Karnataka High Court
Dr K M Kempe Gowda vs The State Of Karnataka on 13 February, 2023
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
-1-
WP No. 7269 of 2021
C/W WP No. 7326 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 7269 OF 2021 (S-RES)
C/W
WRIT PETITION NO. 7326 OF 2021 (S-RES)
IN W.P.NO.7269/2021:
BETWEEN:
1. DR. B. S. REDDY
S/O. G. SOMAPPA,
AGED ABOUT 62 YEARS,
RETIRED PRINCIPAL,
R.L. LAW COLLEGE,
DAVANAGERE, R/AT DOOR NO. 2782/211,
4TH MAIN, S.S. LAYOUT, B BLOCK,
DAVANAGERE-557 005.
Digitally 2. DR. J. M. MALLIKARJUNAIAH
signed by S/O. THIPPESWAMY,
NARASIMHA
MURTHY AGED ABOUT 50 YEARS,
VANAMALA PRINCIPAL, K.L.E. LAW COLLEGE,
Location: BENGALURU,
HIGH R/AT NO. 909, 29TH MAIN ROAD,
COURT OF
KARNATAKA SHREEGANDADAKAVAL,
NAGARABHAVI, BENGALURU-560 091.
3. DR. MAHESH R. SHARANAPPA
S/O. SHARANAPPA,
AGED ABOUT 37 YEARS,
ASSISTANT PROFESSOR,
K.L.E. LAW COLLEGE,
BENGALURU,
R/AT MANJULA BUILDING,
-2-
WP No. 7269 of 2021
C/W WP No. 7326 of 2021
KEMPEGOUDA LAYOUT,
RAJAGOPAL NAGAR,
PEENYA 2ND STAGE,
BENGALURU-560 058.
4. DR. VIJAY MURADANDE
S/O. VIRUPAX,
AGED ABOUT 41 YEARS,
ASSISTANT PROFESSOR,
S.A. MANVI LAW COLLEGE,
GADAG,
R/O. C/O. KIRANA NILAYA,
MUNICIPAL COLONY, 2ND CROSS,
KELAGOTE, CHITRADURGA-577 501.
5. KARIGOWDA S.
S/O. LATE SIDDEGOWDA,
AGED ABOUT 58 YEARS,
LIBRARIAN,
V.V. PURAM COLLEGE OF LAW,
BENGALURU,
R/AT NO. 13, 2ND CROSS,
OPP. RAGHAVENDRA MATA,
PAPAREDDY PALYA,
NAGARABHAVI, 2ND STAGE,
BENGALURU-560 079.
6. DR. SANJEEVE GOWDA
S/O. LATE SANNATAMME GOWDA,
AGED ABOUT 42 YEARS,
ASSISTANT PROFESSOR,
V.V. PURAM COLLEGE OF LAW,
BENGALURU, R/AT NO. 10,
BEHIND ST. JOHN HIGH SCHOOL,
PAPAREDDY PALYA,
NAGARABHAVI, 2ND STAGE,
BENGALURU-560 072.
7. S. T. MURASHILLIN
S/O. TOTAPPA FAKIRAPPA MURASHILLIN,
AGED ABOUT 56 YEARS,
ASSISTANT PROFESSOR,
S.A. MANVI LAW COLLEGE,
R/O. NO. 881, 18TH MAIN,
-3-
WP No. 7269 of 2021
C/W WP No. 7326 of 2021
2ND STAGE, JNANABHARATI LAYOUT,
MARIYAPPANAPALYA,
BENGALURU-560 056.
8. MANJUNATHA. N. G.
S/O. GURAPPA. M,
AGED ABOUT 37 YEARS,
ASSISTANT PROFESSOR,
VIDYODAYA LAW COLLEGE
TUMKUR,
R/AT SREE MAHALAKSHMI
BETERAYASWAMY NILAYA,
BANASHANKARI II STAGE, 1ST CROSS,
KUMMATAYYA EXTENSION,
MARALURU MAIN ROAD,
TUMKUR-572 105.
9. MANJULA. N. S.
W/O. N. SADANANDAM SHETTY,
AGED ABOUT 43 YEARS,
ASSISTANT PROFESSOR,
VIDYODAYA LAW COLLEGE,
TUMKUR,
R/AT SANJEEVINI NILAYA,
BEHIND URDU SCHOOL,
UPPARHALLI, TUMKUR-572 136.
