R. PRASAD, S/O. SRI RAMA RAO v. PRINCIPAL SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT (HIGHER EDUCATION)
2017-02-13
A.N.VENUGOPALA GOWDA
body2017
DigiLaw.ai
ORDER : The claim of the petitioners for the benefit of Government Order dated 09.05.2002, granting the benefit of additional increment to the Government servants for having completed 20 years of service in the cadre with effect from 01.04.2002, having been rejected by the first respondent, alleging discriminatory treatment these writ petitions were filed to quash the orders as at Annexures – L and M, insofar as they relate to denying the benefit with effect from 01.04.2002. The petitioners have asked for a mandamus as against the respondents to extend the benefit of additional increment with effect from 01.04.2002, as was done in the case of Government servants as well as employees working in the aided institutions of Pre-University Board and Technical Education Department and grant consequential benefits. 2. Heard learned counsel on both sides and perused the petitions. 3. Facts not in dispute are that the State Government passed an order dated 09.05.2002 granting the benefit of additional increment to the Government servants for having completed 20 years of service in the cadre with effect from 01.04.2002. By an order dated 21.12.2004, Education Department extended the benefit of the aforesaid order to the employees of aided institutions including non-teaching staff of the aided institutions. Petitions filed before this Court were allowed and direction was issued to the Government to consider the claim of the non-teaching staff working in aided institutions under the Pre-University Board. In compliance of the order passed in W.P.Nos.32163-208/1998, State Government passed an order dated 20.05.2005 and extended the benefit of Government Order dated 09.05.2002 to all the non-teaching staff and teaching staff working in aided institutions under the Pre-University Board. By another order dated 22.09.2007, the Education Department of the State Government extended benefit of Government Order dated 09.05.2002 to the employees working in the aided institutions in the Department of Technical Education. 4. The petitioners filed Appeal No.7/2009 under Section 130 of Karnataka Education Act, 1983 before respondent No.1 and sought the grant of benefit of additional increment from the date on which they completed 20 years of service with consequential benefits by referring to the aforesaid Government Order dated 09.05.2002 in respect of non-teaching employees working in aided institutions of Pre-University Board, Technical Education and High School for grant of additional increment with effect from 01.04.2002.
On 07.10.2009, the State Government granted benefit of its said order dated 09.05.2002 to the non-teaching employees in the aided institutions coming under the Department of Collegiate Education with effect from the date of issuance of the Government Order dated 09.05.2002. The claim of the petitioners having been rejected vide order at Annexure-M passed by the first respondent, the petitioners are before this Court for grant of the aforesaid reliefs. 5. The first respondent while passing the order as at Annexure – M, has not kept in view the Government Orders passed vide Annexures – C and H i.e., on 21.12.2004 and 22.09.2007. The order at Annexure-M being bald and laconic was sought to be supported by the learned HCGP with reference to the counter filed to these writ petitions. Learned HCGP conceded that the order at Annexure-M is not a speaking order. 6. Carefully perused the impugned orders. A perusal of the same would clearly demonstrate the non-application of mind by the first respondent. The order should contain cogent reasons and the order should speak for itself. It has been held in a catena of decisions that an order containing no reasons is no order in the eye of law as such decision would be arbitrary. 7. The petitioners allege that the persons similarly situated have been extended with the passing of orders vide Annexures – C and H and that there is discriminatory treatment meted to them. The first respondent has not kept in view the orders, as at Annexures – C and H i.e., while passing the order as at Annexure-M. Thus, the impugned order which is not a speaking order is vitiated and the decision arrived at is arbitrary. In the result, petitions are allowed and the impugned orders quashed. As the appeal filed by the petitioners has not been decided in accordance with law by the first respondent, the case stands remanded to the first respondent for consideration and decision afresh by keeping in view the observations made supra and in accordance with law. Petitioners shall appear before respondent No.1, at 3 p.m. on 04.03.2017 and receive orders. The first respondent shall consider the case of the petitioners with expedition and decide the appeal on or before 31.05.2017. No Costs.