In the High Court of Karnataka at Bangalore

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 22 ND DAY OF SEPTEMBER, 2012 BEFORE THE HON'BLE MR.JUSTICE SUBHASH B. ADI WRIT PETITION NO: 21394/2011 (S-RES) BETWEEN P CHANDRIKA, AGED ABOUT 49 YEARS, D/O PUSHPARAJAN, NO.170, SHANTHI NIVAS, VIVEKANAGAR, BANGALORE – 47. ... PETITIONER (BY SMT: PRAMEELA NESARGI SENIOR ADVOCATE FOR M/S PRAMEELA ASSOCIATES, ADVOCATES) AND: 1. STATE OF KARNATAKA, BY ITS SECRETARY, EDUCATION DEPARTMENT. 2. DIRECTOR, BOARD OF TECHNICAL EDUCATION DEPARTMENT, SHESHADRI ROAD, BANGALORE – 5600 01. 3. PRINCIPAL, GOVERNMENT WOMEN’S POLYTECHNIC, BANGALORE – 560 001. 2 4. B H VARALAKSHMI AGED ABOUT 45 YEARS, LECTURER IN ADFT GOVERNMENT WOMEN’S POLYTECHNIC, HASSAN. ... RESPONDENTS (BY SRI: RAGHAVENDRA G GAYATHRI, HCGP FOR R1 AND R2, SRI B.H SRINIVASA MURTHY ADVOCATE FOR R4, R3 IS SERVED BUT UNREPRESENTED). THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 22.11.2010 ISSUED BY THE SECOND RESPONDENT VIDE ANNEXURE-F AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER In this writ petition, the petitioner has sought for quashing of an endorsement dated 22.11.2010 issued by the second respondent produced at Annexure-F, wherein the petitioner request for an extension of AICTE Pay scale is rejected. 2. Learned senior counsel for the petitioner submits that, the Government by its order dated 3 22.11.2006 has extended AICTE Pay scale to the Lecturers / Teachers in non-Engineering subjects who were appointed before 01.04.1993 (i.e. before extension of 1986 pay scale) with at least second class diploma in concerned subject and four years experience in the concerned field. However, though the petitioner is qualified with Diploma in Costume Design and has an experience of more than four years, and entitle for the AICTE Pay scale in terms of the Government Order, however, the same has been denied. It is also submitted that, similarly placed other employees, the AICTE Pay scale has been extended to the Librarians and other categories. Despite of this, the respondent Nos. 1 and 2 has erroneously rejected the same. 3. Learned Government pleader relied on the Government orders dated 18.07.1994 and 28.07.2000 at Annexure – R2 and Annexure-R3 and submitted that AICTE Pay scale is not applicable to the Assistant Lecturers who are on the State Scales of pay of Rs.1720 – 3170 and Rs.1400-2750 such as Printing, 4 Lithography, Library Science, Lecturer Costume Design and Dress Making etc. The minimum qualification prescribed under Karnataka Education Department Service (Technical Education Department) Recruitment Rules, 1987 requires Bachelor Degree in Arts or Science with Diploma in Cosmetic Design and Dressing, as such, the petitioner is not entitled for AICTE Pay- scale. 4. The impleading applicants claims that, if the petitioner is not extended the AICTE Pay- scale there is a possibility his recruitment to the post in which the petitioner is now working as a Lecturer. 5. As far as impleading application is concerned. The petitioner is not seeking any relief against the respondent No.4. The only relief as sought for is extension of AICTE Pay scale. Respondent No.4 is concerned as no relief is sought, as such, no reason to consider his objection statement for the purpose of disposal of this writ petition. 5 6. In so far as the claims of the petitioner is concerned. It is not disputed by the Government Pleader that, the Government has issued an Order dated 22.11.2006 the Government No.ED 77 DTE 2003 (1) Bangalore, dated 22.11.2006 the said order reads as under: “This extension of AICTE pay scales will applicable to the Lecturers / Teachers in non engineering subjects who were appointed before on 01.04.1993 (i.e. before extension of 1986 pay scale) with atleast second class Diploma in concerned subject and four years experience in the concerned field”. 7. This order makes it clear that, the non- engineering Teachers or Lecturers who have got Diploma in the concerned subjects with four years experience would be entitled for benefit of AICTE Pay scale. This order also refers earlier orders of the Government dated 18.07.1994 and 28.07.2000. Having regard to the same, the Government having taken decision to extend said benefit if the petitioner is 6 qualified with Diploma with four years experience he is entitled for the said benefit. It is also submitted that, similarly placed Lecturers have been given the benefit under the above mentioned Government Order. Hence, having regard to these circumstance, I pass the following: ORDER (i) The writ petition is here by allowed. (ii) The petitioner is entitled for AICTE Pay scale if he fulfils the conditions stipulated in the Government order dated 22.11.2006 produced at Annexure-B. Sd/- JUDGE DP*.

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