MOHAMED SAFIULLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these series petitioners pay is required to be determined after a lapse of nearly two decades after regularisation of their services as Basic Health Workers in the Department of the Health and Family Planning Services.

(2.) Facts briefly stated are : In the inception petitioners were appointed as local candidates between 1960 and 1964 on a consolidated salary but not on time scale pay of post in the implementation of a scheme known as 'eradication of Malaria'. Consolidated salary of Rs. 50/- was enhanced to Rs. 75/- per month in 1961. After they underwent training meant for Health Inspectors shifted as Basic Health Workers with effect from 1-10-1964. Their services are regularised as per Official Memorandum dated 28-6-1972 with effect from 13-3-1967. They contended that they were unaware of order of regularisation till 1982. Most of them are posted as Junior Health Inspectors after training in 1960 and some or almost all of them are promoted as Senior Health Inspectors in 1982. It is stated that their salary bills sanctioned by Accountant General show that they are paid salaries in regular scales applicable to the post but, they continued to receive consolidated salary of Rs. 75/- per month till 1970 from which date they are put in the scale of Rs. 100-220 Immediately they became aware of order of regularisation and discrepancy in their pay bills represented to concerned authorities for fixation of salary, increment and to grant consequential benefits. As there was no response from higher authorities, took advantage of Circular dated 14-5-1982 issued by first respondent in respect of Class III officials, whose services stood regularised as per Karnataka State Civil Services (Direct Recruitment to Class III Posts) (Special) Rules, 1970 and 1973 and drew entire arrears of pay accrued from 13-3-1967 till 1-1-1970, as their services were regularised with effect from 13-3-1967 as per Official Memorandum, dated 28-6 1972.

(3.) Second respondent directed recovery of the amount drawn at the rate of Rs. 25/- per month stating that it is illegal and impermissible in law. It is contended that on regularisation they are entitled to salary in scale of Rs. 100-180 from 13-3-1967 till 1-1-1970 and thereafter at revised scale of Rs. 100-220 with increment at Rs. 5/- from the date of joining of service. It is also contended that order made for recovery without notice or without providing an opportunity of hearing is illegal.