MOHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner a retired teacher of Aided Educational Institution, is call ing in question the fixation of 06.07.2016 to be the effective date for grant of increments under the Government order dated 14.06.2012, a copy whereof is at Annexure- 'C'. After service of notice, the respondents have entered appearance through the learned AGA Sri.A.R.Rodrigues.

(2.) The learned counsel for the petitioner Sri. Ramesh Zirali, appearing for the counsel on record vehemently submits that the service conditions of the employees of Aided Educational Institutions are governed by the Provisions of Section 87 of the Karnataka Educational Act, 1983; the said section provides that the service conditions of employees of these Educational Institutions shall be on par with those of corresponding category of employees of Government Institutions; therefore, if the increments are granted to the similarly circumstanced employees of the Government schools with effect from 14.06.2012, under the Order at Annexture-'C', the same cannot be postponed by the Government qua the employees of other institutions as has been done, under the impugned order dated 06.07.2016 at Annexure-'D'.

(3.) The learned AGA Sri.A.R.Rodrigues opposes the writ petition stating that the grant of increments is a matter left to the decision of the Government of the day; several factors having financial implications enter the domain of such decision making; it is not that no increments are granted to the petitioner, but the granting of same is postponed for the best reasons in the Executive wisdom. So arguing, he seeks dismissal of the writ petition.