Teachers who retired before 2006 eligible for revised pension: HC
BENGALURU, MAY 07, 2019 00:00 IST
‘Pay arrears in four equal instalments’
In a relief to teachers who retired from universities in the State before January 1, 2006, the Karnataka High Court has held that they are eligible for revision in pension with retrospective effect as per the revised UGC pay scale. The court has directed the State government to pay the pension arrears in four equal instalments beginning from June 1, 2019.
Justice R. Devdas passed the order while allowing the petitions filed by K. Gopala, retired professor of Mysore University, the Karnataka State Universities and Colleges Retired Teachers’ Association, and several others.
The court quashed the Government Order of July 24, 2015, rejecting the recommendations of the Karnataka State Higher Education Council, which had asked the State to grant pension based on revised UGC pay scale for teaching staff who retired before January 1, 2006. The State had issued an order on December 24, 2009, giving effect to the revised pay scale with effect from January 1, 2006.
The revised pay was introduced based on the Union government’s communication asking States to adopt the new scheme stipulating revised pay structure, service conditions and educational qualification of teachers, librarians and physical education directors of universities.
“The State failed to point out that the fixing of cut-off date was inherently permissible under a specific provision of law. No justifiable reason or rationale in fixing the cut-off date is provided by the State. The artificial classification by fixing a cut-off date is nothing but creating a class within a class, which is not permissible. The artificial classification sought to be made by the State does not satisfy the test of Article 14.” the court observed.
Quoting the apex court’s verdicts on pension benefits, the High Court said when retired employees are covered under a regular pension scheme, they form a separate class and they cannot be discriminated inter se, and any revision in the pay scale/pension is only a change brought about in the scheme and cannot be construed as a separate scheme.
On the State’s claim that it would be a financial burden if the new pay scale is revised for pensioners retrospectively, the court said that no factual evidence or information was provided by the State on financial burden or incapacity.
“The State of Karnataka has been the front runner in the field of education and show cases itself as progressive and a model State in all spheres. It is, therefore, unacceptable that the State lags behind by feigning financial incapacity,” the court observed.
BENGALURU, MAY 07, 2019 00:00 IST
‘Pay arrears in four equal instalments’
In a relief to teachers who retired from universities in the State before January 1, 2006, the Karnataka High Court has held that they are eligible for revision in pension with retrospective effect as per the revised UGC pay scale. The court has directed the State government to pay the pension arrears in four equal instalments beginning from June 1, 2019.
Justice R. Devdas passed the order while allowing the petitions filed by K. Gopala, retired professor of Mysore University, the Karnataka State Universities and Colleges Retired Teachers’ Association, and several others.
The court quashed the Government Order of July 24, 2015, rejecting the recommendations of the Karnataka State Higher Education Council, which had asked the State to grant pension based on revised UGC pay scale for teaching staff who retired before January 1, 2006. The State had issued an order on December 24, 2009, giving effect to the revised pay scale with effect from January 1, 2006.
The revised pay was introduced based on the Union government’s communication asking States to adopt the new scheme stipulating revised pay structure, service conditions and educational qualification of teachers, librarians and physical education directors of universities.
“The State failed to point out that the fixing of cut-off date was inherently permissible under a specific provision of law. No justifiable reason or rationale in fixing the cut-off date is provided by the State. The artificial classification by fixing a cut-off date is nothing but creating a class within a class, which is not permissible. The artificial classification sought to be made by the State does not satisfy the test of Article 14.” the court observed.
Quoting the apex court’s verdicts on pension benefits, the High Court said when retired employees are covered under a regular pension scheme, they form a separate class and they cannot be discriminated inter se, and any revision in the pay scale/pension is only a change brought about in the scheme and cannot be construed as a separate scheme.
On the State’s claim that it would be a financial burden if the new pay scale is revised for pensioners retrospectively, the court said that no factual evidence or information was provided by the State on financial burden or incapacity.
“The State of Karnataka has been the front runner in the field of education and show cases itself as progressive and a model State in all spheres. It is, therefore, unacceptable that the State lags behind by feigning financial incapacity,” the court observed.
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