IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2017 PRESENT THE HON’BLE MR. JUSTICE H.G.RAMESH AND THE HON’BLE MRS. JUSTICE K.S.MUDAGAL WRIT PETITION NOS.1895-1896/2014 (S-KAT) BETWEEN:
1. SRI B.C.NAGARAJ AGED ABOUT 74 YEARS S/O LATE B.S.CHANNAPPA SELECTION GRADE PHYSICAL CULTURE INSTRUCTOR (RETIRED) GOVT. FIRST GRADE COLLEGE RESIDING AT NO.317 4TH CROSS, 4TH MAIN VIDYAGIRI LAYOUT NAGARBHAVI I STAGE BANGALORE-560 072 2. SRI H.S.RAME GOWDA AGED ABOUT 66 YEARS S/O SIDDE GOWDA SELECTION GRADE PHYSICAL CULTURE INSTRUCTOR (RETIRED) GOVT. FIRST GRADE COLLEGE RESIDING AT NO.1360 II MAIN ROAD VIJAYANAGAR, II STAGE MYSORE-570 017 ...PETITIONERS (BY SRI A.D. RAMANANDA, ADV.) AND:
1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY EDUCATION DEPARTMENT (HIGHER EDUCATION) 6TH FLOOR, M.S.BUILDING BANGALORE-560 001 2. COMMISSIONER FOR COLLEGIATE EDUCATION, PALACE ROAD BANGALORE-560 001 3. ACCOUNTANT GENERAL IN KARNATAKA (A & E) P.B.NO.5396 ‘A’ BLOCK, NEW BUILDING PARK HOUSE ROAD BANGALORE-560 001 …RESPONDENTS (BY SRI I.THARANATH POOJARY, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 02.08.2013 PASSED IN APPLICATION NOs.51 & 52/12 OF THE KARNATAKA ADMINISTRATIVE TRIBUNAL, BANGALORE BY ISSUE OF WRIT OF CERTIORARI, VIDE ANNEXURE-A, ETC.
THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED ON 21.09.2017 FOR ORDER, COMING ON FOR PRONOUNCEMENT THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
O R D E R K.S.MUDAGAL J. :
1. Whether, under the Government Order dated 15.11.1999, Annexure-A, the petitioners are entitled for the benefit of fixation of minimum basic pay at Rs.14940/- with effect from 01.01.1996 and the arrears of pay in that scale is the question involved in these petitions.
2. Petitioner Nos. 1 and 2 are the retired Selection Grade Physical Education Directors from the Government I Grade College at Bengaluru and Mysuru respectively. The particulars of their service are as follows:
W.P. No. Name (Shriyuths) Date of entry into service Date of Retirement
3. Government of Karnataka issued Annexure – A1 the Government Order dated 15.11.1999 extending the benefit of revised UGC pay-scale to Lecturers, Librarians, Physical Education Directors etc. of Government and Aided Colleges, with certain eligibility criteria and other conditions.
Under para 9(g) of the said Government Order, Lecturers (Selection Grade) with five years service, were granted the Rs.14940/- pay scale on certain eligibility criteria.
4. The Karnataka State Retired College Librarians and Physical Education Instructors Forum gave a representation to the Government to extend the benefit of revised UGC pay-scale of Rs.14940/- to the Librarians and Physical Education Instructors also. The Director of Collegiate Education forwarded the said representation to the 1st respondent for consideration. First respondent, vide Annexure-A17 communication dated 09.03.2011 informed the 2nd respondent that in view of the Government Order No.ED 230 UNE 2006 dated 04.07.2008, the retired Librarians and Physical Education Instructors are not entitled for the benefit retrospectively. Annexure –A18 is the letter of the Commissioner of Collegiate Education dated 13.04.2011 addressed to the President of Forum of Retired Librarians and Physical Education Teachers rejecting the representation for extension of pay scale of Rs.14940/-.
5. The petitioners filed Application Nos.51 & 52 of 2012 before the Karnataka Administrative Tribunal, Bangalore (hereinafter referred to as ‘the Tribunal’) seeking to quash Annexures – A17 and A18 and mandamus against respondents to fix their minimum basic pay at Rs.14940/- with effect from 01.01.1996 and to give them all consequential monetary benefits flowing therefrom. In the said applications, the petitioners contended that one N.Ramesh a retired Physical Education Director filed W.P. No.5855/2008 before this Court claiming release of the DCRG amount which had been withheld by the respondents on the ground of non-applicability of Government Order dated 15.11.1999. They claimed that said Writ Petition was allowed and Ramesh was granted the benefit of minimum basic pay of Rs.14940/-, therefore on parity with him they are also entitled for the said benefit.
