U.P. Raghavendra Acharya And Ors vs State Of Karnataka And Ors

The appellants in these appeals are retired teachers of the University and Private Aided Colleges (to whom UGC scales of pay were applicable). They have retired during the period 1.1.1996 to 31.3.1998. So far as the teachers of the University or Privates Aided Colleges are concerned, indisputably, they were being paid the same salary as was being paid to the teachers of the Government colleges. The appellants in Civil Appeal No.1391/2006, have retired from the Karnataka Regional Engineering College, Surathkal, Karnataka, which was established by the Government of India at the request of the Government of Karnataka. It is a centrally aided institution as envisaged under Entry 64 of List 1 of the Seventh Schedule to the Constitution of India. So far as the said institution is concerned, its expenditure used to be borne by the Government of India and the State of Karnataka. It, however, has been notified by the Government of India as a Deemed University with effect from 26.6.2002.

It is not in dispute that the revised scales of pay as recommended by the Pay Revision Committee became applicable to the appellants with effect from 1.1.1986. It is also not in dispute that the UGC scales of pay were applicable to them. The Government of Karnataka, by a letter dated 17.12.1993 directed that the matter relating to the fixation of pension on the basis of UGC pay scales would be governed by Rule 296 of the Karnataka Civil Services Rules (hereinafter referred to as 'the Rules'), providing for computation of emoluments for the purpose of pension and gratuity of a Government servant. In the said letter it was stated:

The Government of Karnataka issued appropriate notification extending the UGC pay scales as revised from 1.1.1996, inter alia to the teachers of Government and Aided Colleges, stating:

Writ petitions were filed before the Karnataka High Court questioning the said notifications dated 22.7.2000 and 8.8.2000. The said writ petitions were allowed holding that the impugned notifications were illegal. The learned Single Judge in his judgment opined that in view of the notification dated 22.7.1999, issued by the State of Karnataka, the revised scales of pay became applicable in respect of those teachers who had retired during the period from 1.1.1996 to 31.3.1998 and they could not have been deprived of the said benefit. It was held that the impugned notifications were arbitrary as these resulted in discrimination between the teachers working in the Government Colleges and the teachers working in the Non- Government Colleges which would mean treating the equals unequally. It was further opined that, in any event, the teachers of the Government Aided Colleges as also the teachers of the Regional Engineering Colleges formed a class by themselves and no discrimination could have been made between the employees who retired prior to 31.3.1998 and those retiring subsequent thereto.

(a) In respect of teachers drawing UGC pay scales who have retired during the period from 1.1.96 to 31.3.98 they shall be eligible for the benefit of the fixation of pay and arrears under the revised UGC scales of pay only. There shall not be any change in their pensionary benefits with reference to the revised UGC pay and the retirement benefits already sanctioned in the pre-revised UGC pay scales will not undergo any modifications. However, they shall be entitled to the benefit of fixation of revised pension/family pension as contemplated in GO No.FD(Spl.) 2 PET 99 dated 15.2.99 only w.e.f. 1st April, 1998. Para 6 of GO No.FD (Spl.) 2 PET 99 dated 15.2.99 stand modified to this extent.

The review petitions filed thereagainst were dismissed.

The appellants had retired from service. The State therefore could not have amended the statutory rules adversely affecting their pension with retrospective effect.

For the reasons stated above, the impugned judgment cannot be sustained and is accordingly set aside. The appeals are allowed with costs. Counsel fee is assessed at Rs.5,000/- in each appeal.