LINGANNA K NAYAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Writ Petition by as many as 67 persons who claim to be working as teachers in private aided educational institutions and appears had represented to the Government to extend them the benefit of two increments for having qualified or passed in a Departmental examination in Kannada and would further claim that they had not been extended such benefit though they passed examination quite sometime back and according to the petitioners some having passed them even from the years 1982 to 1987 till which time a rule extending such benefit was in vogue but which had been later discontinued.

(2.) Submission of Sri Chandrakanth Goulay, Learned Counsel appearing for the petitioners is that the petitioners in a representative capacity had appealed to the respondent State to extend the benefit of granting two increments to the petitioners as some other persons similarly situated had approached this Court and this Court had issued positive orders in many such cases illustrative of which is the order dated 22nd March 2005 passed in W.P.No.50658/2003 and connected cases and that the endorsement issued by the respondent dated 05.07.2005, copy at Annexure-G, declining to extend such benefit on the representation of the petitioners is contrary to the view taken by this Court in the writ petition referred to above and many other similar petitions and that, in fact, many more writ petitions are still pending on the very case. One such being W.P.No.25688/2005.

(3.) The further submission of the Learned Counsel for the petitioners is that the-endorsement being issued by an officer of the State and the petitioners being employees of private aided institutions, writ petitioners have no other remedy other than to approach this Court. Learned Counsel submits that the endorsement is clearly in violation of the directions that had been issued by this Court in similar matters and, therefore it has to be necessarily quashed.