K NARAYANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the order passed by the learned Single Judge in Writ Petition No. 5715 of 1983 on 14-1-1991. The petitioner and 2 others, viz., (i) B, Laxman Devadiga and (ii) Haridas, filed Writ Petitions Nos. 5715 to 5717 of 1983.

(2.) The case of the appellant and the other writ petitioners is that at the time of their initial appointments, they were under-graduates. Subsequently, they became graduates. Pursuant to the Government Order, they were given incentive benefits, viz., additional increments. All of a sudden, by a subsequent order the said benefit was not only discontinued but also they were even called upon to reimburse the amount drawn by them as additional increment with retrospective effect. After hearing both sides, the learned Single Judge by his order dated 14-1-1991 allowed the said writ petitions in part holding that the additional increments paid to the petitioners therein upto 25-4-1981 are not recoverable from them and further holding that the petitioners cannot contend that the additional increments that were given to them by virtue of the earlier Government Order cannot be dispensed with and they have no legal right to claim the same on the basis of the earlier Government Order. Aggrieved by the said Order of the learned Single Judge, only the petitioner in Writ Petition No. 5715 of 1983 has preferred this writ appeal.

(3.) A few facts are: The appellant was appointed as a Second Division Clerk in theerst while Mangalore City Municipality on 3-3-1961. Then he was S.S.L.C. He became a graduate in Commerce in January, 1978. On the basis of the seniority he was promoted to the post of First Division Clerk and he is continuing as such. The Government by Order No. FD 121 SRP (3), dated 1-6-1974 continued the benefit of giving additional increments to the graduates which was introduced by the Government Order dated 9-10-1964. Thus, the said benefit was made applicable to all the Second Division Clerks and Primary School Teachers. The said benefit was granted in the relevant time scale and was subject to a maximum of Rs. 25/- over the basic in the scale of pay drawn at the time of grant of the additional increments and the said Government Order dated 1-6-1974 provided that the benefit of the said order would be given effect to with effect from 1-1-1970. Subsequently, by means of another Government Order in HMA 26 MLR 76, dated 29-11-1976 the additional increments were extended to the Local Bodies, Notified Area Committees and Sanitary Boards who had acquired graduate education subject to a maximum of Rs. 25/- from the date of their graduation. By Government Order No. FD 14 SRB (1) 77, dated 24-5-1977, the Government reviewed all its previous orders in the light of the report of the Karnataka Pay Commission and the Official Committee and regulated the same by granting only 2 additional increments. The Government by its Order No. FD 53 SRP 79, dated 26-10-1979, the said benefit was ordered to be discontinued with effect from 1-10-1979. This was given effect to by the Government of Karnataka on 25-4-1981, whereby the benefit of additional increments was discontinued to the Municipal Employees possessing or acquiring graduate qualification with effect from 1-1-1977. It was also clarified that the benefit of the Government Order dated 29-11-1976 shall be applicable only upto 31-12-1976. As a consequence thereof, the Commissioner of the Corporation of the City of Mangalore by his proceedings bearing No. A. Dis. 4355/1978-79, dated 3-3-1982 refixed the basic pay of the appellant and reduced his pay in pursuance of the Government Order dated 25-4-1981. In pursuance of the said order, the appellant's basic pay which was at Rs. 525 as on 3-1-1978 was reduced to Rs. 500/- as a result of which the appellant's basic pay which was drawn as on 1-1-1981 was reduced to Rs. 575/-.