LAWS(KER)-2018-7-755

STATE OF KERALA Vs. K SANKAR

Decided On July 20, 2018
STATE OF KERALA Appellant
V/S
K Sankar Respondents

JUDGEMENT

(1.) The notification of a Pay Commission Report invariably brings cheer to the persons in public employment, who normally would became entitled to higher pay scales and to escalated concomitant benefits. However, the facts of this case presents an exception to the afore general rule, because with the introduction of the 6th Pay Commission Report, the contesting respondents herein, who are teachers under the UGC Scale of Pay, are pushed to an apparent predicament where their juniors in service draw higher scales of pay on account of certain singular provisions of the afore mentioned Pay Commission Report, which operate to effectively deny them certain benefits which though are made available to their juniors in service.

(2.) The seemingly unusual scenario, as afore, suffered by the writ petitioners/respondents would become clear once the essential facts are narrated.

(3.) This appeal has been filed by the State of Kerala and its functionaries impugning the judgment in W.P.(C) No.30802 of 2015, whereby a learned Single Judge of this Court declared that the writ petitioners/respondents herein are also entitled to the benefits of three non-compounded advance increments, as is available under the 6th UGC Pay Revision Scheme, implemented by the Government of India on parity with the 6th Central Pay Commission, with effect from 01.09.2008 and a consequential direction was given to afford them all benefits based on such grant of advanced increments.