Karnataka High Court
Sri K Govinde Gowda vs The Government Of Karnataka on 17 November, 2020
Author: M.Nagaprasanna
Bench: M. Nagaprasanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION NO.24460 OF 2018 (S-RES)
BETWEEN :
SRI K. GOVINDE GOWDA
S/O. BASAVE GOWDA
AGED ABOUT 64 YEARS,
R/AT KARIMARANAHALLI VILLAGE
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT PIN : 573201.
...Petitioner
(BY SRI JANARDHANA G., ADVOCATE - VC)
AND :
1. THE GOVERNMENT OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION,
M. S. BUILDING,
DR. B. R. AMBEDKAR VEEDHI,
BENGALURU - 560001.
2. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE EDUCATION,
PALACE ROAD,
TECHNICAL DEPARTMENT BHAVAN,
2
OPP. MAHARANIS SCIENCE COLLEGE,
BENGALURU - 560001.
3. THE JOINT DIRECTOR
DEPARTMENT OF COLLEGIATE EDUCATION,
MYSURU DIVISION,
MAHARANIS COLLEGE CAMPUS,
HUNSUR/ VINOBHA RAOD,
MYSURU - 570001.
4. THE PRINCIPAL
SRI ADI CHUNCHANAGIRI EDUCATION COLLEGE
CHANNARAYAPATNA,
HASSAN DIST - 573201.
... RESPONDENTS
(BY SRI R. SRINIVASA GOWDA, A.G.A. FOR R1 TO R3
- PH;
SRI SATHISHA M.V., ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO DIRECT THE RESPONDENTS TO EXTEND THE PAY
SCALE TO THE PETITIONER FROM THE DATE OF
ACQUIRING THE QUALIFICATION I.E., FROM JUNE 2001 IN
TERMS OF RECOMMENDATION MADE BY 4TH RESPONDENT
UNDER ANNEXURE-H DATED 11.08.2010 AND FURTHER
THEM TO SETTLE HIS PENSION, WHICH IS ENTITLED IN
TERMS OF THE REVISED UGC PAY SCALE AND GRANT ALL
SUCH SERVICE BENEFITS ACCORDINGLY.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING :
3
ORDER
The petitioner in this writ petition has sought for a direction to the respondents by issuance of a writ in the nature of mandamus directing payment of UGC pay scale with effect from 2001 and consequent order revising his pension.
2. The brief facts leading to filing of the present petition are, the petitioner was appointed on 18.02.1989 as Director of Physical Education in Adi Chunchanagiri College which was brought into grant-in-aid code on 20.04.1993 along with petitioner's post. Pursuant to the admission of the institution to grant-in-aid, a recommendation was made by the institution for grant of UGC pay scale to the petitioner in the light of UGC pay scales applicable to the post of Physical Education Directors with effect from 01.01.1996. On the recommendation made by the institution, the State Government kept the same in abeyance as the petitioner was not qualified to get UGC pay scales as he did not have 4 a M.Phil. degree, as is required for an entitlement for grant of UGC pay scale.
3. The petitioner later acquired the necessary qualification in the year 2001. After which the institution again recommended the case of the petitioner for grant of UGC pay scales by clearly indicating that the petitioner had acquired the necessary qualification for grant of the same in the year 2001 and is entitled to be granted UGC pay scales from 2001. The State Government on receipt of such recommendation sought clarification from the hands of the institution as to grant of UGC pay scales to identical Physical Education Teachers. On 15.04.2013 the State Government directed the institution to immediately furnish the details of Sri D.C. Shivanna, Sri K.L. Siddaramanna and Sri Bettaswamy, who have been granted UGC pay scales who are the teachers of the same institution.
4. The petitioner, in the mean time, retired on attaining the age of superannuation on 31.12.2014. On 5 such retirement, pension has been paid by taking into account State pay scales and has filed this writ petition seeking a direction to extend UGC pay scales to the petitioner and consequent revision in pension and other terminal benefits.
5. Since the issue is required to be considered by the State Government with regard to grant of UGC pay scale after assessment of entitlement of the petitioner as is granted to other two teachers, I deem it appropriate to direct the State Government to consider the case of the petitioner for grant of UGC pay scale from the date on which the petitioner acquired requisite qualification and pass appropriate orders in accordance with law within six months from the date of receipt of copy of this order.
Writ petition is disposed.
Sd/-
JUDGE hnm