STATE Vs. I RUDRAYYA

JUDGEMENT

(1.) These Appeals filed by the State of Karnataka assail the decision of the learned Single Judge dated 08.02.2011, directing the appellants to grant five stagnation increments to the petitioners with effect from 01.04.1996. The learned Single Judge has also directed that this Order should be complied with within three months. Regretfully, there has been no compliance till date, and instead these belated appeals have been preferred. Since the questions raised in this matter are of immense public importance, we think it expedient and prudent to allow the application for condoning the delay of 168 days.

(2.) The factual matrix may now be summed up succinctly. In December 1980, additional increments to Government servants who had continued in the same posts for more than fifteen years without any promotion was granted by the State of Karnataka. On 27.11.1985, the State of Karnataka extended the benefit of five stagnation increments to the employees of Private Aided Education Institutions as well. On 16.04.1987 the State Government granted a revision of pay-scales to the Government employees which was again subsequently extended to employees of all Private Aided Educational Institutions also. The same position obtained vis--vis all these employees with regard to revision of pay scales in 1991/1992 as also in May 1994. In December 1998, the State Government-appellant again granted five stagnation increments to Teachers in Private Aided Educational Institutions as well as Government Primary School Teachers (February 1999). By a special Official Memorandum dated 14.07.2009, the said pay fixation was made effective from 01.04.1996 instead of 25.06.1998, but the petitioners i.e., the Teachers in Private Aided Educational Institutions were not bestowed this benefit. This led to filing of the several Writ Petitions bearing Nos. 7935-47/2010 on 10.03.2010 which eventually came to be decided in their favour by the impugned Order thereby, extending the benefit of the said stagnation increments to the petitioners with effect from 01.04.1996. The State is dissatisfied with this position and has therefore filed the present appeals.

(3.) Section 87 of the Karnataka Education Act 1983 has been referred to by the learned Single Judge and it is reproduced by us for facility of reference: