Karnataka High Court
Ms. K N Saroja vs Sri Kumar Naik G on 23 February, 2023
Author: B.Veerappa
Bench: B.Veerappa
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CCC No. 534 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2023
PRESENT
THE HON'BLE MR. JUSTICE B.VEERAPPA
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
CIVIL CONTEMPT PETITION No.534 OF 2021
BETWEEN:
1. MR. K. N. PUTTARAJU,
S/O LATE NANJAPPA,
AGED ABOUT 71 YEARS,
RETD. ASSOCIATE PROFESSOR,
MAHARANI WOMEN'S ARTS AND COMMERCE
COLLEGE, MYSORE - 570005.
No. 3154, 20TH MAIN, 1ST CROSS
VIJAYANAGARA 2ND STAGE,
MYSORE - 570 017.
2. MR. B. VEERABHADRAIAH,
S/O LATE BHADRAGIRIGOWDA,
Digitally signed
by MALATESH K AGED ABOUT 70 YEARS,
C RETD ASSOCIATE PROFESSOR,
Location: High MAHARANI'S ARTS AND COMMERCE COLLEGE,
Court of MYSORE - 570005.
Karnataka
No. 2350, 11TH MAIN, 1ST CROSS,
VIJAYANAGAR 2ND STAGE,
MYSORE - 570 017.
3. MS. S. INDIRAMMA,
D/O A. G. SIDDAIAH,
AGED ABOUT 68 YEARS,
RETD. PRINCIPAL
GOVERNMENT FIRST GRADE COLLEGE,
KUVEMPUNAGAR,
MYSORE - 570 023.
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CCC No. 534 of 2021
No.1696, 8TH MAIN, HEBBAL, 2ND STAGE,
MYSORE - 570 017.
...COMPLAINANTS
(BY SMT. SUMA K., ADVOCATE)
AND:
1. SRI KUMAR NAIK G,
STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
EDUCATION DEPARTMENT,
(HIGHER EDUCATION),
M. S. BUILDING,
BANGALORE - 560 001.
2. DR. EKROOP KAUR,
PRINCIPAL SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE - 560 001.
3. SRI PRADEEP P.,
COMMISSIONER OF COLLEGIATE EDUCATION
IN KARNATAKA,
PALACE ROAD,
BANGALORE - 560 001.
4. SRI AMIT KHARE,
UNION OF INDIA,
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
DEPARTMENT OF HIGHER EDUCATION,
SHASTRI BHAVAN,
NEW DELHI - 110001.
5. SRI NARESH R.,
ACCOUNTANT GENERAL IN KARNATAKA (A AND E),
PARK HOUSE, BANGALORE - 560 001.
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CCC No. 534 of 2021
6. THE STATE OF KARNATAKA,
REPRESENTED BY ITS CHIEF SECRETARY
TO GOVERNMENT,
VIDHANA SOUDHA,
AMBEDKAR VEEDHI,
BANGALORE - 560 001.
...ACCUSED
(BY SRI DHYAN CHINNAPPA, ADDITIONAL ADVOCATE GENERAL
A/W SRI K. DILIP KUMAR, HIGHT COURT GOVERNMENT
PLEADER)
*****
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, BY THE COMPLAINANT PRAYING
TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE
ACCUSED FOR HAVING INDEFINITELY DISOBEYED AND FOR
NON COMPLIANCE OF THE DIRECTION ISSUED BY THIS COURT
W.P.NOS.31485-31556/2015 DATED 07.08.2015 (ANNEXURE-
A) AND ENSURE COMPLIANCE OF THE SAME OR PUNISH THE
ACCUSED IN ACCORDANCE WITH LAW, BY ALLOWING THE
CONTEMPT PETITION WITH FUTURE INTEREST FROM DUE
DATES, COST ETC.,
THIS CCC COMING ON FOR ORDERS THIS DAY,
B.VEERAPPA J., MADE THE FOLLOWING:
ORDER
Though there is delay of 1223 days in filing the present contempt petition, in the interest of justice, the matter is taken up for disposal by condoning the delay, irrespective of the provisions of Section 20 of the Contempt of Courts Act.
The present contempt petition is filed by the complainants under the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971, against the accused, alleging willful -4- CCC No. 534 of 2021 disobedience of the Order dated 07.08.2015 passed in W.P.Nos. 31485-31556/2015, wherein, the learned single Judge directed the respondents to pay arrears of salary and other emoluments as per revised pay scale to which the petitioners would be entitled for the period from 01.01.2006 to 23.12.2009, within three months from the date of receipt of copy of the said order and entitling the petitioners to interest at 8% per annum, in the event of failure on the part of the respondents to comply with the said directions.
2. Since the respondents failed to comply with the aforesaid directions, the complainants filed the present contempt petition on 20.07.2021.
