Karnataka High Court
C.Shivakumar vs State Of Karnataka By on 3 March, 2025
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WP No. 19467 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
WRIT PETITION NO. 19467 OF 2022 (S-RES)
BETWEEN:
1. C.SHIVAKUMAR,
S/O C.CHANNABASAPPA,
AGED ABOUT 68 YEARS,
RETD. SELECTION GRADE PHYSICAL EDUCATION
DIRECTOR,
HPS DEGREE COLLEGE,
HARAPANAHALLI-583 131,
R/A: CHANNAPPANAHATTI,
DUMMI POST, HOLALKERE TALUK,
CHITRADURGA DISTRICT.
2. S.SHANTHAMALLU,
S/O. H. M. SHIVANANJAPPA,
AGED ABOUT 77 YEARS,
RETD. SELECTION GRADE PHYSICAL EDUCATION
DIRECTOR,
Digitally JSS ARTS AND COMMERCE COLLEGE
signed by
SUMA GUNDLUPET - 571 111,
Location: CHAMARAJANAGARA DISTRICT,
HIGH R/A: NO.6, BLOCK NO.24,
COURT
KARNATAKA BEHIND TELEPHONE EXCHANGE,
JSS LAYOUT, MYSURU - 29.
...PETITIONERS
(BY SRI. MURALIDHAR K B., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
ITS PRINCIPAL SECRETARY TO GOVERNMENT,
EDUCATION DEPARTMENT (HIGHER EDUCATION),
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WP No. 19467 of 2022
M.S. BUILDINGS,
BENGALURU - 560 001.
2. THE COMMISSIONER FOR
COLLEGIATE EDUCATION IN KARNATAKA,
UNNATHA SHIKSHANA SOUDHA,
SHESHADRI ROAD,
BENGALURU - 560 001.
3. THE JOINT DIRECTOR OF COLLEGIATE EDUCATION,
NEAR SAHYADRI COLLEGE,
SHIVAMOGGA - 577 203.
4. THE JOINT DIRECTOR OF COLLEGIATE EDUCATION,
MYSURU - 570 001.
5. THE ACCOUNTANT GENERAL IN KARNATAKA (A & E)
PARK HOUSE,
BENGALURU - 560 001.
...RESPONDENTS
(BY SMT.PRATHIBHA, AGA FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUITION OF INDIA PRAYING TO QUASH THE
IMPUGNED ENDORSEMENT BEARING NO.PRAA.KA.SHI./ KAA/ SHI/
E/ 369/ 14940/ HPS02016-17 DTD 22.02.2017 ANNEXURE-Y ISSUED
BY THE R3 TO THE 1ST PETITIONER AND IMPUGNED ENDORSEMENT
BEARING NO.KAA.SHI.E/ 127/ PINCHANI/ 14940/ CR1/2016-17DTD
25.02.2017 ANNEXURE-Z ISSUED BY THE R2 TO THE 2ND
PETITIONER IN SO FAR AS THE PETITIONERS ARE CONCERNED,
HOLDING THEM AS ILLEGAL, BAD IN LAW, ARBITRARY ONE,
DISCRIMINATORY AND THUS VIOLATIVE OF ARTICLES 14 AND 16 OF
THE CONSTITUTION OF INDIA AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
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WP No. 19467 of 2022
ORAL ORDER
The petitioners have sought for a writ in the nature of
certiorari to quash the endorsement bearing No.Praa.Ka.Shi/
Kaa.Shi.E/ 369/ 14940/ H.P.S./ 2016-17 dated 22.02.2017
issued by the respondent No.3 and the endorsement bearing
No.Kaa.Shi.E/ 127/ Pinchani/ 14940/ CR1/ 2016-17 dated
25.02.2017 issued by the respondent No.2. They have also
sought for a writ in the nature of mandamus to direct the
respondent to extend the revised UGC pay scales of 1996 to
the petitioners by fixing their pay at Rs.14,940/- as and when
they completed 5 years of service as Selection Grade Physical
Education Directors as per the order of Government of India
dated 06.11.1998 and as per the judgment of this Court in
W.P.No.5855/2008 and to grant consequential monetary
benefits such as arrears of salary and retirement benefits etc.,
2(i). The petitioners contend that the Government of
India, vide its letter bearing No.F-1-21/87 U.I dated
22.07.1988 had informed all Education Secretaries in the
country to sanction UGC pay scale with effect from 01.01.1986
to Teachers, Librarians and Physical Education Instructors in
Universities and Colleges in the country. It had prescribed
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similar pay scales for Teachers, Librarians and Physical
Education Instructors. It was stated in Appendix - II of the said
letter that librarian and physical education personnel in a
college who had put in 8 years of service would be placed in
Senior Scale and Librarian and Physical Education Personnel
who had put in more than 8 years of service and who did not
possess a Ph.D would be placed in scale of Selection Grade.
