VISHA LAMMA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS in these writ petitions have sought for a direction to the respondent Nos. 1 and 2 to consider their representations stated to have been given on 07.03.2007, 10.12.2007 and also the recommendation made by the third respondent dated 22.03.2007, 23.08.2007, 11.12.2007 and 07.11.2008 produced at Annexures -F to H and Annexures -J to L. Petitioners also got the petitions amended for quashing of endorsement produced at Annexure -N in W.P. Nos. 3401 -3403/2009 and Annexure -Q in W.P. Nos. 3396 -3400/2009. The grievance of the petitioners is that, under Rule 247 of the K.C.S. Rs., the respondents are required to add four years of qualifying service of the petitioners and fix the pay scale. However, the learned Government Pleader submitted that, Rule 247 of the K.C.S. Rs. is not applicable to the petitioners, as the petitioners were appointed to the Aided School, they are not Government employees and they are governed by different Rules and not by K.C.S. Rs.

(2.) THE Government has rejected the request of the petitioners by relying on Rule 224 -B of K.C.S. Rs., as it is applicable only to the employees joined the Government service and it is not applicable to the employees appointed in a Private Educational Institutions. It is observed that, employees of the Private Aided Institutions are different from the Civil Servants and they constitute a different class by itself. As far as Grant -in -Aid is concerned, the Grant -in -Aid is a facility given to the employees of Private Aided Institutions as a matter of Policy and not as a matter of Rule.

(3.) ON the other hand, learned Government Pleader submitted that, admittedly, the petitioners are the employees of Private Aided Schools, they are not Government servants and the KCSRs is not made applicable to the teachers working in Private Aided Institutions.