10. DR. SHWETHA DESHPANDEY
W/O. SUDHINDRA DESHPANDE,
AGED ABOUT 45 YEARS,
ASSISTANT PROFESSOR,
KPES DR. G. M. PATIL,
LAW COLLEGE DHARWAD,
R/O. C/O. KIRANA NILAYA,
MUNICIPAL COLONY, 2ND CROSS,
KELAGOTE, CHITRADURGA-577 501.
11. NATARAJA. G. Y.
S/O. YOGACHARI,
AGED ABOUT 49 YEARS,
ASSISTANT PROFESSOR,
VIDYODAYA LAW COLLEGE,
TUMKUR,
R/AT NO. 124, 14TH CROSS,
-4-
WP No. 7269 of 2021
C/W WP No. 7326 of 2021
1ST MAIN, 1ST STAGE,
AECS LAYOUT,
SANJAYANAGAR,
BENGALURU-560 094.
12. NARAYANASWAMY. A
S/O. LATE A. PULLAIAH,
AGED ABOUT 53 YEARS,
ASSISTANT PROFESSOR,
VIDYODAYA LAW COLLEGE,
TUMKUR,
R/AT SRI. HARI NIVAS,
1ST MAIN, 3RD CROSS,
AMARJYOTHI NAGAR,
TUMKUR-572 102.
13. RASHIMI. R
W/O. RAJANN. K,
AGED ABOUT 34 YEARS,
ASSISTANT PROFESSOR,
K.L.E.LAW COLLEGE,
BENGALURU,
R/AT NO. 95, 2ND MAIN,
16TH CROSS, NN FORMS,
SANJAY NAGAR, BENGALURU-560094.
14. DR. S. V. SOGI
S/O. VIRUPAXSHAPPA SOGI,
AGED ABOUT 58 YEARS,
PRINCIPAL
HURAKADLI AJJA LAW COLLEGE,
DHARWAD,
R/O. LAKSHMIPURA,
NAGANAHALLI POST,
MYSURU TALUK AND DISTRICT-570 003.
15. DR. S. D. NIRVANI
W/O. THAMMANNA S. NIRVANI,
AGED ABOUT 57 YEARS,
ASSISTANT PROFESSOR,
HURAKADLI AJJA LAW COLLEGE,
DHARWAD,
R/O. C/O. FF 102, 2ND BLOCK,
MANASA APARTMENT,
-5-
WP No. 7269 of 2021
C/W WP No. 7326 of 2021
JAYALAKSHMIPURAM,
MYSORE-570 012.
16. DR. TARANATH
S/O. ANANDA SHETTY,
AGED ABOUT 50 YEARS,
ASSISTANT PROFESSOR,
S.D.M. LAW COLLEGE,
MANGALURU,
R/AT DOOR NO. 2/111/2A7,
SAPATAGIRI,
BEHIND ABAY MARBLES,
HOSABETTU, SURATHKAL,
MANGALURU-577 029.
17. DR. BALIKA
W/O. N. VISHWASEN SHETTY,
AGED ABOUT 51 YEARS,
ASSISTANT PROFESSOR,
S.D.M. LAW COLLEGE,
MANGALURU,
R/AT PRANAMYA,
BHAGAVATHINAGAR, 2ND CROSS,
KODIALGUTTU WEST,
MANGALURU-575 003.
18. SANTHOSH KUMARA. A
S/O. MUKUNDA PRABHU,
AGED ABOUT 36 YEARS,
ASSISTANT PROFESSOR,
S.D.M. LAW COLLEGE,
MANGALURU,
R/AT PRABHU NILAYA,
AJERU HOUSE, PUNACHA POST,
BANTWAL TALUK,
D.K. DISTRICT-574 243.
19. SHASHIDHAR. S. GALIMATH
SHIVAPRAKASH G. GALIMATH,
AGED ABOUT 35 YEASR,
ASSISTANT PROFESSOR,
HURAKADLI AJJA LAW COLLEGE,
DHARWAD,
R/O. KIRANA NILAYA,
-6-
WP No. 7269 of 2021
C/W WP No. 7326 of 2021
MUNICIPAL COLONY, 2ND CROSS,
KELAGOTE, CHITRADURGA-577 501.
