State Can't Extract Additional Work And Not Pay: Karnataka High Court Orders State To Pay Licensed Surveyors As Per 2008 GO

The Karnataka High Court has come to the aid of 1131 licensed surveyors in the Department of Survey, Settlement and Land Records, by directing the State government to settle their claims and pay to them the remuneration in terms of Government Order dated 12.08.2008, after ascertaining the additional work done by them.

As per the government order it was decided to pay Rs.500 for Tatkaal Phodi Work and enhancement of Pre-Mutation Sketch Fee from Rs.403 to Rs.600. This Order was issued as a matter of Government Policy for catering to the needs of agriculturists, subject to them paying the prescribed fees for tapping the services of the appellants.

A division bench of Justice Krishna S Dixit and Justice Ramchandra D Huddar partly allowed an appeal challenging the single judge bench order which had dismissed the petition questioning the non-payment of revised License Fee as per the government order.

The court said “The Government in terms of 2008 Order extracted the work from these candidates in addition to what they were required to do in accord with their Job Chart. Respondents (state) cannot be selective in implementing the said Order in the sense that, they can extract the additional work and still they will not pay for it. It has to take the rose with a thorn, to put it metaphorically.”

The appellants had filed an application under Section 19 of the Administrative Tribunals Act, 1985 seeking regularisation of their services and for extension of financial benefits on par with that of Second Division Surveyors, Grade – II. The Karnataka State Administrative Tribunal disposed off the same with a direction to consider their representation within a period of six months. Following which in 2008, the government passed the executive order.

Opposing the appeal the government argued that the amount payable to them is not debited to the Exchequer but raised from the beneficiaries of their service. Although they discharge a kind of public function, it cannot be disputed that they are not civil servants and therefore, they cannot seek a salary on par with regular employees of the State Government, it was argued.

The bench noted that the appellants acting on the said Government Order have accomplished the specified works that were in addition to usual ones enlisted in their Job Chart. Admittedly, the amount payable in terms of this Order has already been recovered by the Respondents from the service seekers and it is credited to a specified Account as well, it said.

“If that be so, we see no reason for denying to the Appellants additional fees in terms of said Order. An argument to the contrary, amounts to unjust enrichment of the Respondents and eventually an unjust impoverishment of the Appellants. That is not permissible for the preambularly 'socialistic' Government that is expected to act fair & just,” Court observed.

Observing that the Single Judge was wrongly swayed away by the contention of respondents that Government Order dated 12.08.2008 was only in the nature of an Executive Instruction, and therefore, is not justiceable, the bench held “The doctrine of Promissory Estoppel provides a choate cause of action on which the claim of Appellants has been rightly founded and therefore, a conditional relief to them could not have been denied.”

“Even the convicts serving the sentence in the jail cannot be denied some reward in cash. That is the sanctity which our evolved system attaches to human labour & dignity. This aspect of the matter ought to have weighed with learned Single Judge, however, somehow, it was lost sight of,” said the bench while parting.

Appearance: Senior Advocate V Lakshminarayana a/w Advocates Vikram Balaji, Sparsh Shetty for Appellants.

AGA: K.R. Rajendra for Respondents.

Citation No: 2024 LiveLaw (Kar) 245

Case Title: K B Lokesh & Others AND State of Karnataka & Others

Case No: WRIT APPEAL NO. 1267 OF 2014.

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