High Court of Karnataka Allows Writ Petition for Kannada Language Increment to Retired Teacher — Denial of Increment Set Aside. Petitioner, a retired Assistant Teacher, was entitled to one Kannada Language Increment under Rule 9(2) of the Karnataka Civil Services (Service and Kannada Language Examination) Rules, 1974, having studied in Kannada medium up to SSLC with Kannada as a subject.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Accused

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2026-05-18 20:45:18

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Case Note & Summary

The petitioner, Smt. Seethalaxmi, a retired Assistant Teacher, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. She sought to quash the order dated 19/01/2022 passed by the Karnataka State Administrative Tribunal in Application No.597/2021 and the endorsement dated 27/10/2020 issued by the Deputy Director (Administration), Department of Public Instruction, Udupi, which denied her one Kannada Language Increment. The petitioner had studied in Kannada medium up to SSLC with Kannada as one of the subjects and had served for a long period before retiring on superannuation. The respondents, including the State of Karnataka and other education department officials, opposed the claim. The court, after hearing arguments, found that the petitioner was entitled to the increment under Rule 9(2) of the Karnataka Civil Services (Service and Kannada Language Examination) Rules, 1974. The court noted that the denial was based on a misinterpretation of the rules and that the petitioner's educational qualifications satisfied the condition for the increment. Consequently, the court allowed the writ petition, quashed the impugned order and endorsement, and directed the respondents to grant the petitioner one Kannada Language Increment with all consequential benefits, including arrears, within three months.

Headnote

A) Service Law - Kannada Language Increment - Rule 9(2) of Karnataka Civil Services (Service and Kannada Language Examination) Rules, 1974 - Entitlement of Retired Employee - The petitioner, a retired Assistant Teacher, sought quashing of the order dated 19/01/2022 passed by the Karnataka State Administrative Tribunal and the endorsement dated 27/10/2020 denying her one Kannada Language Increment. The Court held that the petitioner, having studied in Kannada medium up to SSLC with Kannada as a subject, was entitled to the increment under Rule 9(2) of the 1974 Rules, and the denial was unsustainable. (Paras 1-5)

Issue of Consideration

Whether the petitioner, a retired Assistant Teacher, is entitled to one Kannada Language Increment under Rule 9(2) of the Karnataka Civil Services (Service and Kannada Language Examination) Rules, 1974, despite having retired and not having passed the Kannada Language Examination?

Final Decision

Writ petition allowed. Impugned order dated 19/01/2022 of Karnataka State Administrative Tribunal and endorsement dated 27/10/2020 are quashed. Respondents directed to grant petitioner one Kannada Language Increment with all consequential benefits, including arrears, within three months.

Law Points

Kannada Language Increment
Rule 9(2) of Karnataka Civil Services (Service and Kannada Language Examination) Rules
1974
Entitlement of pensioners
Interpretation of service rules
Writ of Certiorari

Case Details

2024 LawText (KAR) (02) 25

Writ Petition No.3674 of 2022 (S-KSAT)

2024-02-07

Krishna S Dixit, G Basavaraja

Vighneshwar S Shastri for Gururaj R (for petitioner), Khamroz Khan (AGA for respondents)

Smt. Seethalaxmi

State of Karnataka, Commissioner of Public Instructions, Deputy Director (Administration), Block Educational Officer, Accountant General (A and E)

Nature of Litigation

Writ petition challenging denial of Kannada Language Increment to a retired Assistant Teacher.

Remedy Sought

Quashing of order dated 19/01/2022 of Karnataka State Administrative Tribunal and endorsement dated 27/10/2020, and declaration that petitioner is entitled to Kannada Language Increment.

Filing Reason

Denial of one Kannada Language Increment to which the petitioner claimed entitlement under Rule 9(2) of the Karnataka Civil Services (Service and Kannada Language Examination) Rules, 1974.

Previous Decisions

Karnataka State Administrative Tribunal dismissed Application No.597/2021 on 19/01/2022.

Issues

Whether the petitioner is entitled to one Kannada Language Increment under Rule 9(2) of the Karnataka Civil Services (Service and Kannada Language Examination) Rules, 1974? Whether the impugned order and endorsement denying the increment are sustainable?

Submissions/Arguments

Petitioner argued that she studied in Kannada medium up to SSLC with Kannada as a subject and is entitled to the increment under Rule 9(2). Respondents opposed the claim, but specific arguments not detailed in the judgment.

Ratio Decidendi

A retired civil servant who studied in Kannada medium up to SSLC with Kannada as a subject is entitled to one Kannada Language Increment under Rule 9(2) of the Karnataka Civil Services (Service and Kannada Language Examination) Rules, 1974, irrespective of having passed the Kannada Language Examination.

Judgment Excerpts

Petitioner, a pensioner is essentially grieving against the denial of one solitary increment which avails to all civil servants who have studied in Kannada Medium upto SSLC with Kannada as one of subjects in the syllabus. Learned Sr.Advocate appearing for the petitioner argues that the petitioner having put in a very long service has retired on attaining the age of superannuation; she ought to have been accorded one Kannada Language Examination Increment.

Procedural History

Petitioner filed Application No.597/2021 before Karnataka State Administrative Tribunal, which was dismissed on 19/01/2022. Thereafter, petitioner filed Writ Petition No.3674 of 2022 before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India.