The first appellant reached the selection grade pay scale of the University Grants Commission (UGC) on 1 January 1986. A circular was issued by the Government of Karnataka on 23 October 2001 stating that physical education and library personnel drawing UGC pay scales of 1996 shall not be granted other government benefits under the Government Order dated 15 November 1999. The High Court held that the benefit of the revised UGC pay scale was rightly extended earlier to the said employee, and therefore, the High Court, by judgment and order dated 13 February 2009, directed that all benefits be extended to him. He submitted that the order dated 4 July 2008 issued by the State Government is in terms of the order of UGC dated 19 October 2006, which lays down that the benefit of revised pay scales with effect from 1 January 1996 shall be extended from 27 July 1998 notionally and all financial benefits shall be extended prospectively from 4 July 2008 and that the employees will not be entitled to arrears.
It appears that the Order dated 19 October 2006 issued by UGC and the Order dated 4 July 2008 issued by the State Government were not pointed out to the learned Single Judge who decided Writ Petition of Shri N. 234 of 2007, the High Court noted the directions issued by the UGC on 19 October 2006 and the Government Order dated 4 July 2008 based on the directions of UGC and held that the Government employees were not entitled to a revised pay scale with retrospective effect. By the said order, the two librarians, who were similarly placed as the appellants, were granted the benefit of the revised pay scale from 1 January 1996 along with consequential benefits in terms of the order dated 15 November 1999. Notwithstanding the Government Order of 4 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 7 January 2014. 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.
