K. T. Veerappa & Ors vs State Of Karnataka & Ors

The facts, in brief, are that the appellants are holding non-teaching posts in the University of Mysore. The pay scales of the employees of the respondent-University, after the Tukol Pay Commission Report, were based on the pay scales recommended by the said Commission for the Government employees of the State of Karnataka as adopted by the University after due consideration of the duties and responsibilities of the various posts in the University. The pay scales of Government employees were revised on the basis of 'Narayana Pai Pay Commission Report' with effect from 1st January, 1977. The University of Mysore-respondent No. 2 herein and other Universities in the State requested the State Government to extend the pay scales recommended by the Narayana Pai Pay Commission in its Report to the University employees also. The State Government appointed a Committee, namely, `Muddappa Committee', to go into the entire matter and to make recommendations in that respect. The said Committee made a Report with certain recommendations as to the revision of pay scales to the University employees, in the State of Karnataka. It appears that no satisfactory solution was found in the matter of fixing of pay scales to the University employees with effect from 1st January, 1977 and as a result thereof, a large number of employees especially the academic staff of the University of Mysore have suffered heavily. They filed representations requesting the authorities to look into the grievances of the employees and set right the anomalies. In spite of the recommendations in respect of the pay scales of the employees, the University of Mysore has not implemented the said Report. 23 employees of the respondent-University, similarly placed to the appellants, filed Writ Petition Nos. 21487-21506/1982 before the High Court inter alia praying for writ of mandamus commanding the State of Karnataka and the University of Mysore to declare that the fixation of revised pay scales with effect from 1.1.1977 in respect of the non- teaching (academic) staff of the University of Mysore insofar as the petitioners (in those petitions) were concerned is arbitrary, unreasonable, discriminatory and violative of Articles 14 and 16 of the Constitution of India and direct the State and the University to revise and re-fix the pay scales with effect from 1st January, 1977 at par with the employees of the State Government on the basis of the Pay Commission Report, 1976 as accepted by the University of Mysore. The State of Karnataka and the University of Mysore had not filed objections/counter affidavits in opposition to the said writ petitions which were allowed by the learned Single Judge by order dated June 21, 1989 directing the University of Mysore to accord revised pay scales to the petitioners on a rational basis with effect from 1st January, 1977 with consequential benefits including the difference of salary and further to consider the question of revision of pay scales with effect from 1st January, 1982 and also subsequently as and when the pay scales of other posts specified in column No. 5 of the statement extracted in the said order have been revised and to grant all consequential benefits.

In compliance to the directions of the Division Bench of the Karnataka High Court, the Vice-Chancellor of respondent- University constituted a Committee of three members headed by a Chairman - Shri K. Hiriyanna, Deputy Secretary to the Government, Department of Personnel and Administrative Reforms, Karnataka Government. Having heard the affected parties, the Committee made certain recommendations which were accepted by the University and revised pay scales were, accordingly, sanctioned. However, the revised pay scales were not paid to those petitioners whose petitions were allowed by the learned Single Judge. The said employees initiated contempt proceedings against the University of Mysore, its Vice-Chancellor and the Registrar. The Vice-Chancellor and the Registrar both appeared in person before the High Court on 21st April, 1992 and submitted that the direction of the Court in Writ Appeal Nos. 2220-2230 of 1989 dated 18th April, 1990 and 21st September, 1991 had already been complied with and arrears of salary had been paid to those employees whose writ petitions were allowed by the learned Single Judge. No benefit of pay scales was given to the appellants. The appellants, therefore, represented to the Vice-Chancellor of the University who again appointed Shri Hiriyanna to head a Committee. Shri Hiriyanna retired from service before the Committee could finalise its Report and, thereafter, no Committee was re-constituted to redress the grievances of the appellants who continued to suffer the discrimination and were given lower pay scales.

In our view, the impugned judgment of the High Court in W. A. Nos. 7007-55/1999 dated 8.3.2000 is not legally sustainable. It is, accordingly, quashed and set aside. Consequently, the appeals are allowed and the order of the learned Single Judge dated 29.10.1998 in Writ Petition Nos.11755/94 CW 3400-3423/93, 37901-37904/92, 35996/92, 3426-3443/93 and 27004/92 is restored and maintained. The respondents-State of Karnataka and University of Mysore, both are directed to extend the pay scales of 1977 and subsequent revisions to the appellants and pay the difference of monetary benefits to them within four months from the date of this order. In the facts and circumstances of the case, the parties are left to bear their own costs.