Similar provision had also been made in case of Teachers. It is
contended that the State Government had issued orders in the
year 1990 and 1991 extending the Revised UGC pay scales with
effect from 01.01.1986 to Teachers, Librarians and Physical
Education Instructors in Government and Aided Colleges under
the control of the Department of Collegiate Education.
(ii) The petitioners contend that Physical Education
Instructors and Librarians were also performing the duties
similar to that of Teachers and were drawing salary similar to
Teachers. They contend that on the direction of UGC, the
respondent No.1 passed an order dated 17.11.1997 and
27.06.1998 treating the Physical Education Instructors and
Librarian on par with teachers.
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(iii) The petitioners contend that the revision of pay
scales was to be given effect from 01.01.1996. Accordingly,
the Government of India addressed a letter bearing No.F-1-
21/87 U.I dated 27.07.1998 to all Education Secretaries
sanctioning the UGC pay scales of teachers in Universities and
Colleges. The petitioners contended that the Librarian and
Physical Education Personnel were treated as teachers by the
Government of India, UGC and the State of Karnataka. In
terms of the orders referred to above, the pay Revision Letter
dated 27.07.1998 had also referred to them as "Revision of pay
scale of teachers", which included librarians and physical
education instructors. However, in the latest revision, it was
stated that a lecturer of a college who had put in 6 years of
service would be placed in Senior Scale and lecturer who had
put in 5 years of service and who does not possess a Ph.D
would be placed in the scale of Selection Grade, likewise,
provision was made in case of Physical Education Directors and
Librarians also. It was mentioned in the letter dated
27.07.1998 referred supra that the revised scales of pay would
be given prospective effect from the date of issuance of the
letter. This was followed by letter addressed by the
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Government of India on 22.09.1998 clarifying that the
allowances other than Dearness Allowance would be admissible
with effect from 01.08.1997. It is contended that in
supersession of the above letter dated 22.09.1998, the
Government of India addressed a letter bearing No.F-1-22/97-
U.I dated 06.11.1998 stating therein:
"1. PAY SCALES i) The revised scales mentioned
in Annexure-I of our letter dated 27.7.1998 shall be
effective from 1.1.1996. Accordingly, the Annexure - II
enclosed with the letter referred to may be treated as
withdrawn.
ii) The fixation of pay of Lecturers (Selection
Grade)/Readers in the pre-revised scale of Rs.3700-125-
4950-150-5700/- who were selected strictly in
accordance with the rules and regulations framed by the
UGC and who were in position as Lecturers (Selection
Grade)/Readers as on 1.1.1996, will be made in a
manner that they get their pay fixed at the minimum of
Rs.14940/-, in the revised scale of Rs.12000-420-18300
as and when they complete 5 years in the grade".
