TMI Blog2006 (4) TMI 576X X X X Extracts X X X X X X X X Extracts X X X X ..... iversity. The pay scales of Government employees were revised on the basis of 'Narayana Pai Pay Commission Report' with effect from 1st January, 1977. The University of Mysore-respondent No. 2 herein and other Universities in the State requested the State Government to extend the pay scales recommended by the Narayana Pai Pay Commission in its Report to the University employees also. The State Government appointed a Committee, namely, `Muddappa Committee', to go into the entire matter and to make recommendations in that respect. The said Committee made a Report with certain recommendations as to the revision of pay scales to the University employees, in the State of Karnataka. It appears that no satisfactory solution was found in the matter of fixing of pay scales to the University employees with effect from 1st January, 1977 and as a result thereof, a large number of employees especially the academic staff of the University of Mysore have suffered heavily. They filed representations requesting the authorities to look into the grievances of the employees and set right the anomalies. In spite of the recommendations in respect of the pay scales of the employees, the Unive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appointment. Within six weeks from the date of receipt of the Report of the Committee, the University shall take a decision in the matter in accordance with law regarding the pay-scales of the petitioners. In the event the pay scales are revised, the same shall be given effect to from 1.1.1977 by suitably amending the Statutes. Consequent to revision of pay scales to a higher scale, the petitioners shall also be entitled to all the consequential benefits including difference of salary from 1.1.1977. (ii) The University is also directed to give effect to the subsequent revisions in the pay-scales with effect from 1.1.1982 and further revisions, if any, subsequent to 1.1.1982, the University and the benefit of the same shall also be extended to the petitioners and the fitment in the pay-scales revised with effect from 1.1.1982 and a further revision, if any, shall be made on the basis of the pay-scale revised with effect from 1.1.1977. This direction shall also be complied with within the aforesaid period. All the contentions of both sides are left open. 4. In compliance to the directions of the Division Bench of the Karnataka High Court, the Vice-Chancellor of respondent- U ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rved that in paragraph 6 of the Note on Pay Anomalies dated 2.2.1988 put up by the Registrar of the University, it is stated that similarly placed employees were given the benefit of higher pay scales only because they filed writ petitions. The same is the position of the petitioners herein also. As a result, the writ petitions were allowed directing the University of Mysore to extend the revised pay scales of 1977 and the subsequent revision to the petitioners- appellants and pay the difference of monetary benefits to them within two months from the date of receipt of a copy of the order. 7. Being aggrieved against the said judgment and order of the learned Single Judge dated October 29, 1998, the State of Karnataka through the Secretary, Department of Education, filed writ appeals under Section 4 of the Karnataka High Court Act, praying for setting aside the order of the learned Single Judge. The Division Bench, accordingly, set aside the impugned order of the learned Single Judge and recorded inter alia the following order: In the present case, it is a matter of record as is even borne out from the affidavit of the Vice- Chancellor of the University filed on 27.1.2000 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersities Act, 1976 as the pay scales of the employees of the University are to be fixed by framing or amending the existing Statute of the University. 9. When the matter came up for consideration before this Court on August 26, 2002 the learned Counsel for the University submitted that the State Government has not taken a final decision in the matter with regard to the amendment of the Statute. The matter came up before this Court for consideration on February 7, 2003, when the learned Counsel for the State as well as the University submitted that the proposed amendments to the Statute have not been approved by the State Government. 10. Having heard the learned Counsel for the parties, we are satisfied that the appeals filed by the appellants deserve to be allowed. The learned Counsel for the appellants submitted that the impugned order of the Division Bench of the High Court has misinterpreted the earlier order of the Division Bench which was binding upon the respondents-State and the University. According to the learned Counsel, a Co-ordinate Bench is unjustified in commenting upon the earlier decision of the Bench to say that even the employees, who were before the Divisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Assistant Registrars) has held that the fixation of pay scale is within the exclusive domain of Chief Justice, subject to approval of President/Governor of the State and the matter should either be examined by an expert body or in its absence by Chief Justice and the Central/State Government should attend to the suggestions of the Chief Justice with reasonable promptitude so as to satisfy the test of Article 14 of the Constitution of India. Further, it is observed that financial implications vis-a-vis effect of grant of a particular scale of pay may not always be a sufficient reason and differences should be mutually discussed and tried to be solved. 14. In the present cases, in compliance to the judgment of the learned Single Judge of the High Court, the Vice- Chancellor of the Mysore University constituted a Committee headed by Shri Hiriyanna. The said Committee, in its Report dated 8.6.1991, has recorded the observations that the details of the pay scales assigned by the 'Muddappa Committee', 'the Manjunath Committee', 'the Acharya Committee', 'the Gopala Reddy Committee' as also the pay scales given effect to from 1.1.1977 and the claims of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 87-21506/1982, it was expected that without resorting to any of the methods the other employees identically placed, including the appellants, would have been given the same benefits, which would have avoided not only unnecessary litigation but also the movement of files and papers which only waste public time. 16. Shri Sobha Nambisan, Principal Secretary to Government, Education Department (Higher Education), Government of Karnataka, in his latest affidavit dated 6.3.2006 filed in these proceedings has stated that after 1.1.1977, the Government of Karnataka has revised the pay scales of employees of State Government in 1982, 1987, 1994 and 1999. From 1.1.1977 to 2006, the dearness allowance, house rent allowance and other allowances have also been revised. The revision of pay scales, dearness allowance, house rent allowance and other allowances extended to the State Government employees were also extended to the University employees from time to time. Moreover, a large number of Mysore University employees were promoted in terms of the time-bound promotion schemes of 10 years, 15 years and 20 years in terms of the Government Orders issued from time to time. The additional financ ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
