ANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE issue raised in these writ petitions lies in a very narrow compass. Therefore, by consent of the learned advocates for the parties to the lis, the cases are taken up for final hearing. The factual matrix of the case, in short, is that the petitioners are the members of Teaching Faculty of respondents 3 to 5 i.e., Mandya Institute of Medical Sciences, Mandya, Raichur Institute of Medical Sciences, Raichur and Vijayanagar Institute of medical Sciences, Bellary. These writ petitions have been filed to quash an order dated 16.12.2011 passed by the 1st respondent, vide Annexure -Q, in so far as giving effect to the revised AICTE pay scales to the petitioners with effect from 01.04.2011 and for a mandamus as against the respondent Nos. 1 and 2, to extend the benefit of revised AICTE pay scales with effect from 01.01.2006 and to pay the arrears with interest.

(2.) W .P. Nos. 11120 -11137/2011 filed by the members of the Teaching Faculty in Sanjay Gandhi Institute of Trauma and Orthopaedics, Bangalore -11, to direct the respondents to revise their pay scales, to bring it on par with the revision by the AICTE as per Notification dated 22.01.2010, with retrospective effect, was allowed by an order dated 15.11.2011 and the writ petitioners were held entitled to pay scales as revised by AICTE as per Notification dated 22.01.2010, along with the benefits, with effect from 22.01.2010. W.A. Nos. 1622/2013 and 2733 -2749/2013 filed by the State of Karnataka as against the said order dated 15.11.2011 passed in W.P. Nos. 11120 -11137/2011 having been belatedly filed, explanation offered for the delay having been found to be insufficient to condone, the application seeking condonation of delay was dismissed and consequently, the appeals were also dismissed. SLP Nos. 21311 -21328/2013 filed by the State of Karnataka were dismissed by the Apex Court on 19.07.2013.

(3.) THE Government of Karnataka passed order No. HFW 231 MNC 98, Bangalore, dated 01.06.1999 vide Annexure -F, according sanction for extension of AICTE scales of pay with effect from 01.06.1999 to the Teaching Faculty in the cadres of Lecturers/Assistant Professors/professors/Sr. Professors and Principals of the Government Medical Colleges. In the said order, it was stated that in respect of next revision of pay scales of Medical/Dental Teachers, will be only when the Government of India revises AICTE scales of pay. By an order dated 05.03.2011 vide Annexure -P, the Finance Department agreed for extension of the 2006 revised AICTE scales of pay to the Teaching Faculty of Government and Autonomous Medical and Dental Colleges in the State. The date of effect as could be seen from the said order was 01.04.2011. Considering the Government order as at Annexure -F and AICTE Notification dated 22.01.2010 vide Annexure -K and other recommendations, Government order dated 16.12.2011 vide Annexure -Q was passed, extending the revised AICTE pay scales with effect from 01.04.2011. Thus, the petitioners have been granted the revised AICTE pay scales with effect from 01.04.2011.