S C BASAVARAJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are the employees of the private aided educational institutions. They have submitted request to the respondents to give them the benefit of additional increment for passing Kannada language examination. The representations of the petitioners are yet to be considered and disposed of.

(2.) THE Counsel for the petitioners relied on the ruling of the Supreme court in K. Krishnamacharyulu and Others v Sri Venkateswara Hindu college of Engineering and Another, wherein it is held that the employees of the private educational institutions are entitled to equal pay on par with the Government employees under Article 39 (d) of the constitution to give effect to the principle of "equal pay for equal work". The Counsel for the petitioners argued that Annexure-II of the karnataka Education Rules catalogues benefits which are not admissible to the employees of the aided institutions. Proviso to Section 87 of the Karnataka Education Act, 1983, declares that "minimum qualification for recruitment, age of recruitment and retirement and benefits of retirement for employees in educational institutions receiving maintenance grant from the State Government shall be same as those applicable for the corresponding category of employees, if any, in State institutions unless otherwise prescribed". Additional increment granted would become the part of the pay, ultimately computed for pension, therefore whatever pay scales given to similarly placed employees in the state Service have to be extended to the employees in the educational institutions as mandated under the provisions of Section 87 and to that extent the State shall not discriminate the employees of aided institutions. The words "unless otherwise prescribed" in the statutory provision should be understood as prescribed by the Act and Rules and not by the executive instructions.

(3.) IN view of the discussion made, it is directed that the Secretary, department of Education is directed to place before the Government the request of the petitioners for consideration and for passing appropriate orders in accordance with law and desirably within six months from the date of the order. Accordingly, the writ petition is disposed of. Learned High Court Government Pleader is permitted to file her memo of appearance within four weeks.