B.C. NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants were employed initially as Physical Instructors in Government Grade Colleges in Karnataka. The first appellant reached the selection grade pay scale of the University Grants Commission (UGC) on 1/1/1986. The second appellant was granted senior scale of pay on 1/1/1986 and selection grade of pay from 13/7/1990. The first appellant was superannuated on 31/1/1998, and the second appellant was superannuated on 31/5/2004. Both, at the time of retirement, were selection grade Physical Education Directors in the State Government colleges.

(2.) On 15/11/1999, the State Government issued an order revising the pay scale of Teachers, Librarians and Physical Education Directors in the Government colleges. Under the said Government order, the benefit of the University Grants Commission (UGC) pay scales as revised from 1/1/1996 was granted to these three categories of employees with retrospective effect from 1/1/1996. On the same day, by a separate order, the benefit of the revised pay scale was granted to Teachers, Librarians and Directors of Education in the Government­aided colleges. The order dtd. 15/11/1999 was partially modified on 29/7/2000. A circular was issued by the Government of Karnataka on 23/10/2001 stating that physical education and library personnel drawing UGC pay scales of 1996 shall not be granted other government benefits under the Government Order dtd. 15/11/1999.

(3.) The appellants were denied the benefit of the Government Order dtd. 15/11/1999. Therefore, the appellants filed an application before the Karnataka Administrative Tribunal, which was rejected. They filed a Writ Petition before the High Court to challenge the order of the Tribunal. Writ Petition was dismissed by the impugned judgment. The impugned judgment relies upon a Government Order dtd. 4/7/2008, which records that the revised UGC pay scale shall be extended from 27/7/1998 notionally and all financial benefits shall be extended prospectively from 4/7/2008, and no arrears shall be paid.