KOTRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are lecturers and teachers of the private aided educational institutions, some of them are in service and some are retired. The State Government vide order at No. FD SRP 96, bangalore, granted the benefit of 5 stagnation increments to the civil servants who had no prospectus of promotion after reaching the maximum pay scales vide Annexure-C with effect from 1-4-1996. The State Government passed an order vide Annexure-A, dated 2-12-1998 to extend the benefit of stagnation increments to the employees of the private aided education institutions with effect from 25-6-1998.

(2.) IT is the contention of the petitioners that benefit of stagnation increment have to be accorded to them on par with the Government servants and with effect from 1-1-1996. The denial or delayed grant would contravene the provisions of Sections 49 and 87 and Annexure-II of Rule 3 of the Karnataka Educational Institutions (Grant-in-Aid for Primary, Secondary and pre-University Educational Institutions) Rules, 1998 and amounts to discrimination in payment of pensionary benefits.

(3.) THE State Government revised the pay scales of the civil servants by Government Order No. FD 2 SSRP 99 181/99 the existing pay scales as on 1-4-1998. The Counsel for the petitioners has furnished under a memo with a tabular column working out the specific cases to show the discrimination of the pay scales between the Government employees and the employees of the private aided institutions and further to show that such discrimination would result in discriminatory pensionary benefits.