Sri H R Mallikarjunappa vs The State Of Karnataka on 1 December, 2020

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Karnataka High Court

Sri H R Mallikarjunappa vs The State Of Karnataka on 1 December, 2020

Bench: P.B. Bajanthri

                          1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 1ST DAY OF DECEMBER 2020

                        BEFORE

         THE HON'BLE MR.JUSTICE P.B. BAJANTHRI

         WRIT PETITION NO.53486/2014 (S-RES)

BETWEEN:


1.     SRI H.R. MALLIKARJUNAPPA
       S/O REVANNASIDDAPPA H M
       AGED ABOUT 51 YEARS
       OCC: ASSISTANT TEACHER.

2.     SRI K.G. BASAVANA GOWDA
       S/O K.G. MURIGENDRAPPA
       AGED ABOUT 50 YEARS
       OCC: ASSISTANT TEACHER.

       PETITIONERS NO.1 AND 2 ARE WORKING AT
       SRI MYLARALINGESWARA HIGH SCHOOL
       DEVARABELAKERE
       HARIHARA (TALUK)
       DAVANAGERE (DISTRICT).

3.     SRI B. CHANNABASAPPA
       S/O G.B. BASAPPA
       AGED ABOUT 55 YEARS
       OCC: P.E. TEACHER

4.     SRI C.R. MARULAPPA
       S/O REVANASIDDAPPA
       AGED ABOUT 53 YEARS
       OCC: HEAD MASTER

       PETITIONER NOS.3 AND 4 ARE
       WORKING AT: SRI MALLIKARJUNA SWAMY
                           2



       RURAL HIGH SCHOOL, SHYAGALE
       DAVANAGERE (TALUK) AND (DISTRICT).

5.     SMT. G.S. SUBHADRAMMA
       D/O G. SIDDARAMAPPA
       AGED ABOUT 59 YEARS
       OCC: HEAD MASTER, WORKING AT
       SRI H. SIDDAVEERAPPA HIGH SCHOOL
       KANDAGAL (POST)
       DAVANAGERE (TALUK) AND (DISTRICT).
                                      ...PETITIONERS

(BY SRI MARUTHI G.B., ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       BY ITS SECRETARY
       DEPARTMENT OF PRIMARY EDUCATION
       MULTISTORIED BUILDING
       VIDHANA VEEDHI
       BANGALORE-560 001.

2.     THE COMMISSIONER
       DEPARTMENT OF PRIMARY EDUCATION
       NRUPATHUNGA ROAD
       BANGALORE-560 001.

3.     THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
       ADMINISTRATION
       DEPARTMENT OF PUBLIC INSTRUCTIONS
       DAVANAGERE-577 001.

4.     THE BLOCK EDUCATION OFFICER
       DAVANAGERE (SOUTH)
       DAVANAGERE (DISTRICT)-577 001.

5.     THE BLOCK EDUCATION OFFICER
       HARIHARA
       DAVANAGERE (DISTRICT)-577 001.
                                        ...RESPONDENTS
                                3




(BY SRI V. SREENIDHI, AGA)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 TO 5 FOR EXTEND THE BENEFIT OF ONE
ADDITIONAL INCREMENT TO THE PETITIONERS FOR
HAVING PASSED THE KANNADA LANGUAGE EXAMINATION
IN S.S.L.C. UNDER THE KARNATAKA CIVIL SERVICES
(KANNADA LANGUAGE EXMINATION) RULES 1974 ALONG
WITH REVISION OF PAY, ARREARS AND INTEREST
THEREON AND ETC.

    THIS WRIT PETITION COMING ON FOR FURTHER
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-

                               ORDER

In the instant petition, petitioner has sought for the following reliefs:-

a) Issue Writ of Mandamus directing the Respondents No.1 to 5 for extend the benefit of one additional increment to the Petitioners for having passed the Kannada Language Examination in S.S.L.C. under the Karnataka Civil Services (Kannada Language Examination) Rules 1974 along with revision of pay, arrears and interest thereon and, 4

b) Issue a direction to the respondents to settle all the service benefits by re-fixing the pay and the pension on extending the benefit of one additional increment as per the prayer to above in respect of the petitioners along with the arrears and interest and to pass appropriate suitable orders, in the interest of justice and equity;

c) Issue Writ of Mandamus Direction to the Respondents to consider the claim of the petitioners in accordance with the similar order dated: 28/08/2013 in W.A.No.2779 & 4869-

5434/2013 (S-Res) passed by the Learned Single Judge as per the representations dated 10/10/2014 and 14/10/2014 produced at Annexure-F to F5;

d) Issue any other incidental and consequential reliefs as deemed fit under the facts and circumstances of the case and in aid of the main relief sought for, in the interest of justice and equity.

2. Learned counsel for the petitioners submits that petitioners are entitled for benefit of one additional increment on account of passing Kannada Language Examination. They have stated to have passed one of the Kannada Subject in S.S.L.C. examination as a language.

3. State Government issued notification dated 13.08.2014 by which Government amended the Karnataka Education Act, 1983 vide Karnataka Ordinance No.1 of 2014, where by denied the additional increment payable to the employees working in Aided Educational Institutions on par with employees working in the Government Schools. Such amendment was a subject matter litigation in W.P.Nos.101965- 101969/2015, wherein the relevant portion has been struck down. In effect, petitioners were entitled for benefit of one additional increment with reference to passing of Kannada Language as one of the subject in 6 S.S.L.C. under the Karnataka Civil Services (Kannada Language Examination) Rules, 1974. If Rules, 1974 are applicable to the aided institutions, the same shall be taken note of while redressing the petitioner claim in the present petition.

4. In view of these factual aspects, concerned respondents are hereby directed to take note of the grievance of the petitioners and redress the same within a period of three (3) months from the date of receipt of copy of this order. Such decision shall be communicated to the petitioner at the earliest.

With the above observations, writ petition stands disposed of.

Sd/-

JUDGE HR

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