C.G. MATH Vs. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA, DEPARTMENT OF EDUCATION, KARNATAKA GOVERNMENT SECRETARIAT AND ORS.

JUDGEMENT

(1.) Petitioner retired as Principal of Basaveshwar Arts College, Bagalkot, on 31.05.1996 after attaining the age of superannuation. He had been extended UGC pay scale of the year 1986. The UGC pay scale was revised as per Government Order dated 15.09.1999. As per this pay scale, salary of the petitioner was fixed at Rs.15,360/-. Petitioner's pension was fixed based on the said revision of pay scale. Indeed, petitioner had earlier approached this Court making a grievance regarding non-extension of revised pay scales with effect from 01.01.1996 for the purpose of computation of his retiral benefits. The matter went up to the Apex Court.

(2.) The Apex Court vide its order dated 12.05.2006 held that if the State had taken a conscious decision to extend the benefit of UGC pay scale with effect from 01.01.1996 to the petitioner and other similarly placed persons allowing them to draw their pay and allowances in terms thereof, there was no reason why pensionary benefits be not extended to them from the said date. The Apex Court also found that the status of the petitioner was on par with the teachers of the Government college, and therefore, he cannot be deprived of his vested or accrued right to draw pension to the extent of 20% of the emoluments computed in terms of the rules with effect from 01.01.1996 as per Government Notification read with Rule 296 of the Karnataka Civil Services Rules (for short, 'the Rules').

(3.) Thereafter, the Government, taking note of the various Government Orders, order of the Apex Court and as also the communication dated 11.12.2006 of the Accountant General, issued Government Order dated 08.02.2007 by modifying the earlier Government Orders and extending benefit of fixation of revised pension/family pension as contemplated in the Government Order No.FD(Spl.) 2 PET 99 dated 15.02.1999 and other monetary benefits to the teachers, librarians, physical education teachers of universities, aided regional engineering colleges and aided first grade colleges in the State who retired during the period from 01.01.1996 to 31.03.1998 stating thereby that the same shall be reckoned as emoluments for the purpose of Rule 296 of the Rules.