L SIDDAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE challenge in the writ petition is against the order dated 17-7-2006 passed by the Karnataka Administrative Tribunal in Application No. 6813/ 2003. The petitioner is the applicant in the said application, which was dismissed by the tribunal.

(2.) THE petitioner worked in the post of assistant Draftsman and Ex Officio Under secretary to Government in the Department of Parliamentary Affairs and Legislation during the period from 14-10-1996 to 4-8-2005. He submitted Annexure-A5 representation dated 20-11-2001 to the Government requesting for sanction of special pay of Rs. 150/-per month with effect from 14-10-1996. The claim was based on the fact that the Civil judges working on deputation in the post of assistant Draftsmen and Ex officio Under secretaries to Government, Department of law and Parliamentary Affairs were paid such special pay of Rs. 150/- per month. The petitioner's representation was rejected by the government as per Annexure-A7 endorsement dated 23-10-2002. In Annexure-A7, the government pointed out that the special pay of Rs. 150/- per month was being paid to the judicial Officers who came on deputation against the post of Assistant Draftsman and ex officio Under Secretary to Government, department of Law and Parliamentary Affairs in accordance with Karnataka Government secretariat Services (Recruitment) Rules, 1957 and that the said benefit was being paid only to attract and encourage the experienced judicial officers from the Judiciary and that the special pay will be personal to the Officers coming on deputation. It was also pointed out that the benefit of special pay was not applicable to the post of Assistant Draftsman and ex officio Deputy Secretary /under Secretary to Government and therefore the benefit cannot be extended to the Officers who were promoted to the post from the Secretariat Service. Aggrieved by the rejection of his demand for special pay the petitioner filed O. A. No. 6813/2003 in the Karnataka Administrative tribunal. The claim of the applicant/petitioner was resisted by the Government by filing reply statement before the Tribunal. After considering the rival contentions, the Tribunal dismissed the O. A. No, 6813/2003 on 17-7-2006. Thereupon the applicant has filed this writ petition.

(3.) ACCORDING to the Karnataka Government secretariat Service (Recruitment) Rules, 1957, the method of recruitment to the post of Assistant Draftsman and Ex officio Under Secretary to Government, Department of Law and parliamentary Affairs is by deputation of an officer of the Karnataka Judicial Service in the cadre of Civil Judges or Munsiffs or by promotion from the cadre of Section Officer (Drafting), provided that not more than two posts shall be filled by promotion. The minimum qualification in the case of deputation is that the Officer must have practised in Courts of Civil and Criminal jurisdiction for a period of not less than four years and must have worked for not less than four years as a munsiff. The minimum qualification in the case of promotion is that the Officer must have worked for not less than five years as Section officers (Drafting) provided that if Officers who have put in minimum service of five years are not available, Officers who have put in a minimum service of three years shall be considered. As per Note-1 in the Rule, an Officer of the Karnataka Judicial Service in the cadre of Civil Judges or Munsiffs shall be initially taken on deputation for a period of two years, notwithstanding anything contained in subrule (3)of Rule 50 of Karnataka Civil Service Rules, on his own pay and a special Pay of Rs. 150/- per month. If at the end of the said period he is found suitable and if no person is eligible for promotion, he shall be absorbed as Assistant Draftsman and Ex officio deputy/under Secretary as the case may be. On such absorption, if he was a Civil Judge before he was taken on deputation his pay shall be fixed at the appropriate stage in the senior scale and if he was a Munsiff before he was taken on deputation, his pay shall be fixed at the appropriate stage in the Junior scale and he shall be given the senior scale from the sixth year of the date of his appointment on deputation. Thus, it can be seen that the Civil judges working on deputation as Assistant draftsman and Ex officio Under Secretary to government, Department of Law and Parliamentary Affairs are paid special pay of Rs. 150/- per month on the basis of the Recruitment Rules. No such special pay is provided under the Rules for Section Officers (Drafting) who are in the Government Secretariat service who are promoted to the post of Assistant Draftsman and Ex officio Under Secretary to Government, Department of Law and parliamentary Affairs. Therefore, the petitioner could not have claimed the special pay on the basis of any Rules or Government Orders. In that view of the matter, the Government was right and justified in rejecting his claim for special pay.