B. GOPALAKRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in all these petitions have sought for quashing of an endorsement issued by respondent No.1 dated 30.6.2011, wherein the State Government has rejected the claim of the teachers for one increment for having passed the Kannada language examination working in aided schools. It is stated that, there is no qualification prescribed for the teachers in aided school to pass Kannada language examination and it was prescribed only for the Government servants i.e. Government teachers in these cases. As such, the teachers in aided schools being not the Government servants and there is no prescribed qualification of passing of the Kannada language examination, hence, the teachers in aided schools are not entitled for increment in pursuance of passing of Kannada language examination or having taken Kannada language in the SSLC examination.

(2.) Learned Government Pleader submitted that the Rules of recruitment or the service conditions of the teachers in aided schools do not prescribe for passing of Kannada language examination by the teachers in aided schools and it is prescribed for the Government servants. As such, the teachers in aided schools being not the Government servants, said benefit cannot be granted to the teachers in aided schools. He also submitted that the teachers in aided schools are not treated on par with Government servants.

(3.) To support his contention, he relied on the orders of this Court in WP No.976/2003 dated 12.1.2005, WP No.26724/2005 dated 2.2.2006, WP No.26056/2005 dated 7.2.2006, WP No.53940/2003 dated 18.7.2006 and WP No.1072/2006 dated 25.8.2010 and submitted that the State has granted incentives as a generous gesture to the Government servants who have passed the Kannada language departmental examination or who had Kannada language as a subject in the SSLC examination for the purpose of enhancing the administration in Kannada language. As such, said benefit was only extended to the teachers in Government schools. The teachers in aided schools being not the civil servants, are not entitled for the said benefit which is only extended to the civil servants / Government servants. He further submitted that, if there are two conflicting views taken by this Court, the matter requires consideration by the Division Bench.