YASMEEN BEGUM Vs. BOARD OF DIRECTORS KARNATAKA LEATHER INDUSTRIES DEVELOPMENT CORPORATION LIMITED BANGALORE

JUDGEMENT

(1.) HEARD the arguments of learned Counsels on both sides.

(2.) PETITIONER joined the services of respondent-Leather Industrial Corporation Limited (the Corporation' for short) as a Second Division Assistant ('sda' for short) in the year 1969. When she so joined the service on the establishment of respondent-Corporation, she had completed S. S. L. C. examination having studied in Urdu Medium up to 7th standard and the high school classes in English Medium. Somewhere in 1996, her salary increments were withheld by the Corporation on the ground that she had not passed Kannada language examination. Then, she gave a representation to the respondent-Corporation vide Annexure-E, dated 29- 10-1998, requesting it to release the same. On her representation, the salary increments were notionally released by the respondent-Corporation without any financial benefit to petitioner through its office order dated 12-1-1999 vide Annexure-F, and extending the financial benefit of increments to her only from 15-12-1998. Immediately thereafter, another order dated 27-1-1999 vide Annexure-A of the respondent-Corporation followed withdrawing its earlier order dated 12-1-1999 (Annexure-F ). Hence, the petitioner has approached this Court with her writ petition praying that the said order dated 12-1-1999, vide Annexure-F and the order dated 27-1-1999 (Annexure-F) of the respondent-Corporation may be quashed as void and inoperative. It is further prayed that a writ of mandamus be issued to the respondent-Corporation not to apply the Karnataka Civil Services (Service and Kannada language Examination) Rules, 1974, to the petitioner's case, since these rules are not adopted by it for its employees.

(3.) MR. B. C. Prabhakar, learned Counsel for respondent-Corporation was fair enough in his submission that as contended by the petitioner, there is no service rule governing the conditions of the employees of the corporation which makes it obligatory for them to pass any Kannada language examination to earn the annual increments in their salaries. It was further submitted that the Karnataka Civil Services (Service and kannada Language Examination) Rules, 1974, are not adopted by the respondent-Corporation as applicable to its employees. Therefore, I find that the petitioner's contention that these rules are not applicable to her service under the Corporation is entitled to be upheld. And there being no any other such rule made by the Corporation as a service condition of petitioner's service, it cannot proceed to withhold any increment from her salary or any part thereof on the ground that she had not passed any particular Kannada language examination.