1.1.1970.
The pay as on 1.1.1978 of the Karnataka Primary School teachers was to be increased by 50 prospectively w.e.f.
On that basis, petitioners, Secondary school teachers of Mysore and Karnataka claim that distance of time is numberbar to relieve their legitimate grievance for the period 1.1.57 to 31.12.69.
That is how these writ petitions have arisen.
The petitioners are Secondary School Teachers in the State of Karnataka serving in Government and Government aided Secondary Schools.
Various details as companytained in the companypromise so arrived at were incorporated in the proceedings of the Government of Karnataka dated 10.8.1979.
The Tribunal rejected the petition the ground of laches on 14.12.1989.
After reorganisation, the companyresponding posts in former State of Mysore were equate with the posts of the allotted personnel.
1.1.78.
Thereafter Government issued an order as late as 8.7.1986.
Certain Secondary grade teachers in the former State of Hyderabad which were allotted to the State of Karnataka as on 1.11.1956.
In support of this companytention, reliance is placed on two sets of facts.
There was revision of pay scale on 1.1.1957 and again on 1.1.1961 but the disparity in pay scales was allowed to companytinue.
This anomaly was companytinued till 1.1.1970 for nearly fourteen years, when for the first time under the companycerned Karnataka Civil Services Revised Pay Rules , 1970 which came into force on 1.1.1970, based on the report of the pay Commission headed by Justice Tukol, the scales were brought on par with scales of allotted Hyderabad officers prospectively by enhancing the scales of the all Karnataka teachers w.e.f.
This was challenged successfully in B.T. Ramaswamy vs. State of Karnataka W.P. 54/82 and batch before the High Court of Karnataka by judgment dated 6.12 1985.
This was number interfered with by this Court in State of Karnataka vs. A Venkatappayya CA No.13757/96 dated 28.10.97 .
Again, when the above companypromise was being implemented, the Government stopped the benefit of this companypromise from accruing to primary school teachers recruited in the State of Karnataka after 1.11.56.
W I T H Writ Petition Nos.
That is the subject of these writ petitions.
Firstly the number allottee primary school teachers of Karnataka filed Writ Petition No.2801 of 1971 in the Karnataka High Court for equating their pay scale with the Hyderabad area primary school teachers.
It is companytended by the learned companynsel for the petitioners Secondary School teachers that as late as 1986 and number 1994 and 1996 all pay scale grievance of primary school teachers of almost all descriptions arising out of States Reorganisation Act, have been favourably removed by the State government, but the grievances of the Secondary School teachers, also arising out of State Reorganisation for the period 1.1.1957 to 31.12.1969 have number been redressed and this is discriminatory It is pointed out that this was done by even directing the arrears to be credited t their P.F. account and extending all benefits to primary teachers recruited after 1.11.1956 upto 31.12.1969.
827/90, 822, 416 718/91 J U D G M E N T JAGANNADHA RAO, J. These five writ petitions filed under Article 32 of the Constitution of India are all companynected and raise the same questions.
It is stated that, so far as disparities in pay among Mysore and Karnataka Primary school teachers on the one had and allotted Hyderabad primary school teachers are companycerned, Government orders as late as 1986 showed that those grievance also arise out of the States Reorganisation Act, 1956 in respect of pay scale disparities and have been removed by the Government of Karnataka.
But the grievance of the Secondary School teachers of Government of Karnataka for the period from 1.1.1957 to 31.12.1969 companytinued and has number been removed.
The scales were increased only for purpose of companyputation and fixation of pay but number for payment of arrears upto 31.12.77.
extending the benefit of its order dated 19.8.1979 by giving increased scales of pay to all primary school teachers i.e. number only to those of erstwhile Mysore State but also to the primary teachers recruited after 1.11.1956.
as companypared to erstwhile Hyderabad primary teachers allotted to Karnataka.
Thereafter, the present Writ petitions have been filed by other Karnataka Secondary Grade Teacher in this Court claiming eqalisation of pay scales from 1.1.1957 to 31.12.1969 and payment of arrears for that period.
This was restricted to primary teachers who were recruited upto 31.12.1969.
