Karnataka High Court
The State Of Karnataka vs Sri Munawer Pasha on 21 March, 2022
Bench: G.Narendar, M.G.S. Kamal
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21st DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR.JUSTICE G.NARENDAR
AND
THE HON'BLE MR.JUSTICE M.G.S.KAMAL
WRIT PETITION NO.21606/2021 (S-KSAT)
BETWEEN:
1. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY
(PRIMARY & SECONDARY),
DEPT. OF EDUCATION,
M.S.BUILDING,
BENGALURU-560 001.
2. THE BLOCK EDUCATIONAL OFFICER,
CHANNARAYAPATTANA-573 116,
HASSAN DISTRICT.
3. THE PRINCIPAL ACCOUNTANT GENERAL (A & E),
P.B.No.5329, PARK HOUSE ROAD,
BENGALURU-560 001.
....PETITIONERS
(BY SRI.B.RAJENDRA PRASAD, HCGP)
AND:
SRI.MUNAWER PASHA,
S/O.MAHAMED YOUSUFF.C,
AGED ABOUT 67 YEARS,
RTD.TEACHER, R/O.M.G.HOUSE,
BEHIND DODDA MASJID,
2
MEGALKERI BADAVANE,
C.R.PATNA, HASSAN-573 116.
....RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS IN APPLICATION NO.5224/2018 ON THE FILE OF THE
HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL, BANGALORE
AS PER ANNEXURE-A & SET ASIDE THE IMPUGNED ORDER
DT.19.12.2019 IN APPLICATION NO.4936 AND 5224/2018 PASSED
BY THE HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL,
BANGALORE AS PER ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, M.G.S.KAMAL J, MADE THE FOLLOWING:
ORDER
WP NO.21606/2021 is filed seeking issue of writ of
certiorari setting aside the order dated 09.12.2019 passed in
Application No.5224/2018 on the file of the Karnataka State
Administrative Tribunal, in and by which, the Tribunal while
allowing the application filed by the respondent herein
quashed the letter dated 12.07.2005 and directed the
petitioners herein to consider the representation dated
15.03.2018 of the respondent and to pass appropriate orders
sanctioning one additional increment for having passed
Kannada language examination under Rule 6 of the
Karnataka Civil Services (Service and Kannada Language
Examination) Rules, 1974 (hereinafter referred to as 'the
Rules') and to grant all consequential benefits within a period
of four months from the date of the order.
2. Brief facts leading upto filing of the present writ
petition are that:
Respondent herein had filed the above application
before the Tribunal contending inter alia that he had been
appointed as Urdu Primary School Teacher before 1965 and
he had retired on his superannuation. That the respondent
had passed Kannada language examination between
10.01.1974 to 03.09.1987 conducted by KPSC in the year
1978. That the respondent having passed the Kannada
language examination, was entitled for grant of one
increment. Therefore, he made representation to the
Petitioner No.2 herein for grant of one increment under Rule
6 of the Rules which provided that every Government
Servant would be entitled to one additional increment in the
time-scale pay if he passed the Kannada language
examination and other prescribed examination. That the said
benefit of grant of additional increment to the Government
servant was withdrawn with effect from 03.09.1987. That
Government had issued Circular dated 03.11.2001 pursuant
to the order of this Court dated 13.10.1995 passed in Writ
Petition Nos.12291-12298/1985 for grant of increment to
such persons who were in service between the period from
10.01.1974 to 03.09.1987 and who had passed the Kannada
language examination as required under aforesaid Rule 6 of
the Rules. As such, the respondent who was in service at the
relevant time was entitled for additional increment and the
same was not provided. Respondent being entitled for the
said benefit even according to the Circular dated 03.11.2001
with all consequential benefits including arrears of salary and
fixation of pension, made representation on 15.03.2018.
Aggrieved by the inaction on the part of the petitioner in
considering the representation, the respondent filed the
above application before the Tribunal.
3. The Tribunal, taking into consideration the order of
this Court dated 13.10.1995 passed in Writ Petition
Nos.12291-298/1985 and so also the decision of the Tribunal
in Application No.5621/2006 and Application No.2239/2008
clubbed with 3450/2008 and 3717/2008 disposed of on
17.07.2009, held that the respondent herein having passed
the Kannada language examination, was entitled for one
additional increment and accordingly, allowed the application
with the aforesaid direction. Being aggrieved by the same,
the petitioners are before this Court by way of this writ
petition.
4. Sri.B.Rajendra Prasad, learned HCGP reiterating the
grounds urged in the petition submitted that the order
passed by the Tribunal was one without reasons. Mere
mentioning of the Judgment of this Court and the order of
the Tribunal would not justify passing of the order directing
consideration of representation of the respondent for giving
increment. That the notification dated 12.07.2005 issued by
the Government specifically excludes the cases similar to that
of the respondents from being granted an additional
increment. Hence, seeks for allowing of the petition.
5. Heard the learned counsel for the parties. Perused
the records.
6. It is not in dispute that the respondent who was
appointed as a Urdu Primary School Teacher had passed
Kannada language examination between 10.01.1974 to
02.09.1987 conducted by the KPSC in the year 1978. As
such, as per Rule 6 of the Rules, every Government Servant
would be entitled to one additional increment in his time-
scale of pay if he had passed Kannada language examination.
It is also not in dispute that though the said rule was omitted
with effect from 03.09.1987, pursuant to the orders passed
by this Court in Writ Petition No.12291-298/1985 disposed of
on 13.10.1995, the Government had issued a Circular dated
01.10.1985 provided clarification to the effect that all
Government servants who had passed Kannada language
examination during the period from 10.01.1974 to
02.09.1997 were entitled for benefit of one additional
increment. The said circular is placed at Annexure-A3.
Learned HCGP does not dispute the same.
7. In that view of the matter, the order passed by the
Tribunal with specific reference to aforesaid Circular holding
the respondent herein (applicant before the Tribunal) to be
entitled for one additional increment having passed Kannada
language as required under the then Rule 6 does not warrant
interference. No grounds are made out. Petition lacks
merits.
8. Hence, the following:
ORDER
Writ Petition No.21606/2021 is dismissed. Order dated
09.12.2019 passed by the Tribunal in Application
No.5224/2018 is confirmed. Petitioners to consider the
representation of the respondent in terms of the order
passed by the Tribunal within two months from the date of
receipt of the certified copy of this order.
Sd/-
JUDGE
Sd/-
JUDGE
bnv
