Under the said Government order, the benefit of the University Grants Commission (UGC) pay scales as revised from 1st January 1996 was granted to these three categories of employees with retrospective effect from 1st January 1996. (Para 2)
The appellants were denied the benefit of the Government Order dated 15th November 1999. Therefore, the appellants filed an application before the Karnataka Administrative Tribunal, which was rejected. They filed a Writ Petition before the High Court to challenge the order of the Tribunal. Writ Petition was dismissed by the impugned judgment. The impugned judgment relies upon a Government Order dated 4th July 2008, which records that the revised UGC pay scale shall be extended from 27th July 1998 notionally and all financial benefits shall be extended prospectively from 4th July 2008, and no arrears shall be paid. (Para 3)
It is not in dispute that the case of Shri N. Ramesh in Writ Petition No. 5855 of 2008, decided by the learned Single Judge of Karnataka High Court on 13th February 2009, was similar to the present appellants. The learned Single Judge held that the said Shri N. Ramesh was entitled to the benefit of the revised UGC pay scale from 1st January 1996 based on the order dated 15th November 1999. (Para 6)
The State Government ought to have applied for review of the order of this Court in the case of Shri N. Ramesh. However, the Government had allowed the said order to become final. Notwithstanding the Government Order of 4th July 2008, as can be seen from the additional documents, the benefit was granted to the employees who were similarly placed with the appellants even on 7th January 2014. It was a conscious decision of the State Government to accept the decision of the High Court in the case of Shri N. Ramesh. Now, the State Government cannot rely upon the Government Order dated 4th July 2008 (Para 10)
We direct the State Government to extend the benefits under the Government Order dated 15th November 1999 to the appellants within a period of three months from today. The appeals are, accordingly, allowed on the above terms with no order as to costs. (Para 11)
We make it clear that this judgment will apply to all cases, pending before either the Administrative Tribunal or High Court, of similarly situated employees in which a similar relief is claimed. However, this judgment shall not be used to file new cases by retired employees who have been denied the benefit and who have not challenged the action till date. No case, which has been concluded, shall be reopened on the basis of this judgment. (Para 12)
SUPREME COURT OF INDIA
2023 STPL(Web) 269 SC
[2023 INSC 828]
B.C. Nagaraj & Anr. Vs. State Of Karnataka & Ors.
Civil Appeal Nos. 5529-5530 of 2023-Decided on 13-9-2023
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