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Sri Srinivas Vs. the State of Karnataka by Its Commissioner and Secretary and ors. - Court Judgment

LegalCrystal Citation
SubjectService;Civil
CourtKarnataka High Court
Decided On
Case NumberW.P. No. 40315 of 1999
Judge
Reported inILR2005KAR2606; 2005(4)KarLJ435
AppellantSri Srinivas
RespondentThe State of Karnataka by Its Commissioner and Secretary and ors.
Appellant AdvocateK.B. Adhyapak, Adv.
Respondent AdvocateH. Srinivasa Rao, Adv.
DispositionPetition allowed
Excerpt:
.....for bachelor in music, except in the certificate issued to the petitioner, after striking out arts, music is inserted - there is absolutely nothing to show that the degree which is obtained by the petitioner is not a degree in arts and degree in music only-therefore degree in music is a degree in arts - the respondents were not justified in not extending the benefit under the scheme.;allowing the writ petition declaring that degree in music is a degree in arts, the court,;'music literally means 'the art of the muse'. it is one of the fine arts which is concerned with the combination of sounds with a view to beauty of form and the expression of thought or feeling, also, the science of the laws or principles by which this art is regulated. music, the art concerned with combining vocal..........1979, he passed bachelor of music final examination and he was awarded a degree in bachelor of arts/music, by the karnataka university, dharwad, as per annexure-a.2. the second respondent-board has formulated a scheme in the year 1975 under which employees who acquire additional qualifications while in service are entitled to draw four additional increments, a copy of which is produced as annexure-b. in terms of the aforesaid order, the petitioner made an application to the second respondent for grant of additional increments as per the scheme available as per annexure-d. the second respondent recommended the case of the petitioner annexure-f. however, the petitioner was served with a communication as per annexure-g informing him that he is not entitled for advance increments for.....
Judgment:
ORDER

N. Kumar, J.

1. The petitioner joined services of the second respondent-Karnataka Electricity Board as Junior Assistant in its O & M Division, Hubli, in the year 1977. The qualification prescribed for the said post was pass in S.S.L.C. However, he was studying B.A. in Music. In the year 1979, he passed Bachelor of Music final examination and he was awarded a degree in Bachelor of Arts/Music, by the Karnataka University, Dharwad, as per Annexure-A.

2. The second respondent-Board has formulated a scheme in the year 1975 under which employees who acquire additional qualifications while in service are entitled to draw four additional increments, a copy of which is produced as Annexure-B. In terms of the aforesaid order, the petitioner made an application to the second respondent for grant of additional increments as per the scheme available as per Annexure-D. The second respondent recommended the case of the petitioner Annexure-F. However, the petitioner was served with a communication as per Annexure-G informing him that he is not entitled for advance increments for acquiring the degree in Bachelor of Music. Challenging the aforesaid communication, he filed a writ petition before this Court in W.P. No. 18543/1994, which came to be disposed of as withdrawn on 4th July, 1997 reserving liberty to the petitioner to challenge the said endorsement. Thereafter in spite of several requests from the petitioner when the 4th respondent did not accede to his request to grant additional increment, the petitioner preferred this writ petition seeking quashing of Annexure-G and for writ of mandamus directing the respondent to consider the case for grant of additional increments and to grant additional increment as per the scheme.

3. The respondents 2 and 3 have filed a detailed counter. They do not dispute the facts set out by the petitioner. They contend that the petitioner has not obtained degree in Commerce, Arts and Science, but he had obtained Bachelors Degree in Music, the University has issued certificate to the petitioner a Bachelor Degree in Music and not a Bachelor Degree in Arts. Therefore, the petitioner cannot take any advantage of the said degree so as to avail the said benefit. They contend that there is inordinate delay in approaching this Court and therefore, the petitioner is not entitled to the relief sought for.

4. The learned Counsel for the petitioner assailing the action of the respondents contends that Music is a fine art and a degree in Music is a degree in Arts and therefore the authorities were not justified in refusing the grant of additional increment as per the scheme.

5. Per contra, the learned Counsel for the Board, contends that a perusal of Annexure-A, the Certificate issued by the University shows that he has passed in Bachelor of Music and not Bachelor of Arts and therefore the said scheme is not applicable to the petitioner and the respondents were justified in declining the grant of four increments.

