IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2017 BEFORE THE HON’BLE MR. JUSTICE B.VEERAPPA WRIT PETITION NOs.18923-18927/2016 (S- RES) AND WRIT PETITION NOs.22028-22031/2016 (S- RES) BETWEEN:
1. SMT. MANONMANI M.P.
WIFE OF THE LATE YADUMURTHY AGED ABOUT 50 YEARS RESIDING AT NO.2530, 3RD MAIN MEDARAKERI K.R.MOHALLA LAKSHMIPURAM MYSORE – 570 004 2. C.E.THYAGARAJU BY HIS LRS., 2(a) SMT.S.B.DEVARAJAMMA WIFE OF LATE C.E.THYAGARAJU AGED ABOUT 50 YEARS 2(b) SRI.G.T.LAKSHMISHAH SON OF LATE C.E.THYAGARAJU AGED ABOUT 30 YEARS 2(c) SRI.G.T.RAKESH SON OF LATE C.E.THYAGARAJU AGED ABOUT 28 YEARS 2(d) SRI.G.T.NANDISH SON OF LATE C.E.THYAGARAJU AGED ABOUT 26 YEARS PETITIONER NOs.2(a) TO 2(d) ARE RESIDING AT NO.727-B SHANTINAGARA, PANDAVPURA MANDYA – 571 434 3. SMT.H.C.PAVITHRA WIFE OF LATE H.M.PUTTASWAMY AGED ABOUT 40 YEARS RESIDING AT: BEHIND NDRK COLLEGE NEAR MATHRUSHREE SABANGANA UDAYAGIRI HASSAN – 573 201 4. SMT. SHAMALA Y.S.
WIFE OF LATE R.HALEGOWDA AGED ABOUT 56 YEARS RESIDING AT: CHALUVARASANAKOPPAL PANDAVPURA MANDYA DISTRICT – 571 427 5. RAMALINGAIAH L. BY HIS LRS.
5(a) SMT. SUJATHA S WIFE OF LATE SRI.RAMALINGAIAH L. AGED ABOUT 42 YEARS 5(b) MS.NISARGA DAUGHTER OF LATE SRI.RAMALINGAIAH L. AGED ABOUT 26 YEARS PETITIONER NOs.5(a) AND 5(b) ARE RESIDING AT NO.AC 514 7TH CROSS, LEELAVATHI EXTENSION MADDUR MANDYA DISTRICT – 571 428 KARNATAKA ... PETITIONERS (BY SRI.JANARDHANA G, ADV.) AND:
1. STATE OF KARNATAKA MINISTRY OF LAW & PARLIAMENTARY AFFAIRS REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA BENGALURU - 560 001 2. DIRECTOR OF COLLEGIATE EDUCATION GOVERNMENT OF KARNATAKA SESHADRI ROAD BENGALURU – 560 001 3. THE JOINT DIRECTOR OF COLLEGIATE EDUCATION MYSORE – HUNSUR ROAD MAHARANI COLLEGE CAMPUS MYSORE – 570 001 4. THE JOINT DIRECTOR OF COLLEGIATE EDUCATION UNIVERSITY CAMPUS MANGALORE – 575 001 5. UNION OF INDIA BY ITS SECRETARY TO GOVERNMENT MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF HIGHER EDUCATION SHASTRI BHAVAN NEW DELHI – 110 001 6. THE PRINCIPAL BASUDEV SOMANI COLLEGE KUVEMPUNAGAR MYSORE – 571 023 7. THE PRINCIPAL VIJAYA FIRST GRADE COLLEGE PANDAVAPURA – 571 434 MANDYA DISTRICT 8. THE PRINCIPAL A.V.KANTHAMMA COLLEGE FOR WOMEN HASSAN – 573 201 9. THE PRINCIPAL SRI. ADICHUNCHANAGIRI COLLEGE OF ARTS, COMMERCE & SCIENCE NAGAMANGALA – 571 432 MANDYA DISTRICT 10. THE PRINCIPAL H.K.VEERANNAGOWDA COLLEGE MADDUR – 571 428 MANDYA DISTRICT ... RESPONDENTS (BY SMT.SHWETA KRISHNAPPA, AGA. FOR R1 TO R4; SMT.M.BIRDY AIYAPPA, CGC. FOR R5;
R7 TO R10 ARE SERVED BUT UNREPRESENTED NOTICE TO R6 IS DISPENSED WITH V/O. DTD.30.08.2017) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY THE ARREARS OF SALARY TO THE PETITIONERS FOR THE PERIOD FROM 01.01.2006 TILL 31.12.2009.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In these petitions, the petitioners have sought for a writ of mandamus directing the respondents to pay the arrears of salary to the petitioners for the period from 01.01.2006 to 31.12.2009.