20. DR. T. C. PANKAJA
W/O. CHANDRASHEKHAR T. P.,
AGED ABOUT 41 YEARS,
ASSISTANT PROFESSOR,
R.L. LAW COLLEGE, DAVANAGERE,
R/AT NO. 858, 4TH MAIN,
4TH CROSS, VIDYANAGAR,
DAVANAGERE.
21. SREENIVAS PALCONDA
S/O. P. CHANDRAMOULI,
AGED ABOUT 48 YEARS,
ASSISTANT PROFESSOR,
B.V. BELLAD LAW COLLEGE,
BELAGAVI, R/O. C/O. 2ND CROSS,
KANAKA NAGAR, NEAR NH 13,
CHITRADURGA-577 501.
22. DR. MANOJ KUMAR V. HIREMATH
S/O. VISHWANATH,
AGED ABOUT 36 YEARS,
ASSISTANT PROFESSOR,
K.L.E. LAW COLLEGE,
BENGALURU,
R/AT NO. 27, RAM VILLA,
1ST CROSS, 1ST MAIN,
RAMRAO LAYOUT, KATRIGUPPE,
BSK 3RD STAGE, BENGALURU-560 085.
23. SMT. ANITA. A. S.
W/O. LATE JAYARAMEGOWDA H.C.,
AGED ABOUT 45 YEARS,
OCC HOUSEWIFE,
R/O. NO. 24, 16TH MAIN,
AGS LAYOUT, AREHALLI,
SUBRAMANYAPURA POST,
BENGALURU-560 061.
...PETITIONERS
-7-
WP No. 7269 of 2021
C/W WP No. 7326 of 2021
(BY SRI. ADIT CHANDANGOUDAR, ADVOCATE, FOR
SRI SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
LAW AND HUMAN RIGHTS DEPARTMENT,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU-560 001,
REP. BY PRINCIPAL SECRETARY.
2. THE SECRETARY
FINANCE DEPARTMENT (SERVICES AND
EXPENDITURE-10)
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU-560 001.
3. THE COMMISSIONERATE OF COLLEGIATE
EDUCATION
AMBEDKAR VEEDHI,
SAMPGANI RAMA NAGAR,
BENGALURU, KARNATAKA-560 009,
REP BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI. T.P.SRINIVASA, PRL. GOVERNMENT
ADVOCATE)
THIS PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO
STRIKE DOWN CLAUSE 12 OF THE GOVERNMENT
ORDER NO.LAW 56 KLM 2019 BENGALURU DATED
10.12.2019 VIDE ANNX-C ISSUED BY R-1 AS VIOLATIVE
OF ARTICLE 14 OF THE CONSTITUTION OF INDIA AND
QUASH ENDORSEMENT BEARING NO. LAW 08 KLM
2019 DATED 25.02.2021 VIDE ANNX-E ISSUED BY R-1
-8-
WP No. 7269 of 2021
C/W WP No. 7326 of 2021
AS VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION
OF INDIA AND DIRECT R-1 TO 3 TO PAY THE ARREARS
OF BASIC PAY AS PER THE RECOMMENDATION OF 7TH
PAY COMMISSION TO THE PETITIONERS.
IN W.P.NO.7326/2021:
BETWEEN:
1. DR K M KEMPE GOWDA
K BOREGOWDA
AGED ABOUT 54 YEARS
PRINCIPAL
VIVEKANANDA COLLEGE OF LAW
BENGALURU
R/A 881, 18TH MAIN
2ND STAGE, JNANABHARATI LAYOUT
MARIYAPPANAPALYA
BENGALURU-560056.
2. DR N D GOWDA
S/O NARAYANAPPA M R
AGED ABOUT 50 YEARS
ASSISTANT PROFESSOR
SARASWATHI LAW COLLEGE
CHITRADURGA, R/A KIRANA NILAYA
MUNICIPAL COLONY
2ND CROSS, KELAGOTE
CHITRADURGA - 577501.
3. SMT VASUNDHARA B
W/O SHARANAPPA
AGED ABOUT 48 YEARS
ASSISTANT PROFESSOR
SETH CHUNILAL
AMARCHAND BOHRA LAW COLLEGE
RAICHUR
R/O C/O KIRANA NILAYA
MUNICIPAL COLONY
2ND CROSS, KELAGOTE
-9-
WP No. 7269 of 2021
C/W WP No. 7326 of 2021
CHITRADURGA-577501.
