STATE OF KARNATAKA Vs. PUTTASWAMY

JUDGEMENT

(1.) APPELLANTS are respondents 1 and 2 in W.P. No. 19930/2005 and W.P. No. 18346/2005. Being aggrieved by the order dated 10-7-2005 passed by the learned single Judge allowing the writ petitions filed by the first respondent in both the appeals, quashing the Government Circular dated 23-10-2001 and Government Orders dated 5-2-2005 and 26-5-2005 passed by the second appellant directing the appellants to refund the amount and to release the benefit arising out of 1996 UGC pay scale to the petitioners, preferred these writ appeals.

(2.) SINCE the common question of law and facts are involved in the writ appeals, both the appeals are clubbed together and disposed of by this common order.

(3.) 1 he revised scales of pay are inclusive of Basic Pay, DA, Interim Relief and Fixed Dearness Allowance admissible as on 1-1-1996. In the said Government Order, the procedure for selection of Lecturer for the Senior Grade as well as Selection Grade, the qualification for recruitment, probation, teaching days, work load etc., was prescribed. The pay scale of Director of Physical Education, which was fixed at Rs.3700-5700, was revised as Rs.12000-420-18300. While fixing the pay scale, the basic revised scale of Rs.12000/-has to be taken into consideration. Since there is some dispute regarding fixation of pay and allowance in clause 9(g) of the Government Order dated 15-11-1999, the Karnataka University sought for clarification as to whether Director of Physical Education, Deputy Director, Assistant Director both in Selection Grade as well as Senior Scale in the colleges who were extended UGC pay scale and/or AICTE pay scale were entitled for fixation of pay at Rs.14,940/- and other benefits. The State Government by a circular dated 23-10-2001 clarified as under: