Writ Appeal No. 1374 of 2024 · The High Court
Case Details
- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 PRESENT THE HON’BLE MR. N.V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.I.ARUN WRIT APPEAL NO.1374 OF 2024 (S-RES) BETWEEN: 1 . 2 . 3 . 4 . THE COMMISSIONER AND EDUCATION SECRETARY DEPARTMENT OF HIGHER EDUCATION (COLLEGIATE EDUCATION) GOVERNMENT OF KARNATAKA M.S. BUILDING, 6TH FLOOR BANGALORE - 560 001. THE COMMISSIONER OF COLLEGIATE EDUCATION, IN KARNATAKA DTE BUILDING, 2ND FLOOR PALACE CROSS ROAD BANGALORE - 560 001. JOINT DIRECTOR OF COLLEGIATE EDUCAION IN KARNATAKA REGIONAL OFFICE VINOBHA ROAD, MYSORE - 570 005.
Legal Reasoning
THE PRINCIPAL SBRR MAHAJANA FIRST GRADE COLLEGE JAYALAKSHMIPURAM MYSORE - 570 012. - 2 - 5 . OFFICE OF THE ACCOUNTANT GENERAL IN KARNATAKA (A AND E) PARK HOUSE ROAD BANGALORE - 560 001 REPRESENTED BY PRINCIPAL ACCOUNTANT GENERAL (A AND E).
Legal Reasoning
(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE) ... APPELLANTS AND: 1. SMT. MAHALAKSHMI W/O. SRI S. SUDARSHAN AGED ABOUT 70 YEARS R/AT NO.7, THIRUVENGADAM JAYALAKSHMIPURAM MYSORE - 570 012. ... RESPONDENT (BY SRI V. SRINIVASA RAGHAVAN, SENIOR ADVOCATE FOR SRI SAHAN DEVANATHAN, ADVOCATE) --- THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE ORDER DATED 30.10.2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.NO.50371/2018 (S-RES), ETC. THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, M.I.ARUN J., DELIVERED THE FOLLOWING: - 3 - CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N.V. ANJARIA and HON'BLE MR. JUSTICE M.I.ARUN CAV JUDGMENT (PER: HON'BLE MR. JUSTICE M.I.ARUN) Aggrieved by the order dated 30.10.2023 passed by learned Single Judge in Writ Petition No.50371 of 2018, the respondents therein have preferred the writ appeal. 2. The issue in the instant writ appeal pertains to whether the respondent herein would be entitled to fixation of her pay scale as per the Government Order bearing No.ED 34 UEC 92, Bangalore dated 28.01.1995. 3. The respondent herein was serving as a Librarian in appellant No.4-institution. She is said to have been appointed on 01.08.1982 and retired on 31.01.2006. Writ Petition No.50371 of 2018 has been filed by her on the ground that she is entitled for the benefit of UGC pay scale as contemplated in the Government Order dated 28.01.1995. The learned Single Judge on the ground that a librarian who did not have a Master's Degree was given five years' time by the Government Order to complete the same in order to avail the benefits under - 4 - the said order for her pay fixation and that the petitioner was informed about the government order on 13.11.1995 and that the respondent herein obtained the Master's Degree in Library Science on 20.09.2000, which is within the stipulated period of five years, has allowed the writ petition and directed the authorities concerned to extend her the necessary benefits as per the government order, against which the present appeal is preferred. 4. It is the case of the appellants that the respondent herein was required to obtain the Master's Degree in Library Science within a period of five years from the date of coming into effect of the government order and not from the date on which she came to know of the said order. It is submitted that the learned Single Judge erred in computing the relevant date from the date on which the respondent herein is said to have come to know of the government order instead of considering the date on which the relevant government order came into effect and compute five years from the said date. It is submitted that the said government order came to effect from 28.01.1995 and to avail the benefit of the said order, the respondent herein was required to obtain the Master's Degree in Library Science on or before 27.01.2000 and admittedly, she has obtained the - 5 - Master's Degree in Library Science on 20.09.2000 and she is not entitled to the said benefit. On the said ground, it is prayed that the order of the learned Single Judge be set aside and the writ petition be dismissed. 5. Per contra, the respondent herein justifies the order of the learned Single Judge and prays for dismissal of the writ appeal. 6. The only question that arises for consideration in this appeal is whether the respondent herein is entitled to the benefit of the government order dated 28.01.1995 under the given facts and circumstances of the case? 7. The Government Order bearing No.ED 34 UEC 92, Bangalore dated 28.01.1995 reads as under: "GOVERNMENT ORDER No. ED 34 UEC 92, BANGALORE, DATED: 28TH JANUARY 1995 1. In partial modification of Government Order No. ED 34 UEC 92, dated 25.6.93, sanction is hereby accorded to extend the benefit of the revised University Grants Commission scales of pay to the Librarians working in Government as well as Aided First Grade Degree Colleges with effect from 01.01.1986 as contemplated in Government Order No. ED 15 UEC 89, dated 05.04.1991 subject to the fulfilment of the qualifications indicated in the statement infra - 6 - with reference appointment. to the respective date of Sl.No. Date of Appointment Qualification for Librarians 1 2 3 1. Persons appointed prior to 31.12.72 Basic degree plus B. Library Science Degree 2. Persons appointed between 01.01.73 to 31.12.85 Master's Degree in B. Lib. Science, Degree 3. Persons appointed between 01.01.86 to 05.04.91 4. Persons appointed on or after 05.04.1991 First or second class basic degree plus first or second class M.Lib. Science or First or Second Class Master's Degree and first or second class B.Lib Science or Diploma in Library Science. i) Good academic record with at least a high second class Master's Degree in a subject other than Lib.Science. in ii) Master's Lib.Science with first or high second class. degree 2. The Librarians who do not possess the qualifications mentioned at column (3) of the above table with reference to their date of appointment shall be given five years' time to acquire the said qualification at their own cost. Such of the Librarians who have acquired the requisite qualification relevant them as specified in column (3) of the above table to - 7 - in the future between the period 01.06.1986 till the date or who acquires requisite qualification relevant to them as in column (3) of the above table, shall be given senior the date of scale/selection grade acquisition duly such computing their previous regular service in the cadre of Librarians. qualifications from of 3. 4. The provisions of (i) Government Order No. ED 57 UNI 91, dated 11 June 1991, (ii) Government Order No. ED 315 DCE 91, dated 04.01.1992 issued in respect of Lecturers of in Degree Colleges relating Career Advancement and refresher courses for placement in senior scale and selection grade thereunder respectively are hereby extended to the Librarians of Government and Aided Degree Colleges also. to relaxation The other conditions the Government order dated 25.06.93 shall continue to be applicable. laid down in 5. Necessary amendments to the Cadre and Recruitment Rules will be issued in due course. 6. This order issues with the concurrence of the Finance Department vide U.O.No.FD 55 Exp. VIll/95, dated 19.1.1995." 8. Admittedly, the Government Order has come into effect from 28.01.1995. The time stipulated for a Librarian to obtain the Master's Degree to take the benefit of the Government Order has to be construed as five years from the date of issuance of the government order and not from the date when - 8 - the person was intimated about the same. The law applies to the persons for whom it is meant once it is notified and comes into effect. The Government Order became effective and operated from the date it was issued. 9. A person is presumed to know about the law when it came into effect. The Government Order is a law and not a proposal which needs to be accepted to form an agreement. Under the said circumstances, it has to be held that the learned Single Judge committed an error in computing the relevant period of five years with effect from the date on which the respondent herein is said to have been intimated about the government order. If the period of five years is computed from the date of coming into effect of the government order, the relevant date would be 28.01.1995 and admittedly, the respondent herein has not obtained the Master's Degree within a period of five years since then. Hence, she is not entitled to the benefits under the government order. 10. For the aforementioned reasons, the writ appeal is hereby allowed and the order dated 30.10.2023 passed by the learned Single Judge in Writ Petition No.50371 of 2018 is - 9 - hereby set aside and Writ Petition No.50371 of 2018 is hereby dismissed. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE hkh.