B BALAGANGADHAR Vs. ACCOUNTANT GENERAL IN KARNATAKA

JUDGEMENT

(1.) In this writ presented by a Munsiff in the Judicial Service of this State the following questions of law arise for consideration : (1) Whether according to Rule 10 of the Karnataka Civil Services (Probation) Rules 1977 a probationer whose probationary period is extended, and in whose case satisfactory completion of probation is declared subsequently which takes effect from the date of expiry of extended period of probation, is entitled to get arrears of increments for the period commencing from the date of expiry of the prescribed period of probation and the date of expiry of the extended period of probation ? (2) If, not, whether Rule 10 of the Rules is void as offending Arts. 14 and 16(1) of the Constitution ?

(2.) The facts of the case, in brief, are as follows : The petitioner was appointed as a Munsiff in the Judicial Service of the State on 18-7-1980. The period of probation fixed under the Recruitment Rules was two years. The period of probation, in the case of the petitioner, was extended from time to time up to 30-6-1986. It was only on 7th August 1986, a Notification was issued by the High Court declaring that the petitioner had completed his period of probation satisfactorily on 30th June 1986. During the initial period of probation of two years, the petitioner was given two annual increments in the pay scale applicable to the post of Munsiff. But no increments were given thereafter as the rules do not permit the drawing of increments during the extended period of probation. However, after the declaration of satisfactory completion of probation with effect from 30-6-1986, the pay of the petitioner, with effect from 1-7-1986 was fixed giving him the benefit of all the increments which had not been given, except the arrears prior to 1-7-1986 as according to the Accountant General Rule 10 of the Karnataka Civil Services (Probation) Rules 1977 does not permit the payment of arrears. The Rule after its amendment with effect from 1-5-1980 reads :

(3.) The Rule which incorporates a deeming provision by the use of the words 'had he been allowed the increments' clearly means though the Civil Servant is not entitled to draw the increments between the. date of extension of probation and the date with effect from which satisfactory completion of probation is declared, he would be given the benefit of fixation at higher stage as if he had been allowed to draw the increments. By necessary implication the payment of arrears of increments is excluded.