RAO SOMASHEKARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These five writ petitions filed under Article 32 of the Constitution of India are all connected and raise the same questions. The petitioners are Secondary School Teachers in the State of Karnataka serving in Government and Government aided Secondary Schools.

(2.) Certain Secondary grade teachers in the former State of Hyderabad which were allotted to the State of Karnataka as on 1-11-1956. After reorganisation, the corresponding posts in former State of Mysore were equated with the posts of the allotted personnel. There was revision of pay scales on 1-1-1957 and again on 1-1-1961 but the disparity in pay scales was allowed to continue. This anomaly was continued till 1-1-1970 - for nearly fourteen years, when for the first time under the concerned Karnataka Civil Services (Revised Pay Rules), 1970 which came into force on 1-1-1970, based on the report of the Pay Commission headed by Justice Tukol, the scales were brought on par with scales of allotted Hyderabad officers prospectively by enhancing the scales of the all Karnataka teachers w.e.f. 1-1-1970. But the grievance of the Secondary School teachers of Government of Karnataka for the period from 1-1-1957 to 31-12-1969 continued and has not been removed. That is the subject of these writ petitions.

(3.) It is stated that, so far as disparities in pay among Mysore and Karnataka Primary school teachers on the one hand and allotted Hyderabad primary school teachers are concerned, Government orders as late as 1986 showed that those grievances also arise out of the States Reorganisation Act, 1956 in respect of pay scale disparities and have been removed by the Government of Karnataka. On that basis, petitioners, Secondary school teachers of Mysore and Karnataka claim that distance of time is no bar to relieve their legitimate grievance for the period 1-1-57 to 31-12-69.