4. L SRISHYLA
W/O P LINGARADHYA
AGED ABOUT 40 YEARS
ASSISTANT PROFESSOR
SARASWATHI LAW COLLEGE
CHITRADURGA
R/A 2ND CROSS, KANAKA NAGAR
NEAR NH 13, CHITRADURGA-577501.
5. SHANKARAPPA V MALASHETTY
S/O VEERAPPA
AGED ABOUT 63 YEARS
RETIRED LIBRARIAN
R V BIDAPPA LAW COLLEGE
BIDAR, R/O C/O MANJULA BUILDING
KEMPEGOWDA LAYOUT
RAJAGOPALA NAGAR
PEENYA 2ND STAGE
BENGALURU-560058.
6. DR K S KARIYANNA
S/O SIDDARAMAPPA K
AGED ABOUT 37 YEARS
ASSISTANT PROFESSOR
SARASWATHI LAW COLLEGE
CHITRADURGA
R/A KRISHNAPURA
DHARMAPURA POST
HIRIYUR TALUK
CHITRADURGA-577546.
7. A M MALLIKARJUNAIAH
S/O MALLAPPA
AGED ABOUT 46 YEARS
ASSISTANT PROFESSOR
SETH CHUNILAL
AMARCHAND BOHRA LAW COLLEGE
RAICHUR
R/O C/O DOOR NO.2782/211
4TH MAIN, S S LAYOUT
B BLOCK, DAVANAGERE-577005.
- 10 -
WP No. 7269 of 2021
C/W WP No. 7326 of 2021
8. PROF(DR) PRAKASH KANAVI
S/O MANJAPPA GOWDA K
AGED ABOUT 60 YEARS
ASSISTANT PROFESSOR
VYUKUNTA BALIGA LAW COLLEGE
UDUPI
R/A UJJAINI NITTUR ADKADAKATTE ROAD
NITTUR POST
UDUPI-576103.
9. DR NIRMALA KUMARI K
W/O GOPALA RAO K
AGED ABOUT 58 YEARS
ASSISTNAT PROFESSOR
VYUKUNGA BALIGA LAW COLLEGE
UDUPI, R/A 40-7, A-2
HARIPRIYA, SAGRI
KUNJIBETTU POST
UDUPI-576102.
10. PRAKASH BHURE
S/O BABURAO
AGED ABOUT 59 YEARS
PHYSICAL EDUCATION DIRECTOR
R V BIDAPPA LAW COLLEGE
BIDAR
R/O C/O DOOR NO.2782/211
4TH MAIN, S S LAYOT
B BLOCK
DAVANAGERE-577005.
11. P DEEPU
W/O NAVEEN
AGED ABOUT 36 YEARS
ASSISTANT PROFESSOR
VIDYAVARDHAKA LAW COLLEGE
MYSORE
R/A LAKSHMIPURA
NAGANAHALLI POST
MYSURU TALUK AND DISTRICT-570003
12. S B BORE GOWDA
S/O BOREGOWDA S K
AGED ABOUT 41 YEARS
- 11 -
WP No. 7269 of 2021
C/W WP No. 7326 of 2021
ASSISTANT PROFESSOR
VIDYAVARDHAKA LAW COLLEGE
MYSORE
R/A MATHS MEDICALS
SHIVALLY, DUDDA HOBLI
MANDYA TALUK AND DISTRICT-571405.
13. DR K RAJANI KUMARI
W/O K RANGA REDDY
AGED ABOUT 54 YEARS
PRINCIPAL/ASSISTANT PROFESSOR
VUNKI SANNA RUDRAPPA
LAW COLLEGE, BELLARY
R/O NO.13, 2ND CROSS
OPP RAGAVENDRA MATA
PAPAREDDY PALYA
NAGARABHAVI 2ND STAGE
BENGALURU-560079.
14. T M PRASHATH
S/O MANJUNATH T R
AGED ABOUT 40 YEARS
ASSISTANT PROFESSOR
VIDYAVARDHAKA LAW COLLEGE
MYSORE
R/A NO.60, VENKATALINGAIAH LAYOUT
SIDDARTHANAGAR
MYSURU-570011.
