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.15573-15584 OF 2019 (S-RES) BETWEEN 1. SRI. D. PARASHURAMAPPA S/O. DASAPPA, AGED ABOUT 69 YEARS, OCC: RETD. ASSISTANT TEACHER, WORKED AT KALPATARU COMPOSITE P.U. COLLEGE, (HIGH SCHOOL SECTION), KITTADAL, HOSADURGA TALUK, CHITRADURGA DISTRICT-577 533.
2. SRI. B. C. SHIVALINGAPPA S/O. CHANNABASAPPA. B, AGED ABOUT 68 YEARS, OCC: RETD. ASSISTANT TEACHER, WORKED AT KALPATARU COMPOSITE P.U. COLLEGE, (HIGH SCHOOL SECTION), KITTADAL, HOSADURGA TALUK, CHITRADURGA DISTRICT-577 533.
3. SRI. P. PARAMASHIVAPPA S/O. PAVADAPPA, AGED ABOUT 70 YEARS, OCC: RETD. HEAD MASTER, WORKED AT KALPATARU COMPOSITE P.U. COLLEGE, (HIGH SCHOOL SECTION), KITTADAL, HOSADURGA TALUK, CHITRADURGA DISTRICT-577 533.
4. SRI. K. VEERUPAKSHAPPA S/O. KALLAPPA, AGED ABOUT 69 YEARS, OCC: RETD. ASSISTANT TEACHER, WORKED AT KALPATARU COMPOSITE P.U. COLLEGE, (HIGH SCHOOL SECTION), KITTADAL, HOSADURGA TALUK, CHITRADURGA DISTRICT-577 533.
5. SRI. H. S. DHARMAPRAKASHAMURTHY S/O. SIDDAPPA SHETTY, AGED ABOUT 68 YEARS, OCC: RETD. ASSISTANT TEACHER, WORKED AT KALPATARU COMPOSITE P.U. COLLEGE, (HIGH SCHOOL SECTION), KITTADAL, HOSADURGA TALUK, CHITRADURGA DISTRICT-577 533.
6. SRI. E. DEVARAJAPPA S/O. ESHWARAPPA, AGED ABOUT 73 YEARS, OCC: RETD. P.E. TEACHER, WORKED AT KALPATARU COMPOSITE P.U. COLLEGE, (HIGH SCHOOL SECTION), KITTADAL, HOSADURGA TALUK, CHITRADURGA DISTRICT-577 533.
7. SRI. B. S. NANJUNDASWAMY S/O. SHIVARUDRAIAH. B. M., AGED ABOUT 63 YEARS, OCC: RETD. CLERK S.D.A., WORKED AT KALPATARU COMPOSITE P.U. COLLEGE, (HIGH SCHOOL SECTION), KITTADAL, HOSADURGA TALUK, CHITRADURGA DISTRICT-577 533.
8. SRI. B. RAMAKRISHNAPPA S/O. BHEEMAIAH, AGED ABOUT 64 YEARS, OCC: RETD. ATTENDER, WORKED AT KALPATARU COMPOSITE P.U. COLLEGE, (HIGH SCHOOL SECTION), KITTADAL, HOSADURGA TALUK, CHITRADURGA DISTRICT-577 533.
9. SRI. D. R. NAGESHAPPA S/O. RAMAIAH. D, AGED ABOUT 67 YEARS, OCC: RETD. HEAD MASTER, WORKED AT GAVI RANGANATHA HIGH SCHOOL, HOSADURGA TALUK, CHITRADURGA DISTRICT.
10. SRI. T. M. LINGARAJU S/O. T. B. MAHESHWARAPPA, AGED ABOUT 63 YEARS, OCC: RETD. ASSISTANT TEACHER, WORKED AT BALLALASAMUDRA HIGH SCHOOL, BALLALASAMUDRA, HOSADURGA TALUK, CHITRADURGA DISTRICT.
11. SRI. P. L. LOKESHWARA S/O. P. LAKSHMANAPPA, AGED ABOUT 65 YEARS, OCC: RETD PRINCIPAL, WORKED AT BALIGONDUGURI, PRE UNIVERSITY COLLEGE, HOSADURGA TOWN, CHITRADURGA DISTRICT.
