Supreme Court of India

KARNATAKA STATE GOVERNMENT FIRST GRADE COLLEGES PART-TIME LECTURERS' ASSOCIATIONversusSTATE OF KARNATAKA

Citation: 1995 INSC 558
Decided: 11 September 1995
Disposal: Dismissed
Bench: K RAMASWAMYB L HANSARIA

Holding

The sub‑committee constituted by the State Government is a valid forum for the petitioners to make representations, and the writ petition is therefore dismissed.

Summary

The Karnataka State Government First Grade Colleges Part‑Time Lecturers' Association filed a writ petition under Article 32 of the Constitution alleging that the State Government had not adequately addressed the grievances of part‑time lecturers. The State Government responded that it had constituted a sub‑committee to consider all such grievances and that the Minister had publicly affirmed this mechanism. The petitioners argued that the sub‑committee did not satisfy their right to a fair hearing. The Court examined whether the existence of the sub‑committee fulfilled the petitioners' constitutional claim for redress. It held that the sub‑committee provides a proper forum for representation and that the petitioners may present their case before it like any similarly situated person. Consequently, the writ petition was dismissed.

Issues considered

Whether the State Government's constitution of a sub‑committee for part‑time lecturers' grievances satisfies the petitioners' right to constitutional redress under Article 32.
Whether the petitioners are entitled to a separate hearing beyond the sub‑committee process.

Legislation cited

Constitution of Indias. Article 32

Subjects

service lawpart‑time lecturersgrievance redressalsub‑committeewrit petitionArticle 32

Judgment

A          KARNATAKA STATE GOVERNMENT FIRST GRADE
           COLLEGES PART-TIME LECTURERS' ASSOCIATION
                        (REGD ). AND ANR.
                                 v.
                      STATE OF KARNATAKA
B                             SEPTEMBER 11, 1995

                (K. RAMASWAMY AND B.L. HANSARIA, JJ.)

          Se1vice Law :
c        State of Kamataka-Govemment Colleges-..Pa1t-Time Lecturers--
    Grievances-Constitution of Sub-Committee for redressa/.

          Dismissing the writ petition, this Court

D          HELD : A Sub-committee has been constituted by the State Govern-
    ment to consider the grievances of the part-time lecturers. It would be open
    to the petitioners to make a representation before the sub-committee along
    with all other persons similarly situated. (532-G]

          CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 21 of1994.
E         Under Article 32 of the Constitution of India.

          D.K. Garg, L.K. Gupta and R.S. Thakkar, for the Petitioners.

          M. Veerappa, for the Respondents.

F         The following Order of the Court was delivered :

           It is stated in the rejoinder-affidavit that a sub-committee has been
    constituted by the State Government to consider the grievances of the
    part-time lecturers and the cases of all such persons would be considered
    by the sub-committee. The Minister in charge also seems to have made a
G   statement to that effect on the floor of the House. If that is so, it would be
    open to the petitioners to make a representation before the sub-committee
    along with all other persons similarly situated.

          The writ petition is accordingly dismissed.

    T.N.A.                                                    Petition dismissed.
                                         532
                           DHAYANAND ETC. ETC.                                      A


-                                        v.
                         UNION OF INDIA AND ORS.

                             SEPTEMBER 12, 1995

                (.J.S. VERMA AND K. VENKATASWAMI, JJ.]                              B

         Service Law:

         Punjab Re-Organisation Act, 1966 : Ss.2(g) and 88.

         Punjab Government National Emergency (Concession Rules,                    c
    1965/Punjab Recntitment of Ex-se1vicemen Rules, 1982:

          Conditions of Se1vice of Union Te1Titory of Chandigarh Employees
    Rules, 1966 : Rules 2, 3 and 4.

          Ex-servicemen-Re-employed in Services of Union Tenitory of Chan-          D
    digarh subsequent to 1.11.1966--Claim for benefit of earlier milit01y service
    regarding seniority, promotion, pension etc. under 1965 Rules-Held, 1965
    Rules continued to apply to eligible ex-service Re-employed in Services of
    Union Tenitory of Chandigarh after 1. 11.1966.
                                                                                    E
          The appellants and the writ petitioners, who were ex- servicemen and
    were re-employed in the services of the Union Territory of Chandigarh
    subsequent to 1.1.1966, claimed benefit of the Punjab government National
    Emergency (Concession) Rules, 1965 for purposes of increments, seniority
    promotion, pension etc. Though G.O. No. 1023.11.1(7)-87/5025 dated
    19.3.1987 issued by the Union Territory Administration, had provided that · F
    the benefit of military service in accordance with the 1965 Rules would be
    available to ex-servicemen, but subsequently, this view was altered in G.O.
    No. 27/1/3/92 - 18(7)/10935 dated 2.6.1992. The Central Administrative
    Tribunal and the Punjab & Haryana High Court held that the 1965 Rules
    did not apply to appointees in services of the Union Territory after G
    1.1.1966. Aggrieved, the employees tiled the appeals by special leave and
    the writ petit!::-

          It was contended on behalf of the Union Territory that the benefit of
    the 1965 Rules was available only to the ex-service men employed prior to
    1.11.1966, since they were appointed ill' the State of Punjab and carried       H
                                        533

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