THE STATE OF KARNATAKA Vs. SRI. NEELAPPA

JUDGEMENT

(1.) Petitioners herein are before this Court being aggrieved by the order of the Karnataka Administrative Tribunal dated 21.07.2015 rendered in application No. 5469/2011, whereby the petitioners have been directed to extend the benefit of Rule 247-A(1) of the Karnataka Civil Services Rules (for short "KCSR Rules") to the respondent herein.

(2.) The facts in brief are that, the respondent was appointed as a teacher on contract basis on 25.07.1983 with the Government High School, Itagi, Ron Taluk, Gadag District and that his services were appreciated by the authorities and superiors and that he possessed an unblemished service records. It is further submitted that the respondent during his service between 25.07.1983 to 10.04.1990 was paid a meager monthly salary of Rs.100/- and thereafter from 11.04.1990 to 13.11.1997 he was paid a monthly salary of Rs.300/-. Thereafter, his services as a Hindi teacher came to be regularized from 14.11.1997 in the pay scale of Rs.1520-2900 and that vide notification dated 03.11.1997, a District Level Recruitment Committee was established and that he was recruited as a permanent employee by the District Level Recruitment Committee with effect from 11.09.1998 and he continue to discharge his services till the date of his superannuation on 30.04.2007, on which date he was retired as a full time permanent Government employee. It is contended that he was directly recruited by the District Level Recruitment Committee.

(3.) It is his case that, as per the general provisions of KCSR rules, a person who has to complete a tenure of at least 10 years of service to qualify for the terminal benefits. It is his contention that as a direct recruitee his services prior to 14.11.1997 also need to be taken into account which petitioner No. 3 has failed to do so. It is his contention that he has completed 9 years 5 months 16 days of satisfactory service as a full time teacher in a Government High School and that he fall short of minimum eligibility for pensionary benefits by about 6 months and 15 days.