STATE OF KARNATAKA Vs. SHANKARAIAH

JUDGEMENT

(1.) By consent of learned Counsel these appeals are treated as having been posted for hearing and we have heard them. These appeals are from the common order of Malimath, J., in WPs Nos. 6672 to 6676 of 1981. The respondents therein, i.e., the State of Karnataka and the Commissioner for Public Instruction in Karnataka, have presented these appeals. For the sake of convenience, the writ petitioners will hereinafter be referred to as the petitioners.

(2.) The petitioners are teachers in Primary Schools. They claimed the "benefit of the selection time scale of pay under the Government Order, GO No. ED 199 PMC 71 dated 13 10 1972, on the ground that they had completed 10 years' service as Primary School Teachers. The appellants did not accede to their claim on the ground that the petitioners had been initially appointed as local candidates, that subsequently their services were regularised and that their services after such regularisation, were less than 10 years, In the writ petitions, the petitioners claimed that their services as local candidates should also be taken into account in computing the qualifying service for the purpose of eligibility for the selection time scale of pay. Following the earlier decision of this Court in WP No. 10169 of 1977, the learned single Judge upheld the the claim of the petitioners and allowed the petitions and issued a writ in the nature of mandamus directing the authorities to extend the benefit of the selection time scale of pay to the petitioners.

(3.) In these appeals, the correctness of the decision of the learned single Judge has been impugned.