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2025 DAILYLAW 82489 (KAR)

SRI. G B SAJJAN v. THE STATE OF KARNATAKA

WP/2467/2021 · 2025-08-29

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33522 WP No. 2467 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2467 OF 2021 (S-R) BETWEEN: SRI. G B SAJJAN S/O SRI BASAPPA GURAPPA SAJJAN AGED ABOUT 66 YEARS RETIRED ASSOCIATE PROFESSOR H K E S SRI VEERANDRA PATIL DEGREE COLLEGE SADASHIVANAGARA, BENGALURU - 560008 R/AT NO 411 8TH CROSS PEN FIELD GARDEN TELECOM LAYOUT, JAKKUR POST BENGALURU - 560004. …PETITIONER (BY SRI. PADMANABHA R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF LAW AND PARLIAMENTARY AFFAIRS VIDHANA SOUDHA BANGALORE-560001. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M S BUILDING BANGALORE-560001. 3. THE COMMISSIONER COLLEGIATE EDUCATION FOR DEPARTMENT PALACE ROAD BANGALORE-560009. 4. THE DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33522 WP No. 2467 of 2021 KALIDASA ROAD BENGALURU - 560001. 5. THE REGIONAL JOINT DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION KALIDASA ROAD, BENGALURU - 560009. 6. THE ACCOUNTANT GENERAL IN KARNATAKA A AND E PARK HOUSE BENGALURU - 560001 …RESPONDENTS (BY SRI.B J. ESWARAPPA, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER BENEFITS) ACT 2014 (KARNATAKA ACT NO.7/2014) AS ULTRAVIRES OF THE CONSTITUTION AND STRUCK DOWN THE SAME VIDE ANNEXURE-H AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has sought for a declaration that the Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and Other Benefits) Act, 2014 (hereinafter referred to as ‘the Act’ for short) is ultravires of the Constitution and to strike down the same. - 3 - HC-KAR NC: 2025:KHC:33522 WP No. 2467 of 2021 2. Learned counsel appearing for the petitioner has submitted that the said Act has been held unconstitutional by this Court in W.P.No.21216/2014 and connected matters, disposed of on 10.07.2015. Following the said order, the co-ordinate bench of this Court in W.P.Nos.4326-4356/2015 and connected matters, disposed of the same on 27.07.2015 in terms of the order passed in W.P.No.21216/2014. 3. Learned counsel appearing for the State has submitted that, being aggrieved by the order passed in W.P.No.21216/2014 and connected matters disposed of on 10.07.2015, the petitioners therein have challenged the same by filing W.A.No.2476/2015 and connected matters before the Division Bench and the same is pending consideration. 4. In view of the above, since the writ appeals are pending before the Division Bench, the present writ petition is disposed of in terms of the order passed in - 4 - HC-KAR NC: 2025:KHC:33522 WP No. 2467 of 2021 W.P.No.21216/2014. However, the same shall be subject to the result of W.A.No.2476/2015 and connected matters. All pending I.As. in this writ petition, if any, are dismissed accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 28