IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2017 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.9691/2015(S-RES) BETWEEN:
SMT. K. R. GAYATHRI DEVI, W/O A. N. SATHYANARAYANA, AGED ABOUT 64 YEARS, RETIRED AS ASSISTANT TEACHER, RESIDING AT NO.10, 6TH ‘B’ MAIN ROAD, BEHIND KUMARAN CHILDREN’S SCHOOL, TATA SILK FARM, BANGALORE-560028.
... PETITIONER (BY SRI RAJASHEKAR HEGDE, ADVOCATE FOR SRI CHANDRAKANTH R GOULAY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF EDUCATION, (PRIMARY & MIDDLE SCHOOL), M. S. BUILDING, BANGALORE-560001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BANGALORE-560001.
3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (NORTH) BANGALORE.
4. THE ACCOUNTANT GENERAL P. B. NO.5329 PARK HOUSE ROAD, BANGALORE-560001.
5. VANI EDUCATION SOCIETY BY ITS SECRETARY NO.99, BULL TEMPLE ROAD, BANGALORE-560019.
R5 DELETED AS PER COURT ORDER DT.28.6.2017 ... RESPONDENTS (BY SRI Y.D. HARSHA, AGA FOR R1-R4;
VIDE ORDER DATED 28.06.2017 R5 IS DELETED) **** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTs TO RELEASE SALARY FROM 1ST JUNE 2006 TO 30TH JULY 2007 FOR A PERIOD OF 18 MONTHS AS PER GOVERNMENT ORDER DATED 23.6.2008 AS PER ANNEXURE-E AND TO EXTEND THE BENEFIT OF GRANT OF TWO ADDITIOANL INCREMENTS FOR POSSESSING HIGHER QUALIFICATION OF DEGREE AS PER GOVERNMENT ORDER DATED 24TH MAY 1977 VIDE ANNEXURE-J.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R A retired Assistant Teacher is before this Court for a writ of mandamus directing the respondents to release her salary from 1st June 2006 to 30th July 2007 for a period of 18 months as per Government Order No.ED 104 PMC 2008 dated 23.6.2008 vide Annexure-E and also for a direction to respondent Nos.1 to 4 to extend the benefit of grant of two advance increments for possessing higher qualification of degree as per Government Order dated 24th May 1977 vide Annexure-J and in terms of the order passed by this Court dated 29th September 1994 in W.P. No.10656- 10657,10658/94.
2. It is the case of the petitioner that she was appointed as Assistant Teacher in Vani Primary School, which was an aided school in Bangalore in the year 1972. She has worked in different aided schools in and around Bangalore. She was transferred to Sri Srinivasa Higher Primary School, Banashankari 3rd Stage, Bangalore South-II school w.e.f 6.6.2001. She was found to be excess in the said school. However she continued to work in the said school from 1.1.2006 to 28.6.2007 and thereafter she was transferred on counseling to Kumaraswamy Vidya Mandira Higher Primary School by an order dated 28.6.2007. She has drawn pay on account service in the said school from 1.7.2007 and she has worked in the said school from 28.6.2007 to 31.3.2008, on which date she attained superannuation and retired accordingly.
3. It is further case of the petitioner that she has not been paid salary for having worked at Sreenivasa Higher Primary school for the period from 1st January 2006 to 30th June 2007 since she was found to be excess teacher in the said school. The State Government counseled such excess teachers like the petitioner and posted them to different schools where vacancies are available and by Government Order dated 23.6.2008 vide Annexure-E directed to release salary for such excess teachers.
4. It is further case of the petitioner that as per the Government Order dated 24th May 1977, she is entitled for grant of two advance increments for possessing higher qualification of Degree. She further contended that this Court by an order dated 29.9.1994 made in Writ Petition No.10656-58/1994 held that the teachers like the petitioner are entitled for the benefit of the Government Order. The same was upheld by the Division Bench of this Court in Writ Appeal No.2660-2662/1995. Therefore he has approached the concerned authority for the said benefits in terms of the Government Order stated supra and the authorities have not considered the same and therefore atlast the petitioner made representation on 26.2.2015 as per Annexure-Q. The same has not been considered till today. Therefore petitioner is before this Court for the reliefs sought for.
5. Learned Government Advocate resisted the claim made by the petitioner in the writ petition.
6. Having heard the learned counsel for the parties, it is clear that the petitioner was appointed as Assistant Teacher w.e.f 16.6.1972 and she has worked in various High Schools in view of the transfer orders made by the competent authority from time to time and ultimately she has worked at Kumaraswamy Vidya Mandira from 28.6.2007 to 31.3.2008, on which date she attained superannuation and retired from the service. It is the case of the petitioner that she has not been paid salary for the period from 1.1.2006 to 30.6.2007 since she was found to be excess teacher during the said period. According to the petitioner, she is entitled for the salary for the said period as per the Government Order dated 23.6.2008.
7. It is her further case that in terms of the Government Order dated 24.5.1977, she is entitled for two advance increments for having passed Degree examination. She contended that in similar circumstances, this Court allowed Writ Petition Nos.10656-58/1994 and directed the authorities to compute and pay the entire arrears to the concerned teachers.
8. The learned counsel for the petitioner also brought to the notice of this Court the order of the Division Bench of this Court in the case of SHYAMALATHA SINGH .vs. STATE OF KARNATAKA made in Writ Appeal No.1411/2012 dated 11.10.2012. In the said matter, in similar circumstances it was held that if there has been any irregularity committed by any particular educational institution, that matter has to be resolved by the Government with reference to the institution concerned and not the teacher who has diligently discharged the duties.
9. It is not in dispute that the petitioner has worked from 1972 till 2008 more than 36 years at the instance of the respondents in various schools. She made representation to the 1st respondent as per Annexure-Q for the release of salary from 1.1.2006 to 30.6.2007 and for grant of two advance increments for possessing higher qualification of Degree. Till today, the 1st respondent has not considered the said representation nor passed any orders. It is well settled principle of law that when the teacher who worked at the instance of the respondents in various schools made representation that she is entitled to the arrears of salary for a particular period, it is the obligation on the part of the respondents, in particular, the 1st respondent to consider and pass orders. The same has not been done in this case.
10. In view of the admitted facts and the law laid down by this Court stated supra and the Government Orders dated 23.6.2008 vide Annexure-E and another Government Order dated 24.5.1977 vide Annexure-J, the petitioner has made out a case for issue of writ of mandamus directing the respondents to consider the representation of the petitioner for the release of salary from 1.6.2006 to 30.7.2007 and for grant of two advance increments for having passed degree examination.
11. In view of the aforesaid reasons, writ petition is allowed. Writ of mandamus is issued to the respondents to consider the representation of the petitioner as per Annexure-Q dated 26.2.2015 and pass orders in accordance with law in the light of the observations made by this Court in the writ petition and the Government Orders stated supra within three months from the date of receipt of copy of this order.
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JUDGE