(1.) THIS Writ Appeal is filed against the judgment dated 7.1.2005 in Writ Petition No. 40315/1999 which was allowed by the learned single Judge. The appellant is the second respondent in the Writ Petition.
(2.) THE Writ Petition was filed by the first respondent herein. The first respondent joined the services of the Karnataka Electricity Board (present Karnataka Power Transmission Corporation Limited) as a Junior Assistant in its O and M Division, Hubli, in the year 1977. As per Annexure -'B' order dated 5.9.1975, the Karnataka Electricity Board had accorded sanction to grant four advance increments to the employees on securing additional/higher qualifications as detailed in the Annexure to the said order without prejudice to their normal increments. As per the Annexure to the said order, a Junior Assistant/Typist is entitled to four advance increments if he acquired "a Degree in Commerce or Arts or Science of a recognised University". Later as per Annexure -'C' order dated 23.10.1977, the Karnataka Electricity Board directed that a Junior Assistant/Typist will be entitled to only two advance increments on his acquisition of a Degree in Commerce or Arts or Science of a recognised University. The first respondent passed B.A. Music final examination held in May 1979. Thereupon, he submitted Annexure -'D' representation dated 10.10.1991 to the Superintending Engineer, C and M Circle Karnataka Electricity Board, Hubli, bringing to his (sic) its notice that he had passed BA Music Part -III Examination conducted by the Karnataka University, Dharwad, in the month of May, 1979 and requesting to sanction advance increments to him. Along with Annexnre -'D' representation, the first respondent enclosed copies of (i) Special Certificate issued by the Karnatak University, Dharwad, (ii) Certificate of Marks and (iii) Degree passing Certificate issued by the Karnatak University, Dharwad. Annexure -'D' representation was forwarded by the Superintending Engineer to the (sic) Engineer, Karnataka Electricity Board along with Annexure 'E' letter dated 26.10.1991. In Annexure -'E' letter, it is stated that as per the Order dated 25.10.1977 of the Karnataka Electricity Board, sanction of advance increment is permissible to Junior Assistants who have passed a Degree in Commerce or Arts or Science and that the Bachelor of Music is not included among the qualifications, on the acquisition of which, advance increment could be granted. The Superintending Engineer also requested the Chief Engineer to pursue the matter with the Karnataka Electricity Board for considering whether Bachelor of Music also is a Degree equal to Science, Arts and Commerce for granting advance increments. The Superintending Engineer also observed that the request of the first respondent appeared to be genuine. However, through Annexure -'G' letter dated 27.12.1991, the Secretary, Karnataka Electricity Board, informed the Chief Engineer that as per the existing provisions, the first respondent was not entitled for advance increments for acquiring a Degree in Bachelor of Music. Aggrieved by the denial of the advance increments, the first respondent filed the with Petition praying for quashing Annexure -'G' letter dated 27.12.1991 of the Secretary, Karnataka Electricity Board and also for a direction to the respondents to consider the case of the petitioner for grant of additional increments as the petitioner had obtained graduation from a recognised University.
(3.) AFTER considering the rival contentions of the parties, the learned single Judge held that a Degree in Music is a Degree in Arts and therefore, the petitioner is entitled to the advance increments. Accordingly, the Writ Petition was allowed declaring that Degree in Music which the petitioner has secured is a Degree in Arts and directing the second respondent to consider the application of the petitioner for payment of two additional increments from the date of his acquiring the additional qualification, namely, Degree in Arts (Music) and pay the same within three months from the date of the judgment.