6. Tribunal rejected their applications on the ground that under the Government Order at Annexure-A1 pay-scale of Rs.14940/- is extended only to the Lecturers and not to Librarians and Physical Education Directors. The Tribunal further held that the UGC Scale has to be extended only in accordance with the recommendation of the University Grants Commission. University Grants Commission, under letter dated 19.10.2006 (Annexure-R1) recommended to extend pay-scale of Rs.14940/- to the Librarians and Physical Culture Instructors with effect from 27.07.1998 notionally and prospectively. Tribunal further held that on the basis of Annexure-R1 the Government has issued Annexure-R2 the Government Order dated 04.07.2008, extending the benefit of revised pay-scale of Rs.14940/- to Librarians and Physical Education Directors with effect from 27.07.1998 notionally and prospectively and petitioners’ entitlement is only to that extent.
7. Sri A.D. Ramananda, learned counsel for the petitioners in his arguments assails the impugned order on the following grounds:
(i) This Court in Writ Petition No.1588/2008, vide Order dated 13.02.2009 (Annexure-A7) extended the benefit of revised pay scale pursuant to the Government Order dated 15.11.1999 (Annexure-A1) to one N. Ramesh the retired Physical Education Director and that order was affirmed by a Division Bench of this Court in W.A. No.3750/2009 Vide Annexure-A8;
(ii) This Court in Writ Appeal Nos.30112/2013 (SR) and 30118/2013 vide Judgment dated 14.02.2013 (Annexure-D) has extended the benefit of revised pay-scale of Rs.14940/- to Physical Education Directors;
(iii) The respondents have implemented the Order of this Court in W.P. No.1588/2008 and W.A. Nos.30112/2013 and 30118/2013 respectively, therefore the denial of the same benefit to the petitioners under Annexures – A17 and A18 is arbitrary and illegal.
8. Sri I. Tharanath Poojary, learned Additional Government Advocate appearing for the respondents seeks to justify the impugned order on the following grounds:
(a) Under Government Order at Annexure-A, the revised pay-scale of Rs.14940/- is extended only to Lecturers and not Physical Education Directors / Librarians. Vide Circular Annexure-A4 dated 23.10.2001, the Government clarified that until the UGC / GOI clears extension of revised pay-scale of Rs.14940/- to Physical Education and Library staff, the same shall not be granted. The UGC, under the communication No.F.3-1/94(PS)-7 dated 19.10.2006, (Annexure-R1), gave approval to extend the benefit of minimum pay-scale of Rs.14940/- with effect from 27.07.1998 to physical Education and Library staff. Since the petitioners retired prior to October 2006 they are not entitled for the said benefit.
(b) In view of the Judgment of the Supreme Court in ANNAMALAI UNIVERSITY Vs. SECRETARY TO GOVERNMENT, INFORMATION AND TOURISM DEPARTMENT AND OTHERS reported in (2009) 4 SCC 590, the directions / Guidelines of the UGC are mandatory and Courts cannot interfere with the same.
(c) In Annexure-A7 the Order in W.P. No.5855/2008 and Annexure-D order in W.A. Nos.30112/2013 and 30118/2013, the Government Order at Annexure-R2 was not under consideration and therefore the said decisions are not applicable. The effect of the Government Order under Annexure-R2 is considered by this Court vide Judgment in W.A. No.234 and 94 of 2007 dated 29.04.2011 (Annexure- R5). Therefore, the said Judgment is applicable to the facts of this case.
9. Petitioners claim the benefit of revised pay-scale of Rs.14940/- under Annexure-A1. The said revised pay- scale of Rs.14940/- is conferred under Clause 9(g) of the said Government Order. Clause 9(g) reads as follows:
“ 9.Fixation of pay and allowances:
(g) Lecturers (selection grade) with five years service drawing pay at the sixth stage, viz. Rs.4325/- in the pre- revised scale of Rs.3700-5700 will be fixed at the stage of Rs.14940/- in the revised scale of Rs.12000-420-18300. The Lecturers drawing pay at 6th, 7th, 8th and 9th stage (viz. first four stages of bunching) will not be eligible for the benefit of bunching. Accordingly, in their case, the date of next increment in the revised scale will be the date on which they would have drawn increment had they continued in the pre-revised scale. The Lecturers drawing pay at the 10th, 11th, 12th and 13th stage in the pre-revised scale will become entitled to one increment in the revised scale w.e.f. 1-1-1996, and the Lecturers drawing pay at 14th and 15th stage of in the pre-revised scale will become entitled to one increment in the revised scale w.e.f. 1-1-1996, and the Lecturers drawing pay at 14th and 15th stage of the pre- revised scale will become entitled to two increments in the revised scale on 1-1-1996. As the Lecturers drawing pay from 10th to 15th stage will get the benefit of bunching, they will become entitled to the next increment in the revised scale on completion of 12 months from the date of stepping up of their pay viz. 12 months from 1-1-1996.”
10. Entry 6 at para 8 of the said Government Order deals with the benefit conferred on the Librarians and Director of Physical Education Selection Grade staff. It reads as follows:
“ 8. Pay Scales:
Sl.
No.
Category Existing scales of pay Revised scales of pay 6. Librarian (Selection Grade) Director of Physical Education (Selection Grade) 3700-125-
4950-150-
5700 12000-
420-18300 Thus it is clear that pay scale of Rs.14940/- was granted under Clause 9(g) only to the Lecturers.