3. In response to the notice issued by this Court, the accused persons entered appearance and filed counter affidavit dated 25.11.2021, wherein, at paragraph-3, it is stated as under:
3. I humbly submit that pursuant to the directions of this Hon'ble Court in aforesaid writ petitions, an endorsement has been issued to the complainants on 24.08.2021 informing them that the amount of arrears paid to them as mentioned below is over and -5- CCC No. 534 of 2021 above their entitlement of arrears and accordingly, it is informed that there is no more amount, which has to be paid to them as 2006 UGC arrears. The copy of the endorsement dated 24.08.2021 is produced and marked as Annexure-R1. Hence, it is submitted that entire arrears of salary has been paid to the complainant for the period from 01.01.2006 to 23.12.2009.
Sl. CCC No. Name of the Paid amount of UGC No. complainant arrears (in Rs.) 1 534/2021 Mr.K.N.Puttaraju 9,44,306/- 2 534/2021 B.Veerabadraiah 9,44,306/- 3 534/2021 S.Indiramma 10,77,197/-
4. Subsequently, accused filed another affidavit dated 03.02.2022, wherein, at paragraphs 3, 4 and 5, it is stated as under:
3. I respectfully submit that in compliance of orders passed by this Hon'ble court in the above writ petition and as per orders passed in the case of Dr.Shankar N Holihosur and Babajan Badesab Nandyal and others vs. State of Karnataka and others (W.P.Nos.112957-113040/2014 and W.P.Nos.113041-113050/2014 decided on 05.02.2015), we have now paid arrears of salary and -6- CCC No. 534 of 2021 other emoluments to the complainants. This aspect was reported to this Hon'ble Court by way of a compliance affidavit. At the cost of repetition, the endorsement issued to the complainants along with copies of documents for payment of terminal leave encashment is produced herewith as Annexures-R1 to R4.
4. It is most respectfully submitted that now the complainants seek to contend that dearness allowance was included while making payment in respect of petitioners in case of Dr.Shankar N Holihosur and Babajan Badesab Nandyal and such other similarly placed persons. In this regard, I am making following clarifications:
a) I respectfully submit that the Government issued order on 24.12.2009 revising UGC pay of teachers from 01.01.2006. In the said Government Order, it was mentioned at para 10 that the revised UGC Pay scales shall be effective from 01.01.2006 and all other allowances/benefits prospectively from the date of issue of this order dated 24.12.2009.
b) Thereafter, the Government on 08.04.2010 clarified that all allowances such as DA, HRA, CCA and other benefits -7- CCC No. 534 of 2021 is admissible from prospective date that is from the date of issue of Government Order dated 24.12.2009.
c) I respectfully submit that despite specific directions of the Government to pay arrears without dearness allowance, Principals of Government Colleges on basis of pay slips issued by Accountant General and concerned Regional Joint Directors on basis of calculation done by Principals of Aided Colleges have paid arrears by considering dearness allowance in due column. On noticing this aspect, directions were issued to Principals of Government Colleges and Regional Joint Directors to re-calculate arrears without dearness allowances and recover excess amount paid to teachers.
d) I respectfully submit that in case where 2006 UGC arrears were due to teachers, arrears amount was calculated without dearness allowances and the resultant arrived total was considered and difference between arrived total and amount of arrears already paid was deducted and remaining amount was paid to them.
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e) I submit that in cases where teachers were eligible for 2006 and 2016 UGC arrears, the excess amount received on account of calculation with dearness allowance towards 2006 arrears was adjusted in 2016 UGC arrears that is excess amount with respect to 2006 UGC arrears was deducted from 2016 UGC arrears.
f) I humbly submit that dearness allowance component cannot be reckoned in calculation of arrears, especially in due column, as per calculation given in letter dated 11.05.2010 of Government of India. Copy of the said letter dated 11.05.2010 along with calculation sheet is produced as Annexure-R5. As per the directions given in calculation sheet, dearness allowance cannot be considered in due column of arrears, whereas dearness allowance received by a teacher in pre-revised scale is considered in drawn column. Hence, the act of the respondents in not reckoning dearness allowance in due column for calculation of arrears is in consonance with directions of -9- CCC No. 534 of 2021 Government of India given in letter dated 11.05.2010.
5. I humbly submit that the accused persons in the aforesaid contempt proceedings, honestly, sincerely tender their unconditional apology for delay in complying the directions of this Hon'ble Court which is not intentional one but for the aforesaid administrative and bonafide reasons. The accused persons have not disobeyed the directions of this Hon'ble Court willfully since, the UGC arrears had been paid to the complainants, as per their entitlement and hence the respondent/accused have complied/obeyed the order passed by the Hon'ble Court.
