MALATHI BAI, W/O. SRI. S.S. CHIDAMBARA Vs. THE SECRETARY TO GOVERNMENT OF KARNATAKA, (PRIMARY AND SECONDARY EDUCATION DEPARTMENT) EDUCATION DEPARTMENT, M.S. BUILDING, BANGALORE-560 001 AND OTHERS

JUDGEMENT

(1.) HEARD the Learned Counsel for the petitioner and the learned Government Pleader.

(2.) THE facts briefly stated are as follows: The petitioner was appointed as a part -time Hindi Teacher in the National High School, Kuppagadde, Soraba Taluk, Shimoga District. Her appointment, according to the petitioner, was regularised by the Government and she was paid about Rs. 28/ - per month. This paltry salary did not satisfy the petitioner and she was unwilling to continue in the post. The management took note of the serious situation and if the petitioner were to tender her resignation, there was no candidate, who was willing to join the post, especially, in the school which was in a rural area and accordingly had passed a resolution proposing to approach the competent authorities to sanction the post of a Full -time Hindi Teacher in the stead of part -time Hindi Teacher.

(3.) THE Learned Counsel for the petitioner would submit that the petitioner has discharged her duties faithfully for over twenty five years on a paltry salary of Rs. 28/ - By virtue of such long service and when other teachers were granted the benefit of full -time teachers' post notwithstanding that there was no work load warranting such appointment and the same Rule being made applicable to the petitioner, would not be out of place. The intervention of the illegal order of termination dated 10.4.1981 is only an impediment in the State Government seeking to deny that the petitioner could claim to be a full -time Hindi Teacher on part with other teachers similarly placed. The Learned Counsel would go to the extent of contending that the petitioner may not be granted any back wages on the basis of such a consideration if her length of service is taken into consideration for pensionary benefits, since the petitioner is now in the evening of her life and would gain little advantage by the pension that she might derive by virtue of such recognition.