S.G. Kudachimath vs The Secretary, Government of Karnataka Dept. of Education and Others

Aravind Kumar, J.—Heard Sri N G Rasalkar, learned Advocate appearing for petitioner, Sri Ravi V Hosamani, learned Advocate appearing for respondent-1 and Sri Mallikarjun S. Hiremath, learned Advocate appearing for respondent-2.

On account of inaction on the part of respondents in considering representation of petitioner for fixing his pay scale as per the statute and various recommendations of the Commission, petitioner has approached this Court for quashing of the order dated 22.07.2006 - Annexure-D issued by second respondent and is seeking for a writ of mandamus to respondents to fix basic pay and allowances in the scale of Rs. 500-1120 with effect from 01.01.1977 and in the pay scale of Rs. 750-1500 with effect from 01.01.1982.

Grievance of the petitioner is, he had joined the services of second respondent - University in 1962 as a Moulder in the pay scale of Rs. 90-200 and subsequently it was revised in view of the recommendation of Justice Tukol committee. Subsequently, in the year 1977 recommendation having been made by Justice Narayan Pai Committee with reference to Government employees and other statutory bodies recommending equal pay scales and on account of second respondent - University not fully implementing Justice Narayan Pai Committee''s recommendation and fixing pay scale of the petitioner, second respondent - University framed Financial and Service Rules relating to Civil Services and other allied matters being made applicable to the employees of second respondent- University as per Annexure-A. Petitioner being aggrieved by non-compliance of said Financial and Service Rules and non fixation of pay scale, is said to have submitted various representations to the University to set right the anomaly. A communication is stated to have been issued by the University to the petitioner intimating thereunder of having considered his request as per extant Rules and turning down petitioner''s request for rectification of pay scale. Being aggrieved by the denial of pay scale as sought for, petitioner along with others filed W.P. Nos. 9237 to 9240/1988 which petitions came to be dismissed for default and as such, fresh petitions were filed in WP Nos. 34009-10/2002 which came to be disposed of with an observation that petitioners have to approach the respondents for grant of pay scales in terms of subsequent committees recommendations namely, Muddappa Committee recommendations vide order dated 09.03.2006 - Annexure-C. On submission of fresh representation to second respondent, an endorsement came to be issued to the petitioner indicating thereunder that pay scale of petitioner fixed already is higher than the granted pay scale as per Muddappa Committee and as such, pay scale fixed is proper by reply dated 22.07.2006, Annexure-D.

Being aggrieved by above said endorsement, Writ Petition No. 3239/2007 came to be filed by the petitioner and said petition came to be dismissed on 14.3.2007 reserving liberty to the petitioner to approach the authorities. Accordingly, petitioner is stated to have submitted representation to respondents 1 and 2 on 12.04.2002 - Annexure-F. On account of non consideration of his prayer, petitioner has approached this Court for the reliefs already noted herein above.

Today, learned AGA has filed an affidavit of Principal Secretary to Government, Department of Higher Education whereunder it is admitted that University of Mysore had implemented orders of Hon''ble Apex Court rendered in Civil Appeal Nos. 1216-1256/2003 reported in K.T. Veerappa and Others Vs. State of Karnataka and Others, and it is also stated in paragraph 7 of the affidavit that Office of the Principal Secretary has already released additional amounts towards revised pay scale vide order dated 15.11.2007. However, it is stated that on account of representation of petitioner having not been submitted to the office for revision of pay scale, his application could not be considered.

Learned Advocates appearing for petitioner as well as respondent No. 2 have brought to the notice of this Court about representation dated 12.04.2007 vide Annexure-F submitted by petitioner to respondents - 1 and 2 respectively. In the light of said representation having already been submitted by petitioner as per Annexure-F and in view of the statement made by the Principal Secretary in para 8 of his Affidavit which is to the effect that necessary direction will be issued by said office to respondent No. 2 to consider the application of petitioner in terms of judgment of Hon''ble Apex Court rendered in Civil Appeal Nos. 1216-1256/2003 reported in K.T. Veerappa and Others Vs. State of Karnataka and Others, , this Court is of the considered view that by placing said affidavit of the Principal Secretary to Government, if writ petition is disposed of by directing first respondent to take immediate steps in this regard, it would meet ends of justice.

Hence, writ petition stands disposed of by directing first respondent to consider the representation of petitioner dated 12.04.2007 (Annexure-F) expeditiously and take steps in this regard by keeping in mind the undertaking given by the then Principal Secretary to Government, Department of Higher Education and paragraph 16 of the judgment rendered by Hon''ble Apex Court in Civil Appeal Nos. 1216-1256/2003 reported in K.T. Veerappa and Others Vs. State of Karnataka and Others, and the statement made in the Affidavit filed today whereunder at paragraphs 7 and 8 of the affidavit it is indicated that necessary directions will be issued to respondent No. 2 to consider the application of petitioner in terms of K.T. Veeerappa''s Case rendered by Hon''ble Supreme Court.

Ordered accordingly.