STATE OF KERALA Vs. P.V. MOHAN

JUDGEMENT

(1.) OP(KAT)No.376/2022 As per Annexure A1 Government Order dtd. 07/05/2011, the Government revised the pension of teachers and professors of various colleges in the State who are receiving the UGC pay scale. It is stipulated in Annexure A1 that the pension in respect of those who retired on or after 01/01/2006 shall be calculated with reference to the revised pay introduced with effect from 01/01/2006 by applying the existing formulae/rules and the present system of computation of pension at 50% of ten months' average emoluments would continue.

(2.) Later, as per Annexures A4 letter and A5 order, the Government clarified that, as the UGC scheme does not contain a provision for payment of pension and the Government revised the pension of other state government employees only with effect from 01/07/2009, those who are receiving UGC scale would also get the revised pension only with effect from 01/07/2009. By the impugned order, the Tribunal set aside Annexures A4 and A5, following the law laid down in U.P.Raghavendra Acharya and Others v. State of Karnataka and Others [(2006) 9 SCC 630]. The respondents are retired from the Collegiate Education Department and are covered under the UGC Scheme.

(3.) The Learned Special Government Pleader (Finance) Sri.P.K.Babu submitted an argument note to substantiate the challenges against the impugned order. According to him, as per clause 11.8 of the Government Order dtd. 27/03/2010 (which is one among the documents produced as Ext.P4), pension, family pension, gratuity, etc., have to be given based on the amount fixed by the State Government to its employees and thus, the pensionary benefits are to be decided on the basis of the scheme of the pension revision adopted by the State Government and not by the fact that the pay revision for UGC teachers was given effect from 01/01/2006.