STATE OF KARNATAKA Vs. MOHAMMAD SHAFI

JUDGEMENT

(1.) THE appeal is directed against the order dated 15th april 2009 made in Writ Petition No. 1116/2007 where the respondent-writ petitioner prayed to direct the respondent to fix the salary payable to the petitioner as Member of the Karnataka State Minorities Commission for the period from 23-1-2004 to 22-1-2007 in the manner analogous to the fixation of salary to the members of the Karnataka State minorities Commission for Backward Classes under the following facts and circumstances of the case :

(2.) HEARD Sri B. Veerappa, learned Government advocate appearing for the State and sri A. N. Jayaram, learned Senior Counsel appearing for the respondent-writ petitioner and both the learned Government Advocate and Senior counsel reiterated the submissions that were made before the learned single Judge and we have given our careful consideration to the same.

(3.) IT is not in dispute that the respondent-writ petitioner was nominated under the provisions of the Act namely, Section 3 of the act by notification dated 23-1-2004 and the act provides for payment of salary and allowances. In our considered opinion, therefore, merely because the Rules do not provides or the payment of salary for the Members even though to provides for payment of salary and allowances to the Chairman alone and for the allowances to the Members, there cannot be any estoppel to the rights conferred under Section 4 (3) of the Act for the Members of the Commission also to claim payment of salary. In that view of the matter, we are of the considered opinion that the State is under an obligation to frame necessary Rules for payment of salary of the respondent-writ petitioner also for having nominated him as the members of the Commission and if the respondent-writ petitioner had received any allowances in excess to the allowances allowable under the Rules, the State is at liberty to pass appropriate orders in that regard. The writ appeal is ordered accordingly.