T NAGARAJA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard. Issue Rule.

(2.) With the consent of the learned Advocates appearing for both sides, the petition is finally heard.

(3.) The short facts of the case appears to be that on 26-10-1976, the petitioner was appointed as Primary School Assistant Teacher. On 27-8-2001, he was promoted as Headmaster in the Government Higher Primary School. On 4-4-2002, he was promoted as 'Secondary School Assistant Teacher, Grade-IT. On 20-5-2002, the Medical Board advised him to change the cadre as he was suffering from chronic allergic bronchitis. On 4-11-2002, the second respondent submitted a proposal to the first respondent seeking approval for change of cadre of the petitioner from teaching to non-teaching cadre. On 20-1-2003, such permission was granted to change the cadre from 'Secondary School Assistant Teacher, Grade-II' to 'First Division Assistant' as per Rule 16(a)(iii) of the Karnataka Civil Services (General Recruitment) Rules, 1977 (hereinafter referred to as 'the Rules'). On 21-6-2003, the second respondent ordered for change of cadre of the petitioner in the pay scale of Rs. 3,850-7,050 under Rule 16(a)(iii) of the Rules. As per the petitioner, in the cadre of 'Secondary School Assistant Teacher, Grade-II', prior to the change of cadre in the First Division Assistant, he was drawing the basic salary of Rs. 8,200.00in the pay scale of Rs. 4,575-8,400 (old pay scale) and as per the petitioner, the same pay scale was required to be protected even after change of cadre in 'First Division Assistant' since change of cadre was on medical grounds. On 27-8-2007, fourth respondent sought clarification of his official superiors for fixation of the pay of the petitioner in the cadre of 'First Division Assistant'. On 28-3-2008, the second respondent also addressed a letter to the first respondent seeking clarification. On 10-9-2008, first respondent clarified the that pay of the petitioner be fixed in the changed cadre of 'First Division Assistant'. Accordingly, on 14-11-2008, the pay of the petitioner was changed in the cadre of 'First Division Assistant' at Rs. 7,400.00 on 1-10-2000, then at Rs. 7,600.00 as on 1-10-2001 and at Rs. 7,800.00 as on 1-10-2002 in the pay scale of Rs. 4,150-7,800 as against the pay scale of 'Secondary School Assistant Teacher Grade-II' of Rs. 4,575-8,400. Under the circumstances, the petitioner preferred petition before the Tribunal for challenging the decision and for getting pay fixation in the pay scale of 'Secondary School Assistant Teacher, Grade-II'. The Tribunal, ultimately for the reasons recorded in the order, found that since the change of cadre was at the request of the petitioner and highest pay scale in the cadre of 'First Division Assistant' was already given, the petitioner was not entitled to the protection of pay scale of Rs. 4,575-8,400, dismissed the petition. Under the circumstances, the present petition before this Court.