5. Today, Sri Dhyan Chinnappa, learned Additional Advocate General, filed the compliance affidavit dated 16.01.2023 and submits that the order of the learned single Judge has been complied with.
6. We have heard the learned counsel for the parties to the lis.
7. Smt.Suma, learned counsel for the complainants, reiterating the grounds urged in the memorandum of contempt petition, contended that the learned single Judge relied upon
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CCC No. 534 of 2021the Order dated 31.12.2008 passed by the Ministry of Human Resource Development, Department of Higher Education, New Delhi, issued to the Secretary, University Grant Commission sanctioning the revision pay scales of teachers and equivalent cadres of Universities and Colleges with effect from 01.01.2006, to the effect that 80% of the financial assistance shall be given by the Central Government, while 20% of the financial assistance shall be given by the State Government. In pursuance to the said Order dated 31.12.2008, the State Government passed the Order dated 24.12.2009, revising the UGC pay scales. In view of the aforesaid two Orders, the learned single Judge disposed off the writ petitions holding that the petitioners are entitled to arrears of salary and other emoluments as per revised pay scale to which the petitioners would be entitled for the period from 01.01.2006 to 23.12.2009. Since the said order of the learned single Judge has not been complied with, the complainants have initiated the present contempt petition.
8. Per contra, Sri Dhyan Chinnappa, learned Additional Advocate General, relying upon the affidavit dated 03.02.2022 and Memo dated 08.12.2022 along with copy of the calculation
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CCC No. 534 of 2021(consolidated and month wise) of UGC arrears paid to the complainants as per the Government Order dated 24.12.2009 and the communication of the Government of India, Ministry of Human Resource Development, Department of Higher Education dated 11.05.2010, would submit that, in terms of the Order passed by the learned single Judge, the complainants are entitled to arrears of salary and other emoluments as per the revised pay scale to which the petitioners would be entitled from 01.01.2006 to 23.12.2009. That has been paid taking into consideration the Order dated 11.05.2010 passed by the Ministry of Human Resource Development addressed to the Education Secretaries of all State Governments with regard to reimbursement of financial burden due to the implementation of revised pay scales on the basis of 6th pay commission recommendations for teachers and equivalent cadres in Universities and Colleges from 01.01.2006. He submits that, as on the date of the Order passed by the learned single Judge i.e., 07.08.2015, the Order dated 11.05.2010 passed by the Ministry of Human Resource Development was already in force. Thereby, the learned single Judge issued directions to pay the arrears of salary and other emoluments to which the petitioners
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CCC No. 534 of 2021would be entitled from 01.01.2006 to 23.12.2009. Thereby, as on the date of the Order dated 07.08.2015 passed by the learned single Judge, the Order dated 11.05.2010 would prevail and not the Order dated 31.12.2008, both Orders passed by the Government of India, Ministry of Human Resource Development, Department of Higher Education. Accordingly, the arrears have been paid and therefore, sought to drop the contempt proceedings.
9. Having heard the learned counsel for the parties, it is undisputed fact that the learned single Judge, by the Order dated 07.08.2015, passed in W.P.Nos.31485-31556/2015, relying upon the earlier Order passed in the case of Dr.Shankar N Holihosur and Babajan Badesab Nandyal and others vs. State of Karnataka and others (W.P.Nos.112957-113040/2014 and W.P.Nos.113041-113050/2014 decided on 05.02.2015), directed the respondents to pay arrears of salary and other emoluments as per revised pay scale to which the petitioners would be entitled for the period from 01.01.2006 to 23.12.2009, within three months from the date of receipt of copy of the said order and entitling the petitioners to interest at 8% per annum, in the event of failure to comply with the said
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CCC No. 534 of 2021directions. It is also not in dispute that, as on the date of the Order passed by the learned single Judge i.e., 07.08.2015, the Order dated 11.05.2010 passed by the Government of India, Ministry of Human Resource Development, Department of Higher Education, was already in force. Admittedly, no body has challenged the earlier Government Order dated 31.12.2008 wherein, under the head "Applicability of the Scheme", it is stated that the Financial assistance from the Central Government to State Governments opting to revise pay scales of teachers and other equivalent cadre covered under the scheme shall be limited to the extent of 80% of the additional expenditure involved in the implementation of the revision and the State Government opting for revision of pay shall meet the remaining 20% of the additional expenditure from its own sources. Thereby, the Order dated 31.12.2008 merges with the subsequent Order dated 11.05.2010. As such, in terms of the Order passed by the learned single Judge dated 07.08.2015, the complainants are entitled to revised pay scale and arrears of salary and other emoluments as per the Government Order dated 11.05.2010.