(iv) It is contended that UGC had issued a notification
dated 24.12.1998 following the above communication. The
petitioners contend that in the letter dated 06.11.1998
addressed by the Government of India, it was stated that the
fixation of pay of Lecturers (Selection Grade)/Readers in the
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pre-revised scale of Rs.3700-125-4950-150-5700/- who were
selected strictly in accordance with rules and regulations
framed by the UGC and who were working as Lecturers
(Selection Grade)/Readers as of 01.01.1996 would be made in
a manner that they would get their pay scale fixed at minimum
of Rs.14,940/-, in the pay scale of Rs.12000-420-18300 as and
when they completed 5 years in the grade. The petitioners
contend that the only criterion for fixation of pay at Rs.14,940/-
was that the Lecturers/ /Librarian/Physical Education Personnel
should be in the Selection Grade prior to 01.01.1996.
3. The State Government issued a Government Order
dated 15.11.1999 following the communication addressed by
the Government of India, extending the Revised UGC Pay
Scales with effect from 01.01.1996 to the Teachers, Librarians
and Physical Education Instructors in Government and Aided
Colleges. Contrarily, the pay scales of Librarians and Physical
Education Personnel who had completed 5 years of service in
that grade as on 01.01.1996 was fixed at Rs.14,940/- with
effect from 01.01.1996 and also as and when they had
completed 5 years of service in Selection Grade. However, in
some areas they were denied the fixation of pay scale at
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Rs.14,940/- stating that the fixation has been provided before
Lecturers. It is contended that the issue of denial of fixation of
pay scale at Rs.14,940/- with effect from 01.01.1996 came up
for consideration before Co-ordinate Bench of this Court in
W.P.No.5855/2008. The Co-ordinate Bench referred to the
judgments of the Supreme Court and High Court and held that
the petitioner therein, was entitled to fixation of pay at
Rs.14,940/- with effect from 01.01.1996. This judgment was
challenged in Writ Appeal No.3750/2009. The Division Bench
after considering the contentions urged therein rejected the
contention of the State Government and held that the
Government order should not be read in isolation but should be
read with conjunction giving weightage for the persons who had
put in longer period of service, which was more than 5 years.
It was contended that following the judgment of the Division
Bench, the State Government re-fixed the pay scale to all the
petitioners in W.P.No.5855/2008 subject to the outcome of the
special leave petition that may be filed. The judgment of the
Division Bench was then challenged in SLP (C) No.8211/2011.
The Hon'ble Supreme Court dismissed the special leave petition
on 12.05.2011. The petitioner contend that following the
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judgment of the Division Bench which was upheld by the Apex
Court, another Co-ordinate Bench of this Court in
W.P.No.65861-62/2012 was pleased to grant the relief.
Following the above, the respondents have stated that they
have implemented the order and have fixed the pay scale at
Rs.14,940/- with effect from 01.01.1996. The petitioners
therefore contended that they are also entitled for the revision
of their pay scales and to be fixed at Rs.14,940/- with effect
from 01.01.1996. In support of these contentions, the learned
counsel for the petitioners relied upon the judgment of the Co-
ordinate Bench of this Court in W.P.No.3271/2020 and
contended that under similar circumstances, this Court had
granted relief and therefore, the petitioners are also entitled to
be treated on par.
4. Learned Government Advocate for the respondents
fairly submits that the issue in this writ petition is squarely
covered on all fours by the Judgment of the Division Bench of
this Court, which was upheld by the Hon'ble Supreme Court. In
that view of the matter, this writ petition also deserves to be
disposed off on similar terms.
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5. Consequently, the following order is passed:
ORDER
i) Writ petition is allowed.
ii) The impugned endorsement issued to the
petitioners bearing No.Praa.Ka.Shi/
Kaa.Shi.E/ 369/ 14940/ H.P.S./ 2016-17
dated 22.02.2017 and Kaa.Shi.E/ 127/
Pinchani/ 14940/ CR1/ 2016-17 dated
25.02.2017 are quashed.
iii) The petitioners are entitled for re-fixation of
their pay scale at Rs.14,940/- with effect
from 01.01.1996.
iv) It is needless to mention that the petitioners
shall be entitled to all consequential benefits.
v) This shall be complied within three months
from the date of receipt of the copy of this
order.
Sd/-
(R. NATARAJ)
JUDGE