2. Petitioner Nos.1, 2(a), 3, 4 and 5(a) are the wives and petitioner Nos.2(b) to 2(d) and 5(b) are the children, who contend that their husbands and fathers respectively were working in various designations namely, Principals, Physical Education Teacher and Associate Professor in the college of respondent Nos.6 to 10. They further contended that respondent Nos.1 to 3 introduced UGC pay scales to the Teachers, Librarians and Physical Education personnel of Universities and Colleges in the year 1990 with effect from 01.01.1986 as per the recommendation of respondent No.4. The said pay scales used to get revised periodically. Accordingly, the husbands of petitioner Nos. 1, 2(a), 3, 4 and 5(a) and father of petitioner Nos.2(b) to 2(d) and 5(b) were drawing the salaries under the UGC pay scales. The said pay scales were once again revised with effect from 01.01.2006 on the recommendation of respondent No.4 as per the letter dated 31.12.2008 addressed to respondent Nos.1 to 3 and also to other concerned secretaries of various government departments.
However, the scheme of UGC has given discretion to respondent No.1 regarding fixing of superannuation age of Lecturers, Professors, Principals and Librarians. In the said letter, it was made clear that 80% of financial assistance would be provided to respondent Nos.1 to 3 by respondent No.4 for the period from 01.01.2006 to 31.03.2010, while revising the said pay scale. Subsequently, the pay scales of husbands of petitioner Nos.1, 2(a), 3, 4 and 5(a) and father of petitioner Nos.2(b) to 2(d) and 5(b) were re-fixed by respondent Nos.6 to 9. Accordingly, a statement was prepared by respondent Nos.6 to 10 regarding the details of salaries payable to them from 01.01.2006 to 23.12.2009 with the approval of respondent Nos.1 to 3 and in the said statement, the arrears payable to them has been shown. The statement is made available at Annexures E1 to E4.
3. The petitioners further contended that in identical circumstances, some of the Lecturers of some other colleges had approached this Court in W.P.No.57725-73/2014 along with connected matters seeking similar relief as the arrears of their salary. This Court by its order dated 18.03.2015 disposed of the said writ petitions directing the respondents therein to pay the salary arrears and other benefits from the period 01.01.2006 to 23.12.2009 with interest. So also in the case of Dr. T. Manian and others Vs. Government of India in W.P.Nos.7009-7023/2015 and connected matters, this Court disposed of the same vide order dated 24.04.2015, directing the respondent Nos.2 to 4 therein to pay arrears of salary and other emoluments as per revised pay scale to which the petitioners therein were entitled from 01.01.2006 to 23.12.2009 with interest.
4. After arguing the matter for sometime, learned counsel for parties fairly submit that the issue involved in the present petitions are identical with the aforesaid writ petitions and the issues are already decided by this Court in the case of Dr. B.S.Subba Rao and others Vs. State of Karnataka and others in W.P.Nos.57725- 73/2014 D.D. on 18.03.2015.
5. The said submission is placed on record.
6. In view of the observations made aforesaid and for the reasons recorded in the aforesaid writ petitions, the present writ petitions are disposed of, with following:
ORDER (i) Writ of Mandamus is issued to respondents to pay arrears of salary and other emoluments as per revised pay scale to which the petitioners would be entitled to for the period from 01.01.2006 to 31.12.2009, within three months from the date of receipt of copy of this order and on failure to make such payment petitioners would be entitled to interest at the rate of 8% p.a.
(ii) It is needles to state that on the request made by the State Government after payment, for releasing 80% of the contribution payable by the Central Government and on such request being received within three months thereof, the Central Government shall release the said amount as per the provisions of the scheme.
Sd/- JUDGE nvj