SRINIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner joined services of the second respondent-Karnataka electricity Board as Junior Assistant in its O and M Division, Hubli, in the year 1977. The qualification prescribed for the said post was pass in s. S. L. C. However, he was studying B. A. in Music. In the year 1979, he passed Bachelor of Music final examination and he was awarded a degree of Bachelor of Arts/music, by the Karnataka University, dharwad, as per Annexure-A.

(2.) THE second respondent-Board has formulated a scheme in the year 1975 under which employees who acquire additional qualifications while in service are entitled to draw four additional increments, a copy of which is produced as Annexure-B. In terms of the aforesaid order, the petitioner made an application to the second respondent for grant of additional increments as per the scheme available as per Annexure-D. The second respondent recommended the case of the petitioner as per annexure-F. However, the petitioner was served with a communication as per Annexure-G informing him that he is not entitled for advance increments for acquiring the degree in Bachelor of Music. Challenging the aforesaid communication, he filed a writ petition before this Court in w. P. No. 18543 of 1994, which came to be disposed of as withdrawn on 14th July, 1997 reserving liberty to the petitioner to challenge the said endorsement. Thereafter in spite of several requests from the petitioner when the 4th respondent did not accede to his request to grant additional increment, the petitioner preferred this writ petition seeking quashing of Annexure-G and for writ of mandamus directing the respondent to consider the case for grant of additional increments and to grant additional increment as per the scheme.

(3.) THE respondents 2 and 3 have filed a detailed counter. They do not dispute the facts set out by the petitioner. They contend that the petitioner has not obtained degree in Commerce, Arts and Science, but he has obtained Bachelors degree in Music, the University has issued certificate to the petitioner a Bachelor degree in Music and not a bachelor degree in Arts. Therefore, the petitioner cannot take any advantage of the said degree so as to avail the said benefit. They contend that there is inordinate delay in approaching this Court and therefore, the petitioner is not entitled to the relief sought for.