IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23rd DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE R DEVDAS WRIT PETITION NOs.54040-54042 OF 2016 (S-RES) BETWEEN 1. K RAMANNA GOWDA RET. HEAD MASTER AGED ABOUT 62 YEARS, SRI BALASUBRAHMNYA AIDED HIGH PRIMARY SCHOOL, SULYAPADAVU PUTTUR S/O LATE A SHEENAPPA GOWDA R/A BASAVAHITHLU HOUSE PADUVANNUR VILLAGE SULYAPADAVU POST PUTTUR DK-671543 2. SRI VISHNU BHAT K M S/O SUBRAHMANYA BHAT K RET. II DIVISIONAL CLERK SARVODAYA HIGH SCHOOL SULYAPADAVU PUTTUR AGE ABOUT 62 YEARS R/A KAYARPADAVU HOUSE NETTANIGE VILLAGE AND POST PUTTUR, DK-671543 3. SMT SUSHEELA P W/O LATE RAGHURAM M AGED ABOUT 61 YEARS RET. TEACHER MOGAVEERA AIDED HIGH PRIMARY SCHOOL ULLALA, ULLALA POST MANGALORE TALUK-574313 R/A VISHWA MANSION OPP. MOGAVEERA HR. PRY SCHOOL MOGAVEERAPATNA ULLALA, D.K-575020 (BY SRI O SHIVARAMA BHAT, ADVOCATE ) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY TO GOVERNMENT (PRIMARY) DEPARTMENT OF EDUCATION, M S BUILDING BANGALORE-560001 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS IN KARNATAKA NEW PUBLIC OFFICES NRUPATUNGA ROAD, K R CIRCLE BANGALORE-560001 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS FOR ... PETITIONERS PRIMARY EDUCATION IN THE STATE OF KARNATAKA OFFICE OF THE COMMISSIONER FOR PUBLIC INSTRUCTIONS IN KARNATAKA NEW PUBLIC OFFICES NRUPATUNGA ROAD, K R CIRCLE BANGALORE-560001 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, DK MANGALORE 575001 5. THE BLOCK EDUCATIONAL OFFICER PUTTUR DK 671543 ... RESPONDENTS (BY SRI SRIDHAR N HEGDE, HCGP) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER DTD:6.7.2016 ISSUED BY THE R-1 VIDE ANENXURE-A AND EXTEND THE 5 TO 8 STAGNATION INCREMENT TO THE PETITIONERS FROM 1.4.2012 RETROSPECTIVELY INSTEAD OF WITH EFFECT FROM 6.7.2016 PROPSPECTIVELY AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The grievance of the petitioners, who are retired Teachers of Private Aided Schools, is that while the teachers of the Government Schools were given the benefit of five stagnation increments in terms of the notification bearing No.FD 3 SRP 96 dated 18.03.1996, with effect from 01.04.1996, the benefit, though extended to the Teachers of Private Aided Schools, however, is curtailed to have effect from 25.06.1998.
2. Learned Counsel for the petitioner submits that right from the year 1956-57, whenever the State Government revised the pay scales, emoluments and other benefits such as Dearness Allowances, House Rent Allowances etc., to Teachers working in Government Schools, such benefits have also been extended to Teachers working in Private Aided institutions. However, in the implementation of similar benefits vide notification dated 18.03.1996, the State Government has shown a disparity in extending the benefit to teachers of Private Aided Institutions from 25.06.1998, while the same benefit was extended to the Government Teachers from 01.04.1996.
3. Learned Counsel draws the attention of this Court to a decision of the Division Bench where the State Government had preferred an intra-Court appeal assailing order dated 08.02.2011 passed by a co-ordinate Bench of this Court, directing the State Government to extend the benefit of grant of five stagnation increments to the petitioners therein, with effect from 01.04.1996. The Hon’ble Division Bench, by order dated 11.11.2011, upheld the order passed by the co-ordinate Bench and dismissed the appeals filed by the State Government. The learned Counsel further submits that consequent to the decision of the Division Bench, the benefit of five stagnation increments have been given by the respondent-State Government to the petitioners in W.P.No.7935-7947/2010 and therefore, it is prayed that these petitions be allowed in similar terms.
4. The learned HCGP, Sri Sridhar N.Hegde, fairly submits that he has no instructions as to whether the benefit was extended by the State Government consequent to the order dated 11.11.2011 passed by the Hon’ble Division Bench in W.A.No.16391/2011 and connected matters.
5. Having heard the learned Counsel and the learned HCGP, there can be no hesitation to hold that the issue raised herein has already been answered by the Hon’ble Division Bench in W.A.No.16391/2011 and connected matters by order dated 11.11.2011.
6. Therefore, the petitions are allowed and the respondents are hereby directed to extend the stagnation increments from 01.04.1996, as was given to the Government Teachers vide notification bearing No.FD 3 SRP 96 dated 18.03.1996. The respondents are directed to comply with the directions issued herein as expeditiously as possible and at any rate within a period of three months from the date of receipt of a certified copy of this order.
JT/-
SD/- JUDGE