Bengaluru: Justice Aravind Kumar delivered a verdict on Friday to strike down the Karnataka Private Aided Educational Institution Employees (Regulation of Pay, Pension and Other Benefits) Act, 2014 as unconstitutional.

The High Court noted that the Act encroaches on the powers of the courts and that has come as a big relief to the teaching and non-teaching staff working in various aided institutions across the state.

“Neither the legislature nor the executive has the power to simply declare a decision of the Apex Court as invalid or not binding,” Justice Kumar said.

By bringing in this Act, the non-grant period was excluded for the purpose of seniority, fixing of pay scale, etc., while making the Act effective retrospectively from June 1, 1995. Hence, the petitioners are said to have approached the High Court. They contended that the legislation was brought about only to overcome the decisions of the High Court and the Supreme Court.

Justice Kumar said that there was discrimination between those working in aided and government institutions. Hence, the authorities should continue the benefits granted to them based on earlier verdicts and not discontinue any of them, he ordered.