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2015 DIGILAW 93 (KAR)

Fathima Shaheen v. Government of Karnataka By its Secretary to Department of Education

2015-01-19

L.NARAYANA SWAMY

body2015
ORDER 1. Government of India launched a scheme called “Modernisation of Arabic Madrasas” and under the said scheme, Government of Karnataka has established Directorate for Urdu and Minority Languages Schools in Karnataka to implement the said scheme. 2. The petitioners in these petitions were appointed under the said scheme as Teachers and their appointment was approved as per order Annexure B dated 16th March 1999. As per the scheme, the Government of India sanctioned and released budget to Madrasa for payment of salary to the teachers and to purchase science equipment to the schools. Petitioners were appointed on 1st June 1998 in the Arabic school run by the fifth respondent Trust and appointed under the order of fourth respondent. The petitioners were paid salary from 1998-2002 by the second respondent Director of Education, Gulbarga and they have served till 2007. Despite the fact that the petitioners have served till 2007 and the respondents have not released their salary, a request has been made to the respondents for release of salary. But, so far, the salary has not been paid to the petitioners. Hence, prayer is made for issuance of mandamus to respondents No.2 to 4 to release salary of the petitioners from 2002-2005. In order to fortify the case of the petitioners that the names petitioners have been approved by the Deputy Director, Public Instructions, copy of the Notification dated 16th March 1999 has been produced as Annexure B wherein the names of the petitioners have been shown and the date of appointment also has been shown as 1st June 1998 and the date of approval also is from the date of the order. The head of account No.220280800021 (Scheme) has been mentioned for payment of salary. Order dated 30th October 2006 is being produced as Annexure C in which Rs.77.41 lakh has been released for the said purpose and issued to Director, Urdu and other Minority Languate Schools, Public Instructions Department. In the Annexure produced to the said Government order, names of the petitioners have been referred at Sl.No.8 and 9. The learned counsel for the petitioners submits that when the petitioners have been serving as per the appointment order and as per approval, the denial of their salary for the said period is unjust and arbitrary one. 3. In the Annexure produced to the said Government order, names of the petitioners have been referred at Sl.No.8 and 9. The learned counsel for the petitioners submits that when the petitioners have been serving as per the appointment order and as per approval, the denial of their salary for the said period is unjust and arbitrary one. 3. The learned Government Advocate appearing for the respondents referred the order passed by this Court in Writ Petition No.100491 of 2013 disposed of on 5th March 2013 and Writ Appeal No.50089 of 2013 filed against the said petition which came to be disposed of on 26th June 2013 and submitted that the scheme is launched by the Government of India and as per the said scheme, they should have been the registered institutions and those particulars are not coming out from the documents. 4. Heard both and gone through the judgements placed by the learned Government Advocate. Appointment of teachers under the scheme is forthcoming in the appointment order and the approval order as per Annexure B dated 16th March 1999 and vide Order Annexure C dated 30th October 2006 an amount of Rs.77.41 lakh has been released to the Director, Urdu and Other Minority Language Schools, Public Instructions Department Government of Karnataka and in the list annexed to the said Government Order, the names of the petitioners finds place at Sl.No.8 and 9. When it is not in dispute that the petitioners have served as Teachers for some time, fault is only on the part of the respondents in not releasing the salary. Further, if the petitioners make a representation, it is the duty of the respondents to consider the same and pass appropriate order since they are duty bound to do so. Any inaction on the part of the respondents in not issuing any endorsement is also an arbitrary action. Under these circumstances, I pass the following: ORDER (i) Writ petition is allowed. (ii) The respondents are directed to examine the case of the petitioners in the light of the scheme launched by the Government of India and to release their salary in view of the approval of the appointment of the petitioners and also the names of the petitioners listed and found in Annexure C the Government Order referred to above. (ii) The respondents are directed to examine the case of the petitioners in the light of the scheme launched by the Government of India and to release their salary in view of the approval of the appointment of the petitioners and also the names of the petitioners listed and found in Annexure C the Government Order referred to above. (iii) Time for compliance of today’s order is eight weeks from the date of the receipt of certified copy of the order. (iv) Interest at the rate of 9% per annum is to be paid for the delayed period.