12. SRI. THYAGARAJAPPA. V S/O. VIGNESWARAPPA, AGED ABOUT 62 YEARS, OCC: RETD LECTURER IN ECONOMICS, WORKED AT KALPATARU COMPOSITE PRE-UNIVERSITY COLLEGE, KITTADAL, HOSADURGA TALUK, CHITRADURGA DISTRICT-577 533.
(BY SMT NIRUPAMA K A, ADVOCATE FOR SRI MARUTHI G B, ADVOCATE) AND 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF PRIMARY & SECONDARY EDUCATION, MULTISTORIED BUILDING, VIDHANA VEEDHI, BANGALORE-560 001.
2. THE DIRECTOR PRE-UNIVERSITY EDUCATION, 18TH CROSS, MALLESWARAM, BENGALURU-560 018.
3. THE DEPUTY DIRECTOR PRE-UNIVERSITY EDUCATION DEPARTMENT, CHITRADURGA DISTRICT-577 501.
4. THE COMMISSIONER DEPARTMENT OF PRIMARY EDUCATION, NRUPATHUNGA ROAD, BANGALORE-560 001.
5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS ADMINISTRATION, DEPARTMENT OF PUBLIC INSTRUCTIONS, CHITRADURGA-577 501.
6. THE BLOCK EDUCATION OFFICER HOSADURGA, CHITRADURGA (DIST)-577 533. (BY SMT. M.S. PRATHIMA, AGA) ... PETITIONERS ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO EXTEND THE BENEFIT OF ONE ADDITIONAL INCREMENT TO THE PETITIONERS BY ALLOWING THE WRIT PETITION IN TERMS OF THE HON'BLE COURT BY ITS ORDER DATED 28.11.2018 PASSED IN W.P.NO.58694-58703/2014 VIDE ANNEXURE-O AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
The petitioners are teaching and non-teaching staffs of various Private Aided Educational Institutions (Regd.) and most of the petitioners have retired from service. The managements had appointed the petitioners after following due procedure as prescribed for selection and appointment to their respective posts and later their appointments have been duly approved with aid by the Department of Education. The grievance of the petitioners is common, in as much as they were denied one additional increment which they were entitled to, having passed Kannada Language Examination as required under the Karnataka Civil Services (Service and Kannada Language Examinations) Rules, 1974 (hereinafter referred to as ‘the 1974 Rules’ for short).
2. Learned counsel for the petitioners submits that petitioners are entitled to one additional increment in terms of Rule 6 of the 1974 Rules and the same is fortified by a judgment of this Court in Writ Petition Nos.58694 - 58703/2014, which was decided on 28.11.2018.
3. The very same question fell for consideration before the Division Bench of this Court in the case of Jayanna and others Vs. High Court of Karnataka and another, in Writ Petition No.41542/2003, which was decided on 08.11.2010. In the said matter, similar to the case on hand, the petitioners had indeed passed or deemed to have passed the Kannada Language Examination prescribed under the 1974 Rules, for entitlement of one increment under Rule 6 thereof. The only question that arose for consideration was whether having acquired the aforesaid qualification, the petitioners were entitled to the benefit of the said increment.
4. Relying on the Rules 3 and 6 of the 1974 Rules, it was held that both in Rule 3(1) as also Rule 6 of the 1974 Rules, the term ‘prescribed qualification’ has been qualified with the words ‘if any’, as such, in the absence of any prescribed qualification, it would not be essential for an employee to pass any such examination before he becomes entitled to the additional increment contemplated under Rule 6 of the 1974 Rules. It was therefore held that if there is no prescribed examination for any post in the service of the Government, an employee would be entitled to an additional increment, merely for having passed the Kannada Language Examination. Since all the petitioners therein had admittedly passed or deemed to have passed, the Kannada Language Examination stipulated under the 1974 Rules, for entitlement to the aforesaid increment, the claim of the petitioners under Rule 6 of the 1974 Rules was held to be fully justified.
5. In the light of the above, the petitioners are permitted to make a representation to the competent authority and respondents are directed to consider such representation and pass orders in terms of the directions issued by the Division Bench of this Court in the case of Jayanna and others Vs. High Court of Karnataka and another (supra). The respondents are directed to calculate and pay the petitioners one additional increment in terms of their entitlement under Rule 6 of the 1974 Rules, for the duration the same was available to the employees under the 1974 Rules. Payments due to the petitioners shall be released to them within a period of three months from the date of representation made by the petitioners.
Accordingly, these writ petitions are allowed.
KLY/ SD/- JUDGE