E C KUTTIAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE two writ petitions are by persons who had been appointed as physical education teachers in private aided educational institutions between the years 1971 and 1974 and in the pay scale of Rs. 100-200.

(2.) IN the wake of reorganization of States and similar physical education teachers who had been working in the merging areas getting integrated to the new State of Mysore and particularly in the erstwhile state of Hyderabad, such teachers having enjoyed the benefit of pay scale of Rs. 130-210, it appears, the government thought it fit to protect their pay and while the intention was good, they led to a series of chaotic and confusing orders being issued by the government, generating unending litigation. The present writ petitions are also links in that chain.

(3.) IN view of a government order, which had been issued in the year 1976 for the purpose of protecting the pay scales of physical education teachers in the merging areas, who had already been accustomed to the pay scale of Rs. 130-210, many other persons had approached this Court contending that while such advantageous play scale is extended only to a few of the physical education teachers, it has been denied to several others and sought for issue of a writ of a mandamus to extend like pay scale etc. A batch of writ petitions had been filed and while in the initial stage some writ petitions had been allowed, the government went on issuing further government orders and one such government order dated 29-7-1998 was the subject matter of batch of writ petitions before this Court in WP Nos. 30193-214 of 1998 and connected matters, disposed of on 25-2-1999, filed by one Gadigeppa and others, wherein the government's action to withdraw the pay scale of Rs. 130-210, which had been extended to physical education teachers who had been initially appointed in the pay scale of Rs. 100-220 and who had been extended this pay scale only because of the Court orders etc. , and the proposal to recovery of the excess payment had been questioned.