15. SRIDEVI KRISHNA
W/O B K KRISHNA
AGED ABOUT 37 YEARS
ASSISTANT PROFESSOR
VIDYAVARDHAKA LAW COLLEGE
MYSURU
R/A FF 102, 2ND BLOCK
MANASA APARTMENT
JAYALAKSHMIPURAM
MYSORE-570012.
16. DR NATARAJU S
S/O SHAMBULINGAPPA M S
AGED ABOUT 57 YEARS
ASSISTANT PROFESSOR
- 12 -
WP No. 7269 of 2021
C/W WP No. 7326 of 2021
J S S LAW COLLEGE
MYSORE, R/A 576, IV MAIN ROAD
I BLOCK, RAMAKRISHNA NAGAR
MYSURU-570023.
17. S S NAGATHAN
S/O SHIVAPAP NAGATHAN
AGED ABOUT 45 YEARS
ASSISTNAT PROFESSOR
ANJUMAN LAW COLLEGE
VIJAYAPURA, R/O C/O NO.10
BEHIND ST JOHN HIGH SCHOOL
PAPAREDDY PALYA
NAGARABHAVI II STAGE
BENGALURU-560072.
18. PRABHU SWAMY M M
S/O LATE MUDDAPPA
AGED ABOUT 59 YEARS
ASSISTANT PROFESSOR
J S S LAW COLLEGE
MYSORE, R/A L224, 3RD STAGE
KUVEMPU NAGAR
NEAR RMP QUARTERS
MYSURU-570023.
19. DR VANISHREE N
W/O A NAGARAJAN
AGED ABOUT 49 YEARS
ASSISTANT PROFESSOR
J S S LAW COLLEGE
MYSORE, R/A NO.1350
CAUVERY NILAYA, 1/4TH CROSS
E AND F BLOCK, RAMAKRISHAN NAGAR
MYSURU-570023.
20. SMT T P KADECHUR
W/O PRAKASH KADECHUR
AGED ABOUT 40 YEARS
ASSISTANT PROFESSOR
ANJUMAN LAW COLLEGE
VIJAYAPURA
R/O SREE MAHALAKSHMI
- 13 -
WP No. 7269 of 2021
C/W WP No. 7326 of 2021
BETERAYASWAMY NILAYA
BANASHANKARI II STAGE 1ST CROSS
KUMMATAYYA EXTENSION
MARALURU MAIN ROAD
TUMKUR-572105.
21. SMT USHARANI M C
W/O CHIKKANDANI
AGED ABOUT 44 YEARS
ASSISTANT PROFESSOR
J S S LAW COLLEGE
MYSORE, R/A NO.12, 1ST MAIN
1ST CROSS, DGM LAYOUT
SRIRAMPURA 3RD STAGE
NEAR VIVEKANAND NAGAR
MYSURU-570023.
...PETITIONERS
(BY SRI. ADIT CHANDANGOUDAR, ADVOCATE, FOR
SRI SHIVAPRASAD SHANTANAGOUDAR.,
ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
LAW AND HUMAN RIGHTS DEPARTMENT
GOVERNMENT OF KARNARTAKA
VIDHANA SOUDHA
BENGALURU-560001
REP BY PRINCIPAL SECRETARY
2. THE SECRETARY FINANCE DEPARTMENT
(SERVICES AND EXPENDITURE-10)
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU-560001.
3. THE COMMISSIONER OF COLLEGIATE EDUCATION
AMBEDKAR VEEDHI
SAMPANIG RAMA NAGAR
BENGALURU
- 14 -
WP No. 7269 of 2021
C/W WP No. 7326 of 2021
KARNATAKA-560009
REP BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI. T.P.SRINIVASA, GOVERNMENT ADVOCATE FOR
R3;
R1 AND R2 SERVED)
THIS PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTION
TO STRIKE DOWN CLAUSE 12 OF THE GOVERNMENT
ORDER DATED 10.12.2019 AT ANNEXURE-C AS
VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF
INDIA; QUASH ENDORSEMENT BEARING DATED
25.02.2021 AT ANNX-E AS VIOLATIVE OF ARTICLE 14
OF THE CONSTITUTION OF INDIA; DIRECT R-1 TO 3 TO
PAY THE ARREARS OF BASIC PAY AS PER THE
RECOMMENDATION OF 7TH PAY COMMISSION TO THE
PETITIONERS.