6. Therefore, the question that arises for my consideration is whether Bachelor Degree in Music is different from Bachelor Degree in Arts.

7. The scheme propounded by the Karnataka Electricity Board for grant of four increments to an employee acquiring higher qualification during service is contained at Annexure-B. It states that the employees who acquire additional or higher qualification as detailed in annexure to the said order, are entitled for four advance increments without prejudice to their normal increments. The said benefit of advance increments shall be admissible only once during the entire service for the same or equivalent qualification. Sl.No. 1 at Annexure-B is what applies to the petitioner. Admittedly, he is working as Typist in KEB. The higher qualification which he has to obtain for being eligible for additional increment is a Degree in Commerce, Arts or Science by recognized University. If he acquires such a degree he would be entitled to four increments. The said order has been superceded by Annexure-C dated 23.1.1977, where the number of increments to be granted has been reduced from four to two. The petitioner acquired high qualification, i.e., degree in Music in the year 1979. Therefore, it is the latest circular which is applicable to him, provided he has a degree in Arts.

8. ART means skill. Skill is the result of knowledge and practice. It is a Human Skill. A craft, business or profession. An occupation in which skill is employed to gratify taste or produce what is beautiful an acquired faculty of any kind. The word 'Art' signifies the use of skill imagination in the creation of aesthetic objects, environments, or experiences that can be shared with others. The term art may also designate one of a number of modes of expression conventionally categorized by the medium utilized or the form of the product; thus we speak of painting, sculpture, filmmaking, music, dance, literature, and many other modes of aesthetic expression as arts and of all of them collectively as the arts. The art may further be employed in order to distinguish a particular object, environment, or experience as an instance of aesthetic expression, allowing us to say, for example, that drawing or tapestry is art.

9. Traditionally, the arts are divided into the fine and the liberal arts. The latter are concerned with skill of expression in language, speech, and reasoning. The fine arts are more concerned with purely aesthetic ends, or, in short, with the beautiful. Many forms of expression combine aesthetic concerns with utilitarian purposes.

10. 'Music literally means 'the art of the muse'. It is one of the fine arts which is concerned with the combination of sounds with a view to beauty of form and the expression of thought or feeling, also, the science of the laws or principles by which this art is regulated. Music, the art concerned with combining vocal or instrumental sounds for beauty of form or emotional expression, usually according to cultural standards of rhythm, melody, and in most Western music, harmony. Other major components or musical sound include tone timbre and texture. Although music involves sound of all kinds and although there are no sounds that can be described as inherently unmusical, musicians in each culture have tended to restrict the range of sounds that they will admit.

10. Therefore, it is clear that Music is a fine Art. In the Syllabus prescribed for Bachelor of Arts, Part -III by the Karnataka University, Dharwad, Hindustani Music is a subject in the degree. The said Syllabus prescribes 100 marks for Theory and 200 marks for Practicals. The syllabus does not provide for any separate degree for Bachelor in Music, except in the certificate issued to the petitioner, after striking out Arts, Music is inserted. There is absolutely nothing to show that the degree which is obtained by the petitioner is not a Degree in Arts and Degree, in Music only. A degree in Music is a degree in Arts.

11. The aforesaid scheme of the respondent provides for granting of two additional increments to a employee who acquires higher or additional qualification. All that is prescribed is a Degree in Commerce, Science or Arts. Even if a degree which is obtained by the petitioner is to be held to be a degree in music, it is a degree in Arts. As stated earlier Music is a fine art and the subject Music is a part of Degree in Arts. On the ground that degree which the petitioner has obtained is a Degree in Music, the respondents were not justified is not extending the benefit under the scheme to the petitioner which he is legitimately entitled to. In that view of the matter, petitioner is entitled to succeed in this writ petition. Hence, I pass the following order:

(a) Writ petition is allowed.

(b) It is declared that Degree in Music which the petitioner has secured is a Degree in Arts.

(c) The second respondent is directed to consider the application of the petitioner for payment of two additional increments from the date of his acquiring the additional qualification namely Degree in Arts (Music) and pay the same within three months from today.


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