LAWS(KAR)-2015-10-258

ARUNA KUMARI N N Vs. COMMISIONER BACKWARD CLASSES WELFARE DEPARMENT; CHAIRMAN; MEMBER SECRETARY; KARNATAKA PUBLIC SERVICE COMMISSION UDYOG BHAVAN; PRINCIPAL SECRETARY TO GOVT

Decided On October 07, 2015
ARUNA KUMARI N N Appellant
V/S
COMMISIONER BACKWARD CLASSES WELFARE DEPARMENT; CHAIRMAN; MEMBER SECRETARY; KARNATAKA PUBLIC SERVICE COMMISSION UDYOG BHAVAN; PRINCIPAL SECRETARY TO GOVT Respondents

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) The case in brief is that the petitioner was appointed as Assistant Teacher in Department of Public Instructions, Government of Karnataka, vide office order dated 23.04.2007. While the petitioner was in service, the fourth respondent had invited applications for the Gazetted Probationers' Group-A and B Officers for the year 2010, vide notification dated 27.01.2010. The petitioner had applied in response to the same. In that regard, the petitioner had also claimed benefit of reservation under Category-3B and had obtained caste and income certificates from the Tahsildar, Chickmagalur, on 18.02.2010. The petitioner had thereafter succeeded in securing the job as Assistant Controller in the State Accounts Department. It is at this juncture, the verification of the said document was required to be made by the Authorities concerned.

(3.) In that regard, the question that arises for consideration is as to whether the pay that is received by the petitioner as Assistant Teacher Grade-II should also be included to consider the income limit of Rs.2 lakhs provided for issue of such Category-3B certificate while taking into consideration the income of the family. The circular dated 14.2.2000 (Annexure-N) is relied on by the petitioner to contend that the salary derived from her employment as Assistant Mistress is to be excluded from the income to be taken into consideration for the purpose of issue of certificate. In the instant case, it is not in dispute that the salary if excluded, the income would be within the limit of Rs.2 lakhs as provided for issue of certificate.