11. It appears that a number of Colleges sought clarification about the applicability of the revised pay-scale to the Library and Physical Education staff. In reply to such clarification, the Government issued the Circular Annexure- A4, relevant portion of which is as follows:
“ (1) Clarifications have been sought for whether the Director of Physical Education / Deputy Director of Physical Education / Asst. Director of Physical Education (Selection Grade); Asst. Director of Physical Education (Senior Scale)/ADPE and Librarian/Deputy Librarian/Asst. Librarian (Selection Grade) Asst. Librarian in the Universities and Director of Physical Education / Director of Physical Education (Selection Grade) / Director of Physical Education (Senior Scale) and Librarian / Librarian (Selection Grade) / Librarian (Senior Scale) in the Colleges who were on UGC pay scale and / or AICTE pay scales were entitled for fixation of pay at Rs.14940 and other benefits. It is here by clarified that they have been extended only the revision of UGC/AICTE pay scale retrospectively from 01.01.96 withholding all other benefits, on the recommendation of the Government of India, including fixation of pay at Rs.14940 on completion of the 5 years in the cadre of SGL/Reader/Asst. Professor. Until the Government of India clears extension of other benefits they will not be entitled to the benefit of aforesaid fixation of pay at Rs.14,940. Promotion/Placement under CAS, Advance Increments etc., as laid down in GO No:ED 100 UNE 99 dt:15-11-99, ED 99 UNE 99 dt:15-11-99, ED 188 DCE 99 dt:15-11-99 and ED 117 DTE 98 dt:16-06-2000 and subsequent GOs which do not have coverage for Physical Education and Library Staff.
(2) Until further orders of the Government extending other benefits flowing from 1996 revision of UGC pay scales, such of the aforesaid Physical Education and Library personnel drawing UGC pay scale shall not be granted other benefits contained in the Government Orders extending UGC pay scales as revised from 01-01-96.”
12. Thereafter, the University Grants Commission, vide communication at Annexure-R2 dated 19.10.2006 made applicable the benefit of revised pay-scale under Annexure- A1 to the Cadre of Assistant Librarians and Assistant Director of Physical Education etc. The relevant paragraph of the said communication reads as follows:
“ 2. Career Advancement Scheme for Assistant Director of Physical Education/College Director of Physical Education.
(vi) The Deputy DPEs/Assistant DPEs (Selection Grade)/College DPEs (Selection Grade) with 5 years as on 1.1.1996 shall be eligible for placement at the minimum of Rs.14940/- as done in the case of Readers. ”
13. Based on that the Government issued Annexure- R2, the Government Order dated 04.07.2008. Under the said Government Order, the revised pay-scale of Rs.14940/- is extended to the Selection grade Physical Education Directors with effect from 27.07.1998 notionally and prospectively. As per Annexures – R1 and R2 the petitioners are entitled for fixation of the said pay-scale with effect from 27.07.1998 only. The said scale is fixed notionally for fixation of pension / retirement benefits of petitioners. Since petitioners retired prior to October 2006 they are not entitled to actual monetary benefits with effect from 01.01.1996 or any arrears on that basis. This position is clearly explained by the Division Bench of this Court in W.A. No.234/2007 and 94/2007 dated 29.04.2011.
14. The petitioners have not challenged Annexure- R2, the Government Order dated 04.07.2008. The perusal of the Order and Judgment in N.Ramesh and K.C. Patil’s cases, relied upon by the petitioners show that in none of these cases, the validity of the Government Order dated 04.07.2008 was questioned. The Supreme Court in the case of ANNAMALAI UNIVERSITY referred to supra has held that the directions / guidelines issued by the UGC pertaining to pay and related matters are mandatory and cannot be interfered with. Para 42 of the said Judgment reads as follows:
“42. The provisions of the UGC Act are binding on all Universities whether conventional or open. Its powers are very broad. The Regulations framed by it in terms of clauses (e), (f), (g) and (h) of sub-section (1) of Section 26 are of wide amplitude. They apply equally to open Universities as also formal conventional universities. In the matter of higher education, it is necessary to maintain minimum standards of instructions. Such minimum standards of instructions are required to be defined by the UGC. The standards and the coordination of work or facilities in Universities must be maintained and for that purpose required to be regulated. The powers of UGC under Section 26(1)(f) and 26(1)(g) are very broad in nature. Subordinate legislation as is well known when validly made becomes part of the Act….”
15. The respondents have rejected the claim of the petitioners for extension of benefit with effect from 01.01.1996 and the arrears of monetary benefits, based on the Government Order Annexure-R2. Annexure-R2 the Government Order dated 04.07.2008 has been issued on the basis of guidelines issued by the UGC under Annexure-R1. Having regard to the foregoing discussion, the Judgments of this Court in Writ Petition No.1588/2008 dated 13.02.2009 and W.A. Nos.30112/2013 and 30118/2013 dated 14.02.2013 are not applicable. We do not find any grounds to interfere with the Order Annexure-A. Therefore the Writ Petitions are dismissed.
Sd/- JUDGE Sd/- JUDGE sac*