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2015 DIGILAW 1338 (KAR)

State of Karnataka v. S. Kumar

2015-12-14

B.VEERAPPA, MOHAN M.SHANTANAGOUDAR

body2015
ORDER : Mohan M. Shantana Goudar, J. 1. The respondents were appointed as Lecturers in Government Pre-University College in September 2009, which means, they were appointed after August 2008. As per the interim recommendations of the 5th State Pay Commission, the Government vide Government Order dated 12-5-2006 sanctioned special allowances of Rs. 200/- p.m. to the teachers including Lecturers working in Pre-University Colleges with effect from 1-4-2006. The same was continued vide Government Order dated 29-8-2008 to the teachers who are getting the said benefit as per Government Order dated 12-5-2006. It is stated in the Government Order dated 29-8-2008 that the teachers who are appointed after August 2008 are not entitled to claim special allowance as per Government Order dated 12-5-2006. Since the respondents were appointed after August 2008, according to the State Government, they are not entitled for the benefit of special allowance and consequently, special allowance was not granted to the respondents. 2. Being aggrieved by the non-consideration of the request of the respondents for grant of benefit of special allowance, the respondents herein filed Application Nos. 7100 to 7103 of 2010 before the Karnataka Administrative Tribunal seeking direction to the petitioners herein to consider the case of the respondents for payment of special allowance from the date of their appointment. 3. Application Nos. 7100 to 7103 of 2010 filed by the respondents herein were allowed by the impugned order dated 3-6-2013 with the following directions: "In view of the above, the action of the respondents in denying special allowance to the applicants herein is not justified. In the result, the applications are allowed. The respondents are directed to consider the case of the applicants for payment of special allowance in terms of the Government Order dated 12-5-2006 as sought in these cases by the applicants. Time for compliance is three months from the date of receipt of a copy of this order." 4. We do not find any ground to interfere with the order dated 3rd June, 2013 passed by the Karnataka Administrative Tribunal in Application Nos. 7100 to 7103 of 2010 at Annexure-A, inasmuch as, the same is just and proper under the facts and circumstances of the case. 5. The State Government by relying upon the order dated 29-8-2008, vide Annexure-A8 contends that the respondents are not entitled for the benefit of special allowance of Rs. 7100 to 7103 of 2010 at Annexure-A, inasmuch as, the same is just and proper under the facts and circumstances of the case. 5. The State Government by relying upon the order dated 29-8-2008, vide Annexure-A8 contends that the respondents are not entitled for the benefit of special allowance of Rs. 200/- p.m. The Government Order dated 29-8-2008 vide Annexure-A8 merely pertains to the Primary School Teachers and not the Lecturers of PU Colleges. Thus, the Government Order dated 29-8-2008 clearly states that the recommendation of the 5th State Pay Commission regarding reckoning of the Special Allowance of Rs. 200/- per month sanctioned to Primary School Teachers as a component for fixation of pay in the revised scale 2007 is not accepted by the Government. It is also mentioned in the very order that the Primary School Teachers who are appointed on or after 1-8-2008 are not entitled for special allowance of Rs. 200/- p.m. It further makes it amply clear that the Primary School Teachers who are appointed prior to 1-8-2008 are only entitled for the special allowance of Rs. 200/- per month. From the Government Order dated 29-8-2008, it is amply clear that the Government has not accepted the recommendations of the 5th State Pay commission with regard to payment of special allowance of Rs. 200/- to the Primary School Teachers only. In respect of other categories of the teaching staff i.e., High School Teachers as well as PU College Lecturers, the Government Order dated 12-5-2006 granting special allowance at Rs. 200/- p.m. will continue. Since the Government Order dated 29-8-2008 is simple and clear, we do not find any ambiguity in the said order. In this view of the matter, other teaching staff including the respondents who are Lecturers of PU Colleges are entitled to the benefit of special allowance. Hence, no interference is called for. Petitions fail. Accordingly, writ petitions are dismissed.