Karnataka High Court

The Commissioner And Education ... vs Smt. Mahalakshmi on 6 March, 2025

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 6TH DAY OF MARCH, 2025

                     PRESENT

     THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE

                        AND

         THE HON'BLE MR. JUSTICE M.I.ARUN


        WRIT APPEAL NO.1374 OF 2024 (S-RES)

BETWEEN:


1.    THE COMMISSIONER AND EDUCATION
      SECRETARY
      DEPARTMENT OF HIGHER EDUCATION
      (COLLEGIATE EDUCATION)
      GOVERNMENT OF KARNATAKA
      M.S. BUILDING, 6TH FLOOR
      BANGALORE - 560 001.

2.    THE COMMISSIONER OF COLLEGIATE EDUCATION,
      IN KARNATAKA
      DTE BUILDING, 2ND FLOOR
      PALACE CROSS ROAD
      BANGALORE - 560 001.

3.    JOINT DIRECTOR OF COLLEGIATE EDUCAION
      IN KARNATAKA
      REGIONAL OFFICE
      VINOBHA ROAD, MYSORE - 570 005.

4.    THE PRINCIPAL
      SBRR MAHAJANA FIRST GRADE COLLEGE
      JAYALAKSHMIPURAM
      MYSORE - 570 012.
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5.     OFFICE OF THE ACCOUNTANT GENERAL
       IN KARNATAKA (A AND E)
       PARK HOUSE ROAD
       BANGALORE - 560 001
       REPRESENTED BY PRINCIPAL
       ACCOUNTANT GENERAL (A AND E).


                                    ... APPELLANTS

(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)

AND:


1.     SMT. MAHALAKSHMI
       W/O. SRI S. SUDARSHAN
       AGED ABOUT 70 YEARS
       R/AT NO.7, THIRUVENGADAM
       JAYALAKSHMIPURAM
       MYSORE - 570 012.

                                  ... RESPONDENT

(BY SRI V. SRINIVASA RAGHAVAN, SENIOR ADVOCATE
FOR SRI SAHAN DEVANATHAN, ADVOCATE)

                         ---

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO
ALLOW THE WRIT APPEAL AND SET ASIDE ORDER
DATED 30.10.2023 PASSED BY THE LEARNED SINGLE
JUDGE OF THIS HON'BLE COURT IN W.P.NO.50371/2018
(S-RES), ETC.

    THIS WRIT APPEAL HAVING BEEN HEARD AND
RESERVED, COMING ON FOR PRONOUNCEMENT OF
JUDGMENT, THIS DAY, M.I.ARUN J., DELIVERED THE
FOLLOWING:
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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
       N.V. ANJARIA
       and
       HON'BLE MR. JUSTICE M.I.ARUN

                      CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE M.I.ARUN)

Aggrieved by the order dated 30.10.2023 passed by

learned Single Judge in Writ Petition No.50371 of 2018, the

respondents therein have preferred the writ appeal.

2. The issue in the instant writ appeal pertains to whether

the respondent herein would be entitled to fixation of her pay

scale as per the Government Order bearing No.ED 34 UEC 92,

Bangalore dated 28.01.1995.

3. The respondent herein was serving as a Librarian in

appellant No.4-institution. She is said to have been appointed

on 01.08.1982 and retired on 31.01.2006. Writ Petition

No.50371 of 2018 has been filed by her on the ground that she

is entitled for the benefit of UGC pay scale as contemplated in

the Government Order dated 28.01.1995. The learned Single

Judge on the ground that a librarian who did not have a

Master's Degree was given five years' time by the Government

Order to complete the same in order to avail the benefits under

the said order for her pay fixation and that the petitioner was

informed about the government order on 13.11.1995 and that

the respondent herein obtained the Master's Degree in Library

Science on 20.09.2000, which is within the stipulated period of

five years, has allowed the writ petition and directed the

authorities concerned to extend her the necessary benefits as

per the government order, against which the present appeal is

preferred.

4. It is the case of the appellants that the respondent herein

was required to obtain the Master's Degree in Library Science

within a period of five years from the date of coming into effect

of the government order and not from the date on which she

came to know of the said order. It is submitted that the learned

Single Judge erred in computing the relevant date from the

date on which the respondent herein is said to have come to

know of the government order instead of considering the date

on which the relevant government order came into effect and

compute five years from the said date. It is submitted that the

said government order came to effect from 28.01.1995 and to

avail the benefit of the said order, the respondent herein was

required to obtain the Master's Degree in Library Science on or

before 27.01.2000 and admittedly, she has obtained the

Master's Degree in Library Science on 20.09.2000 and she is

not entitled to the said benefit. On the said ground, it is prayed

that the order of the learned Single Judge be set aside and the

writ petition be dismissed.

5. Per contra, the respondent herein justifies the order of the

learned Single Judge and prays for dismissal of the writ appeal.

6. The only question that arises for consideration in this

appeal is whether the respondent herein is entitled to the

benefit of the government order dated 28.01.1995 under the

given facts and circumstances of the case?

7. The Government Order bearing No.ED 34 UEC 92,

Bangalore dated 28.01.1995 reads as under:

"GOVERNMENT ORDER No. ED 34 UEC 92,

BANGALORE, DATED: 28TH JANUARY 1995

1. In partial modification of Government Order No. ED 34 UEC 92, dated 25.6.93, sanction is hereby accorded to extend the benefit of the revised University Grants Commission scales of pay to the Librarians working in Government as well as Aided First Grade Degree Colleges with effect from 01.01.1986 as contemplated in Government Order No. ED 15 UEC 89, dated 05.04.1991 subject to the fulfilment of the qualifications indicated in the statement infra

with reference to the respective date of appointment.

Sl.No. Date of Appointment Qualification for Librarians

1. Persons appointed prior to Basic degree plus B. Library 31.12.72 Science Degree

2. Persons appointed between Master's Degree in 01.01.73 to 31.12.85 B. Lib. Science, Degree

3. Persons appointed between First or second class basic 01.01.86 to 05.04.91 degree plus first or second class M.Lib.

Science or First or Second Class Master's Degree and first or second class B.Lib Science or Diploma in Library Science.

4. Persons appointed on or after i) Good academic record with 05.04.1991 at least a high second class Master's Degree in a subject other than Lib.Science.

                                        ii)  Master's    degree      in
                                        Lib.Science with first or high
                                        second class.

2. The Librarians who do not possess the qualifications mentioned at column (3) of the above table with reference to their date of appointment shall be given five years' time to acquire the said qualification at their own cost. Such of the Librarians who have acquired the requisite qualification relevant to them as specified in column (3) of the above table

between the period 01.06.1986 till the date or who acquires in future the requisite qualification relevant to them as in column (3) of the above table, shall be given senior scale/selection grade from the date of acquisition of such qualifications duly computing their previous regular service in the cadre of Librarians.

3. The provisions of (i) Government Order No. ED 57 UNI 91, dated 11 June 1991, (ii) Government Order No. ED 315 DCE 91, dated 04.01.1992 issued in respect of Lecturers of Degree Colleges relating to relaxation in Career Advancement and refresher courses for placement in senior scale and selection grade thereunder respectively are hereby extended to the Librarians of Government and Aided Degree Colleges also.