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2019 DIGILAW 915 (KAR)

Karnataka State Private High School And Pre University Collages Library Assistants Association v. State Of Karnataka Represented By Its Secretary, Department Of Education

2019-04-16

R.DEVDAS

body2019
ORDER : R. DEVDAS, J. Though, these matters are listed for “Hearing Interlocutory Application”, with the consent of the learned counsels on both sides, the matters are heard and disposed of finally. 2. The petitioners are serving as Library Assistants at various private aided educational institutions. Some of the petitioners have retired from service. It is contended that the nature of work, duty and responsibility of the Library Assistants at private aided institutions are similar and identical to those working in the Department of Public Libraries. The grievance of the petitioners is that they are being paid meager salary inspite of their carrying out duties similar to Library Assistants in the Department of Public Libraries and there is disparity in fixation of salary as between the private aided educational institutions and public libraries. 3. Learned counsel for the petitioners draws the attention of this Court to the order dated 07.12.2016 in W.P.Nos.48490/2016 & 49628-665/2016, which was earlier filed by the petitioners herein. Learned counsel submits that in the said matters, where similar questions were raised, this Court considering the materials on record allowed the writ petition directing the respondents to redress the grievance of the petitioners within a period of two months from the date of the order. Learned counsel submits that inspite of the order passed by this Court in W.P.Nos.48490/2016 & 49628-665/2016, the respondents have rejected the claim of the petitioners and issued the impugned Government Order dated 25.09.2017. Being aggrieved, the petitioners are before this Court. 4. Learned counsel for the petitioners draws the attention of this Court to another decision of Coordinate bench of this Court in W.P.No.105767-780/2015 in the case of Mahadeva and others /vs./ State of Karnataka and others, which was decided at the Dharwad Bench, on 10.07.2015. Learned counsel submits that the petitioners in W.P.No.105286-295/2015 in the case of Sri Mahanthesh and others /vs./State of Karnataka, which was decided on 17.07.2015 were issued with similar endorsement/ Government Order rejecting their claim. Learned counsel submits that the petitioners in W.P.No.105286-295/2015 in the case of Sri Mahanthesh and others /vs./State of Karnataka, which was decided on 17.07.2015 were issued with similar endorsement/ Government Order rejecting their claim. This Court while considering the objections held that “it is relevant to state at this stage that, the Block Education Officer who is the competent authority to consider the representation cannot interpret the order passed by this Court according to his own whims and fancies and while exercising his power he should apply his mind and cannot discriminate the petitioners in pursuance of the relief granted as per AnnexureC and he should not issue the endorsement in this nature. It amounts to disobedience of the order passed by this Court. In view of the same, the respondent Nos.5 to 9 shall pass orders without prejudice to the case of the petitioners.” 5. Learned counsel has produced a copy of the Government Order dated 18.12.2017 consequent to the directions issued by this Court in W.P.No.105286-295/2015 in the case of Sri Mahanthesh (supra). 6. Having gone through the Government Order dated 18.12.2017, it is evident that the respondents have reconsidered the claim of the petitioners therein and thereafter complied with the directions issued by this Court that the Library Assistants are entitled for parity of pay as that of the Library Assistants of Department of Public Library. The order issued by this Court in W.P.No.105286-295/2015 has been complied with as per Government Order dated 18.12.2017. 7. In that view of the matter, similar benefit is also required to be given to the petitioners herein who are working or had worked as Library Assistants at various private aided educational institutions. As a consequence, the impugned order at Annexure-N dated 25.09.2017 is hereby quashed and set aside. The respondents are directed to consider the representation of the petitioners and pass similar orders as was passed in Government Order dated 18.12.2017, bearing in mind that some of the petitioners are still in service, while some of them have already retired. The respondents shall consider and pass orders as expeditiously as possible, at any rate within a period of three months from the date of receipt of certified copy of this order. Writ petitions are accordingly disposed of.