C.S. JAYALAKSHMI Vs. THE TOWN MAHILA SAMAJ (R)

JUDGEMENT

(1.) THIS is most unfortunate case of the petitioner being misguided to approach the Educational Appellate Tribunal, Chickmagalur under Section 94 of the Karnataka Education Act, 1983, ('the Act' for short) for the relief of extension of service from age 58 to 60 on the basis of the Government.. Order permitting such extension to teachers in the service of government aided educational institutions. Section 94 of the Act reads thus:

(2.) A Learned Single Judge, interpreting Section 94 of the Act in Dr. B.N. Vadiraja vs. Dr. Mumtaz Ahmed Khan and others : (2000)6 Kar. L.J. 474B, observed "that the said Section makes it clear that only against an order of dismissal, removal or reduction in rank passed against any teacher or other employee of a private educational institution, an appeal is maintainable and the said appeal is to be filed within three months from the date of communication of the order. There is no scope to grant the above relief of declaration of probation period or direction for payment of leave salary, release of increments and arrears of salary, sanction of T.A. and D.A. etc., by the appellate tribunal constituted under the Act and the orders passed by the employer in 1 respect of the above matters cannot be challenged in an appeal. The order passed which is referred to in sub -section (3) of Section 96 of the Act must be one relating to the order of dismissal, removal or reduction in rank as contemplated under the provisions of Section 94 of the Act."

(3.) THE Karnataka Educational Institutions (Certain Terms and Conditions of Service of Employees in Private Unaided Primary and Secondary and Pre -University Educational Institutions) Rules, 2005, brought in force w.e.f. 13.01.2006 makes no reference to the age of retirement, though provides for minimum number of posts, educational qualification and conditions of "service of employees.R.3(a) provides that educational qualifications for recruitment to the various posts in the educational institutions shall be the same as those applicable to the corresponding category of posts in Government educational institutions, while clause (b) states, where the salary of employees in the educational institutions namely, the unaided Primary, Secondary and Pre -University educational institutions shall not be less than the minimum of the basic of the scale of pay of the corresponding post held by an employee in a Government educational institution and shall be disbursed through Account payee cheques drawn in favour of such employee.R.4 provides for leave',R.5 over the 'schedule of employment' andR.6 states that 'educational institutions shall not compel an employee to give resignation letter either at the time of appointment or subsequently, whileR.7 provides for 'appeal' against the order of the competent authority under the saidR.to be filed before the Tribunal within 90 days.