Last Updated on July 22, 2024 by Administrator
The Karnataka High Court has ruled that when a beneficial provision is incorporated in a statute, it must be given effect in favor of the beneficiaries by authorities. The division bench of Chief Justice N V Anjaria and Justice S G Pandit made this observation while dismissing petitions filed by the State Government questioning the order passed by the Karnataka State Administrative Tribunal (KSAT) setting aside the transfer order against Umadevi Hundekar (55) and Prabhavati Ronad (58), as they were found to be surplus teachers.
The bench stated that the petitioners, female teachers, had crossed the age of 50 years and were entitled to the benefit of Section 10(1)(vi) of the Karnataka State Civil Services (Regulation of Transfer of Teachers Act), 2020. They could not have been declared as excess and the impugned order of transfer could not have been issued. A statutory provision of the kind and nature as found in Section 10(1)(vi) of the Act becomes a right of the employee teacher to be governed and to be benefited thereby.
The Commissioner, Department of Public Instructions issued a Notification dated 26.12.2022 for rationalising the excess faculty working in Government Primary Schools and High Schools by transferring such excess teachers after identifying them as excess under the provisions of the Karnataka State Civil Services (Regulation of Transfer of Teachers) Act, 2020 and the Karnataka State Civil Services (Regulation of Transfer of Teachers) Rules of 2020. The teachers filed objections to the notification relying on Rule 10(vi) and sought exemption from the transfer as both applicants had reached the age beyond 50 years.
Written by- Srijan Raj