THESE PETITIONS, COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioners in these writ petitions are working as teaching staff with the different colleges under the aegis of Department of Law and they have been granted the benefit of revision of pay scales in terms of the order dated 10.12.2019. The petitioners
- 15 -
WP No. 7269 of 2021C/W WP No. 7326 of 2021 are aggrieved by Clause 12 of the order which reads as under:
"12. Payment of arrears of pay revision: As the 2016 Revised CGC Pay Matrix has been structured by merging the 125% of Dearness Allowance as on 01.01.2016 sanctioned in the pre-revised scale and the State Government has sanctioned 39% of DA subsequent to the date of implementation of the 2016 Revised CGC Pay Matrix the question of payment of arrears to the teachers does not arise."
2. The petitioner's case essentially is that the benefits of revised pay scales are extended to the petitioners in the light of the benefit of revised pay scale extended to the teachers, librarians, physical education personnel and others in the universities of the State coming under the purview of Higher Education Department vide the order dated 16.03.2019. In terms of this order, even arrears should have been allowed but that is refused in terms
- 16 -
WP No. 7269 of 2021C/W WP No. 7326 of 2021 of the impugned Clause 12 of the order dated 10.12.2019.
3. Sri Adit Chandangoudar, the learned counsel for the petitioners, submits that because the benefit of revised pay scale is extended on the ground of parity, the petitioners cannot be denied arrears. On the other hand, Sri.T.P.Srinivasa, the learned Principal Government Advocate for the respondents, submits that because of the financial burden of the State exchequer, and for the reasons stated in Clause 12 in the order dated 10.12.2019, payment of arrears is not allowed in the case of the petitioners.
4. Sri. Adit Chandangoudar also contends that though it is contended that financial burden is the reason for denial, from a reading of the recital in the order dated 16.03.2019, and the impugned Clause 12, what emerges is a complete lack of application of mind in this regard. He draws the
- 17 -
WP No. 7269 of 2021C/W WP No. 7326 of 2021 attention of this Court to the following paragraph in the order dated 16.03.2019 which reads as under:
"The revised Central Government Pay Scales have been structured by merging the Dearness allowance of 125% sanctioned from 01.01.2016 in the pre-revised pay scale. Subsequent to the revision of Central Government pay scales w.e.f. 01.01.2016, the State Government, in G.O. dated:
30.10.2018 read at (7) above have sanctioned 148% of Dearness Allowance, subsequent to 01.07.2016 till 01.07.2018, to the teachers, librarians, Physical Education personnel & equivalent cadre staff in Govt./Aided colleges and Universities in the State, who are drawing pay in the 2006 Revised UGC Pay scales.
Resultantly, the State Government has sanctioned 23% of Dearness Allowance in the pre-revised pay scales to these category of employees as against 09% of D.A. sanctioned by the GOI in the 2016 RPS. Further, these employees are paid HRA at the rate of 30%, 20% and 10% of Basic pay till date, as against 24%, 16% and 8% of revised HRA rates applicable to the Central
- 18 -
WP No. 7269 of 2021C/W WP No. 7326 of 2021 Government employees w.e.f.01.01.2016. Accordingly, while implementing the Revised Pay Scheme to these faculties, working in Govt./Aided Colleges and in Universities in the State, the Government have kept these aspects in mind." It is undisputed that the petitioners are allowed the benefit of revised pay scale on the ground of parity as argued by Sri Adit Chandangoudar, but there is no elucidation to justify that the petitioners could be denied the benefit on the ground that there would be a financial burden, or otherwise, even if they are extended benefit on the ground of parity. This Court is of the considered view that the question of payment of arrears to the petitioners as permitted to the teachers, librarians, physical education personnel and others in the colleges under the purview of Higher Education Department must be reconsidered.
- 19 -
WP No. 7269 of 2021C/W WP No. 7326 of 2021 As such, the petition stands disposed of with liberty to the petitioners to file a detailed representation for payment of arrears in the light of the reasons accorded in the Government Order dated 16.03.2019. The petitioners shall be at liberty to file such representation within four (4) weeks from the date of receipt of a certified copy of this order, and if such representation is filed, the third respondent shall consider the same in accordance with law expeditiously but within an outer limit of four (4) months from the date of receipt of such representation.
Sd/-
JUDGE SA ct:sr