K.Laxminarayan Rao vs State Of Karnataka
2021 Latest Caselaw 4020 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 12TH DAY OF NOVEMBER 2021

                          PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                            AND

     THE HON'BLE MR.JUSTICE ANANT RAMANATH HEGDE

              W.A. NO.1145 OF 2021 (S-RES)
                           IN
              W.P.No.29323 OF 2017 (S-RES)


BETWEEN:

K. LAXMINARAYAN RAO
AGED ABOUT 85 YEARS
RETD. HEAD MASTER
KOTE VILLAGE, KATAPADI - 574 105.
                                             ... APPELLANT
(BY MR. SAMPAT ANAND SHETTY, ADV.,)


AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF EDUCATION
       M.S. BUILDING, BANGALORE - 560 001.

2.     THE BLOCK EDUCATION OFFICER
       UDUPI TALUK,
       UDUPI - 576 101.

3.     DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
       UDUPI - 576 101.
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4.   THE COMMISSIONER FOR PUBLIC INSTRUCTIONS
     NRUPATHUNGA ROAD
     K.R.CIRCLE, BANGALORE - 560 001.

5.   THE ACCOUNTANT GENERAL
     IN KARNATAKA
     (ENTITLEMENT AND ACCOUNTS)
     PARK HOUSE, BANGALORE - 560 001.
                                           ... RESPONDENTS
(BY MR. G.V. SHASHI KUMAR, AGA)
                            ---

      THIS W.A. IS FILED U/S 4 OF THE KARNATAKA HIGH COURT
ACT PRAYING TO CALL FOR RECORDS PERTAINING TO WRIT
PETITION NO.29323/2017 (S-RES). CONSEQUENTLY SET ASIDE
THE ORDER DATED 23.08.2021 PASSED BY THE LEARNED SINGLE
JUDGE IN W.P. NO. 29323/2017(S-RES) IN SO FAR AS IT RELATES
TO THE DIRECTION TO THE APPELLANT TO APPROACH THE
RESPONDENTS 3 AND 4 WITH A FRESH REPRESENTATION & ETC.

     THIS W.A. COMING ON FOR ORDERS,             THIS   DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                           JUDGMENT

Mr.Sampat Anand Shetty, learned counsel for the

appellant.

Mr.G.V.Shashi Kumar, learned Additional Government

Advocate for the respondents.

In this intra Court appeal, the appellant has assailed

the validity of the order dated 23.08.2021 passed by the

learned Single Judge by which the writ petition preferred by

the appellant has been disposed of with liberty to the

appellant to submit a representation with regard to his claim

for grant of additional increment for having passed Kannada

examination.

2. We have heard the learned counsel for the parties.

It is not in dispute that the entitlement of the teachers of

Educational Institutions for grant of one additional increment

for having passed Kannada examination has already been

adjudicated by a Bench of this Court by order dated

10.08.2012 passed in W.P.Nos.19846-20413/2012. It is also

not in dispute that the State Government has given effect to

the aforesaid order passed by a Bench of this Court.

3. In view of the fact that the entitlement of the

appellant for grant of an additional increment for having

passed the Kannada examination is not in dispute, we deem

it appropriate to direct the respondents to accord the

aforesaid benefit to the appellant within a period of four

months from the date of receipt of certified copy of the order

passed today.

To the aforesaid extent, the order passed by the

learned Single Judge dated 23.08.2021 is modified.

In the result, the appeal is disposed of.

4. In view of the disposal of the appeal, the pending

interlocutory application does not survive for consideration

and is accordingly disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

RV