASHOK B.HINCHIGERI

body2015
ORDER : Ashok B. Hinchigeri, J. 1. The validity of Karnataka Educational Institutions (Recruitment and Terms and Conditions of Employees in Aided Colleges of Education, Teachers Training Institutions) Act, 2014 (for short 'the Act') is being questioned in these petitions. Sri G. Janardhana, learned Counsel for petitioners submits that in W.P. No. 21216 of 2014 and other connected petitions, wherein the validity of the said Act was questioned, this Court, by its order dated 10-7-2015 struck it down holding that it is violative of Article 14 of the Constitution of India. 2. The respondents are in no position to dispute the same. The issues raised in these petitions are no more res integra. They are fully covered by the order passed by this Court, dated 10-7-2015 in W.P. No. 21216 of 2014 and other connected petitions. Following the said decision, I allow these petitions by passing the following order: The Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other Benefits) Act, 2014 (Karnataka Act No. 7 of 2014) is hereby struck down as ultra vires of Constitution of India as it is opposed to Article 14 of the Constitution of India and also encroaches upon the judicial powers of the Courts as discussed hereinabove. Respondent-State shall continue to pay salary or pension as the case may be, to petitioners and similarly placed persons as was being paid pursuant to its earlier orders or in other words, as it was being paid prior to impugned enactment. OR Respondent-State shall comply with the directions already issued by this Court extending the monetary benefits and treating the petitioners working in Private Aided Educational Institutions on par with the employees working in the Government Institutions. In the event of respondent-State having recovered any amount's pursuant to the impugned enactment, the same is/are hereby ordered to be refunded to the respective petitioner's by the State expeditiously, at any rate within eight weeks from the date of receipt of certified copy of this order. No order as to costs.