A computer programmer at Tumkur University petitioned for pay refixation after his university rejected his representation for parity with programmers in other universities and government service. The court found he was entitled to the higher state pay scale and ordered a proposal for refixation with arrears.
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NC: 2024:KHC:38154 WP No. 33099 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 33099 OF 2017 (S-RES)
BETWEEN:
SRI. SANTOSH S/O. BASAVARAJ AKKI AGE: 36 YEARS OCC: COMPUTER PROGRAMMER R/AT. C/O N.K. SADASHIVAIAH "ABAY HASTA", 36, 14TH CROSS, S.I.T. EXTENSION, TUMKUR-572101. (BY SRI. RANGANATH S JOIS, ADVOCATE)
…PETITIONER
AND:
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. GOPALAKRISHNA SOODI, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1;
SRI. T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR RESPONDENT NO.2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND QUASH THE ENDORSEMENT DATED 19.04.2017 IN
NO.TU:EMPLOYEE-2019:2017-18/182 ISSUED BY SECOND RESPONDENT AT ANNEXURE-F AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The petitioner has sought for a writ in the nature of certiorari to quash the endorsement bearing No.TU:Employee2019:2017-18/182 dated 19.04.2017 issued by the respondent No.2, by which, he rejected the representation of the petitioner dated 28.03.2017 for refixation of the pay. The petitioner has also sought for a direction to the respondents to extend the benefit of revised pay scale on par with the computer programmers employed in other universities and to release the monetary benefits.
fixed in the scale of Rs.11,400/- - Rs.21,600/-. One of the conditions of the appointment was that his services would be governed, under the provisions of the Karnataka State Universities Act, 2002 and rules framed thereunder as well as the rules framed by the State Government from time to time.
NC: 2024:KHC:38154 WP No. 33099 of 2017
endorsement dated 19.04.2017, rejecting the request of the petitioner on the ground that the petitioner was appointed against a notification dated 09.08.2011 where the pay scale offered was Rs.11,400/- - 21, 600/-.
the higher pay scales fixed by the State Government, Karnataka Sanskrit University and Rajeev Gandhi University of
Health Sciences cannot be applied to the petitioner, as they are governed by three different statutes, while respondent No.2 is governed by the Karnataka State Universities Act, 2000. It is therefore contended that the petitioner is not entitled to claim the higher pay scale granted to similarly situated persons in other universities.
contends that this order was confirmed in W.A.No.700755/1999. He therefore, contends that it is the duty of respondent No.2 to make appropriate recommendations to the State Government to step up the pay of the petitioner to bring it on par with the pay of programmer/computer programmer in other universities. He further contends that a commission was appointed to review the problems faced by teaching and nonteaching staff in various universities in Karnataka. The commission reported that " whenever the pay scales adopted by the State Government are revised, or dearness allowances are sanctioned, they should be automatically applicable to nonteaching staff of all categories in the universities and colleges." The petitioner therefore, contends that he was entitled to get his salary refixed on par with computer programmers in other universities. He contends that the State Government had accepted the recommendation of the committee and issued a notification dated 18.06.2001 which was applicable to all universities including respondent No.2. He contends that there is no estoppel against law since the petitioner is discriminated vis à vis other employees of other universities, he cannot be singled out and treated differently. He therefore, contends that
NC: 2024:KHC:38154 WP No. 33099 of 2017
he is entitled for the correct pay and the respondent No.2 is bound to correspond with the respondent No.1 for refixation of the pay of the petitioner.
