STATE OF KARNATAKA Vs. KRISHNA KUMAR

JUDGEMENT

(1.) The State of Karnataka has filed appeals aggrieved by the Judgment and Order passed by the Tribunal and affirmed by the High Court quashing in part the Memo dated 7.4.2010 issued by the State Government in the matter of transfer of teachers of Higher Primary Schools on "Mutual Basis ".

(2.) The respondents are the teachers appointed in the year 2004-2005 in the Government primary schools where "˜Sarava Shikshana Abhiyana "™ Scheme (in short, "the SSA Scheme ") was being implemented. The objective of the SSA Scheme is to provide easy access to 8th standard in the context of universalization of elementary education. In order to give effect Signature Not Verified Digitally signed by to the scheme certain Government primary schools have been up-graded with 8th standard and they are referred to as "Higher Primary Schools ". 65% of the salary used to be provided by the Central Government. Under the said scheme, in order to make the education broad-based certain Government primary schools were permitted to impart 8th standard for the benefit and the improvement of educating children in the rural areas, particularly at the places where very few high schools were existing. This decision was taken by the Government to encourage the students to continue the 8th standard education in the rural areas itself, though 8 th standard was part of the high school for which Trained Graduate Teachers used to be appointed.

(3.) On 07.04.2010, an Office Memorandum was issued inter alia to transfer and posting of teachers in the schools where the SSA Scheme has been implemented. One of the policy decisions is that those teachers appointed as primary teachers in the upgraded Government higher primary schools will continue to work in the SSA Scheme. The primary teachers appointed under the SSA Scheme shall be transferred to the post of Teachers of the same subject under the same project. It is also provided that the teachers can submit their applications for "˜mutual transfer "™ with Teachers of the State Zone with the same pay-scale and other benefits.