Khutubuddin Sheikh vs The Principal Secretary (Higher Education) and Others

L. Narayana Swamy, J.—It is the case of the petitioner that he was appointed as clerk-cum-typist by the second respondent in the year 1993 and pursuant to his appointment he is working till today. The learned Counsel for the petitioner submits that though the petitioner has been appointed against the permanent and clear vacancy, the salary to the post commensurate with the staff of the Government run institutions, has not been extended to the petitioner. In this regard, he made petition to the Principal Secretary to Government, Education Department under Section 131 of the Karnataka Education Act, 1983 and the said petition is still pending. Hence, the petitioner seeks a direction to the respondent-Government to pass appropriate order on his petition, which is pending before the Government. To buttress his submissions, the learned Counsel for the petitioner referred the judgment of this Court in the case of Bharatiya Samskrithi Vidya Peeta Vs. The Secretary to the Government of Karnataka, Education Department and Others, , wherein this Court dismissed the appeal, by referring Rule 5 of the Karnataka Private Educational Institutions (Discipline and Control) Rules, 1978 which states that the scale of pay of an employee of an institution shall not be lower than the scale of pay of an employee of a corresponding post in the Government Educational Institutions; and hence directed the respondents therein to consider the case of the petitioner for extending salary on par with the staff of Government run institutions. The learned Government Advocate submitted that the case of the petitioner would be considered in accordance with law.

In view of the submission made by both the learned Counsel appearing for the parties, petition stands disposed of directing the Principal Secretary, Higher Education to pass appropriate order on the petition dated 29th November, 2013 filed by the petitioner, within a period of two months from today.