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CCC No. 534 of 2021
10. Further, in the compliance affidavit dated 16.01.2023 filed today in the open Court, by the Commissioner of Collegiate and Technical Education, Seshadri Road, Bengaluru, at paragraphs-6 to 11, it is specifically stated as under:
6. I respectfully state as the entire scheme of UGC pay revision from 01.01.2006 was based upon sharing of 80% of additional financial liability by Central Government for the period 01.01.2006 to 31.03.2010 and 20% by the State Government for said period, the Government of India on
11.05.2010 issued communication to all State Government laying down modalities of reimbursement of financial burden. In the said communication, at Para 6 following instructions were given:
"6. This arrear component would be the difference between the pay + DA/additional DA + interim relief. if any, existed prior to 01.01.2006 and the revised pay admissible in the pay band plus AGP in terms of revised pay rules notified by this Ministry for teachers in Universities and Colleges, based on the CCS (Revised) Pay Rules, 2008".
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CCC No. 534 of 2021As per instructions given in Para 6 of letter dated:
11.05.2010, while doing calculation of arrears of the teachers who are eligible for 6th UGC pay arrears, dearness allowance is not be reckoned or considered in due column and dearness allowance is considered only in drawn column. This implies that revision pay includes only basic revised pay and AGP and not dearness allowance. Hence, it is submitted that teachers are not entitled to dearness allowance in arrears as per instructions given by Government of India. The copy of letter dated: 11.05.2010 is produced as ANNEXURE-R3.
7. I respectfully state that in view of the decision of the Government to pay arrears as per UGC Pay scale without DA and other allowances as communicated in letter dated: 17.12.2019, to the Complainant as per UGC scale, the arrears payable was re-examined. Accordingly, the process of re-
calculation was undertaken by computing arrears excluding DA in case of Complainant. A copy of the letter dated:17.12.2019 is produced herewith ANNEXURE-R4. In compliance of the order passed by this Hon'ble Court, the salary of the Complainant was calculated from 01.01.2006 up to 23.12.2009, when the Complainant attained age of superannuation, as under:
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CCC No. 534 of 2021
Sl. No. Name of the complainant Entitled UPC
arrears amount
( in Rs/-)
01 K. N. Puttaraju 8,57,164/-
02 B. Veerabhadraiah 8,73,937/-
03 Indiramma S 9,80,729/-
The detailed calculation of arrears as per MHRD letter dated: 11.05.2010, Government of Karnataka Order dated: 24.12.2009 and Letter dated:
08.04.2010 is produced herewith as ANNEXURE-R5.
8. It is most respectfully submitted that as per directions given in Order dated 07.08.2015 passed in Writ Petition Nos.31485-31556/2015, it is most respectfully submitted interest at the rate of 8% p.a is calculated from 07.11.2015 to 13.03.2017 upon Rs.7,41,359/- which is basic salary and Academic Grade Pay of 1st Complainant and in so far as 2nd Complainant is concerned interest is calculated from 07.11.2015 to 13.03.2017 upon Rs.7,48,138/- which basic pay and Academic Grade pay and in case of 3rd Complainant, interest is calculated from 07.11.2015 to 13.03.2017 upon Rs.8,52,479/-, as under:
Sl. No. Name of the complainant Amount of Interest payable to Complainants ( in Rs/-) 01 K. N. Puttaraju 63,335/-
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CCC No. 534 of 202102 B. Veerabhadraiah 63,991/-
03 Indiramma S 63,723/-
The detailed calculation of interest is produced herewith as ANNEXURE-R6.
9. It is respectfully submitted that Complainant is entitled to following sum inclusive of arrears of salary and interest:
Sl. No. Name of the complainant Entitled Amount incusive of arrears and interest ( in Rs/-) 01 K. N. Puttaraju 9,20,499/-
02 B. Veerabhadraiah 9,37,928/- 03 Indiramma S 10,44,452/-
10. It is respectfully submitted that State has paid following sum to the Complainants:
Sl. No. Name of the complainant Total amount paid to complainants ( in Rs/-) 01 K. N. Puttaraju 9,44,306/-
02 B. Veerabhadraiah 9,44,306/- 03 Indiramma S 10,77,197/-
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CCC No. 534 of 2021
11. It is respectfully submitted that, on perusal of total amount paid to the Complainants, it is submitted that the Complainants have been paid arrears of salary as per entitlement and also interest in terms of order dated 07.08.2015 passed in Writ Petition Nos.31485-31556/2015.
11. In view of the above, the Order passed by the learned single Judge dated 07.08.2015 in W.P.Nos.31485-31556/2015, has been complied with.
12. For the reasons stated above, we pass the following:
ORDER The contempt proceedings are hereby dropped.
Sd/-
JUDGE Sd/-
JUDGE kcm List No.: 1 Sl No.: 19