Allowed

Anitha D/O. Girimallappa Kadapatti v. the State of Karnataka

Karnataka HC2 Nov 2022WP/77505/2013

Case brief

AI extract

What is this about?

Writ petition filed by a lecturer seeking monetary benefits of UGC pay scale extension from 1.11.1995, which was denied retrospectively. Court quashed impugned order and directed retrospective extension with monetary benefits.

What did the court decide?

Impugned order denying monetary benefits from 1.11.1995 quashed; UGC pay scale to be extended with monetary benefits w.e.f. 1.11.1995 within three months.

Anitha D/O. Girimallappa Kadapatti Vs the… — Pension and Retirement Benefits | Karnataka HC (2022)

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WP No. 77505 of 2013

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 77505 OF 2013 (S-RES)

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BETWEEN:

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ANITHA D/O. GIRIMALLAPPA KADAPATTI AGE: 44 YEARS, OCC: LECTURER IN COMMERCE, K.S. JIGALUR WOMENS COLLEGE, DHARWAD

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…PETITIONER

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(BY SRI SURESH P HUDEDAGADDI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPT. OF EDUCATION (COLLEGIATE) M.S. BUILDING, BANGALORE-560001.

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THE COMMISSIONER FOR COLLEGIATE EDUCATION PALACE ROAD, BANGALORE-560001.

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THE DIRECTOR OF COLLEGIATE EDUCATION, PALACE ROAD, BANGALORE

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…RESPONDENTS

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(BY SRI V S KALASURMATH, HCGP)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: I. QUASH THE ORDER DATED:10/02/2011 PASSED BY THE 3rd RESPONDENT, PRODUCED AT ANNEXURE-J IN SO FAR AS DENYING THE MONETARY BENEFITS WITH EFFECT FROM 01/11/1995 i.e., ON

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THE DATE OF ADMITTING THE PETITIONER's COLLEGE TO THE SALARY GRANT. II. DIRECT THE RESPONDENT TO EXTEND THE BENEFIT OF UGC SCALE WITH MONETARY BENEFITS WITH EFFECT FROM 01/11/1995 i.e., ON THE DATE OF ADMITTING K.S. JIGALUR WOMEN's ARTS AND COMMERCE COLLEGE, DHARWAD, TO THE SALARY GRANT. THIS PETITION APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner was appointed as lecturer in Commerce in K S Jigalur Womens Arts and Commerce College on 24.9.1993. The college in which she was admitted to salary grant w.e.f. 1.11.1995. The 1^st respondent issued a circular clarifying that minimum educational qualification of Master of Degree with 55% of marks prescribed under Government Order dated 8.2.1994 is not applicable to the candidates who were appointed between 30.3.1990 to 7.2.1994 for extension of UGC scale. The post in which the petitioner was working as lecturer was admitted to salary grant on 8.3.2004. The 1^st respondent by notification dated 6.11.2006 extended UGC pay scale to the similarly situated persons to that of the petitioner.

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The petitioner claimed the benefits of extension of UGC pay scale w.e.f. 1.11.1995, which was extended to similarly situated persons. The said representation was

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WP No. 77505 of 2013

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considered and the UGC pay scale was extended w.e.f. 1.11.1995, but however, without any monetary benefits. Taking exception to the same, this writ petition is filed.

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The learned counsel appearing for the petitioner submits that the impugned order passed by the 1^st respondent extending the UGC pay scale prospectively is violative of Articles 14 and 16 of the Constitution of India though the petitioner is entitled for extension of UGC pay scale w.e.f. 1.11.1995.

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On the other hand, the learned counsel appearing for the 1^st respondent submits that the 1^st respondent has rightly extended the UGC pay scale to the petitioner prospectively and the same does not warrant any interference.

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I have examined the submissions of the learned counsel appearing for the parties.

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The UGC pay scale was extended to the lecturer working in the aided colleges w.e.f 1.11.1995. The qualification of Master of Degree with 55% of marks prescribed under Government Order dated 8.2.1994 is not applicable to the

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petitioner, who was appointed on 24.9.1993 in view of the order dated 19.2.1997 passed by the Government. The petitioner possessing the requisite qualification for appointment to the post of lecturer cannot be deprived of extension of UGC pay scale w.e.f 1.11.1995 i.e. the date on which the UGC pay scale was made applicable to the similarly situated persons and also having regard to the fact that the college in which the petitioner is working, was admitted to salary grant w.e.f 1.11.1995. Hence, the impugned order passed by the 3^rd respondent extending the UGC pay scale to the petitioner prospectively from the date of passing of the impugned order is violative of Articles 14 and 16 of the Constitution of India. Accordingly, I pass the following:

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ORDER

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i) Writ petition is allowed.

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ii) The impugned order dated 10.2.2011 passed by the 3^rd respondent vide Annexure-J insofar as it relates to denying the monetary benefit w.e.f 1.11.1995 is hereby quashed.

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iii) The respondents are directed to extend the UGC pay scale to the petitioner w.e.f 1.11.1995 with all monetary

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WP No. 77505 of 2013

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benefits. The said exercise shall be completed within three months from the date of receipt of certified copy of this order.

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Sd/JUDGE

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List No.: 1 Sl No.: 88

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BKM

Anitha D/O. Girimallappa Kadapatti v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Anitha D/O. Girimallappa Kadapatti v. the State of Karnataka

Case brief

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