officials working in the computer centre in different universities. He has also produced a copy of the order passed in W.P.No.82925-928/2012 where this Court was considering a case of retired and serving employees at PG centre in Gulbarga which was a part of Karnataka University. The PG centre was merged with Gulbarga university and the employees were given an option to be absorbed in the Gulbarga university. However, they did not opt, but were deemed to have adopted the service regulations of the Gulbarga university. The Karnataka university appointed Mr. Imprapur to go into the pay scales of its employees. In his report, he found that enhanced pay scales were given to a different cadres of employees in the universities and therefore, the petitioners in that writ petition were given the benefit of pay scales as recommended by Imprapur committee, which however was not approved by the State Government. The State Government then appointed Mr. Muddappa to ensure uniform pay scales to the employees of all universities. Mr. Muddappa's committee fixed pay scales that were lower than the one recommend by Imprapur committee. The report of the Muddappa committee was accepted by the State Government. The petitioners in
W.P.No.82925-928/2012 who are paid excess based on Imprapur committee report, were asked to pay back the excess salary received. The Coordinate bench upheld the recovery and directed that the same shall be done in easy installments.
25,050/-. The revised pay scales were applicable with effect from 01.07.2005. Thus all universities in the State of Karnataka had accepted the revised scales in respect of computer programmer and extended the benefits. He contended that the State Government had issued an order in the year 1999 extending the benefit of the State pay scale to all institutions under the purview of the Government, aided institutions and non-teaching staff working in universities. He contends that the petitioner was an employee of respondent No.2 which was governed under the Karnataka State Universities Act and therefore, the petitioner was entitled for pay scale on par with that of a computer programmer in the State Government and other universities. He contends that an order dated 20.07.2012 was issued to the petitioner revising the pay scale with effect from 2012 at Rs.22,800 - Rs.43,200/- as against Rs.28,100 to Rs.50,100/-. He contends that the petitioner cannot be discriminated in the matters of pay but should be treated on par with similarly situated computer operators in other universities.
NC: 2024:KHC:38154 WP No. 33099 of 2017
notification where the pay scale was prescribed. Therefore, he contends that the petitioner cannot now after 05 years of his appointment claim that he is entitled for a higher pay scale.
time, the State Government had revised the pay scales vide Government order bearing No.FD 7/SRP/2012 dated 21.04.2012 revising the pay scale of Rs.11,400/- - Rs.21,600/to Rs.22,800/- - Rs.43,200/- with effect from 01.04.2012. As rightly contended by the learned counsel for the petitioner when the petitioner was issued with the letter of appointment on 05.05.2012, the revised pay scale was Rs.22,800 - Rs43,200/-. The benefit of this revised pay scale was given to the petitioner on 20.07.2012. However, similarly placed persons in the State Government were granted a higher pay scale namely, Rs.28,100 - 50,100/- in the year 2012, which was revised to Rs.52,650 - Rs.97,100/- in the year 2018. The State Government had issued a notification dated 12.02.1999 extending the State pay scale to non-teaching staff of universities in the State of Karnataka. Therefore, the petitioner was entitled to pay scale on par with the pay scale of computer operators in the state Government and other universities. Consequently, the respondent No.2 must have taken steps for correction of this anomaly. In that view of the matter, the petitioner is bound to succeed. Consequently, the following order is passed:
ORDER
(i) The petition is allowed in part.
(ii) The respondent No.2 is directed to forward a
proposal for refixation of the pay of the petitioner in the pay band of Rs.28,100/- to Rs.50,100/- with effect from the date of appointment of the petitioner.
(iii) This shall be done within a period of one month from the date of receipt of a copy of this order.
(iv) The respondent No.1 shall consider the said proposal in the light of the observations made hereinabove and consider the proposal in accordance with law within a period of two months from the date of proposal. It is needless to mention that upon re-fixation of the pay of the petitioner, with effect from the date of his appointment, he shall be entitled to all arrears of pay, pay revision and other benefits, which shall be borne by the respondent No.1.
Sd/(R. NATARAJ) JUDGE
HJ List No.: 1 Sl No.: 20
1 issue framed by the court
Whether a computer programmer appointed at Tumkur University is entitled to pay refixation on par with computer programmers in the State Government and other universities.
1 provisions across 1 enactments
Santosh s/o Basavaraj Akki
State of Karnataka, rep. by its Principal Secretary of Higher Education
Registrar, Tumkur University
R. Nataraj
As recorded by the court registry
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