STATE OF KARNATAKA Vs. MANGLORE UNIVERSITY NON TEACHING EMPLOYEES ASSOCIATION
LAWS(SC)-2002-2-25
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on
February 28,2002
STATE OF KARNATAKA
Appellant
VERSUS
MANGALORE UNIVERSITY NON TEACHING EMPLOYEES ASSOCIATION
Respondents
Cited Judgements :-
V K UPADHYAYA VS. STATE OF U P [LAWS(ALL)-2009-2-16] [REFERRED TO]EXECUTIVE OFFICER NAGAR PALIKA VS. RAJENDRA SINGH [LAWS(ALL)-2004-8-120] [REFERRED TO]
B SAILESH SAXENA VS. UNION OF INDIA AND OTHERS [LAWS(APH)-2018-6-2] [REFERRED TO]
INDEPENDENT GAS BASED POWER PRODUCERS ASSOCIATION VS. UNION OF INDIA AND ORS. [LAWS(APH)-2015-1-13] [REFERRED TO]
P.HARSHA VARDHAN VS. GOVERNMENT OF INDIA, MINISTRY OF HEALTH & FAMILY WELFARE [LAWS(APH)-2014-12-73] [REFERRED TO]
A SUBBULAKSHMI VS. DISTRICT TREASURY OFFICER; SUB TREASURY OFFICER [LAWS(MAD)-2009-9-494] [REFERRED]
R NAVEENEETHAKRISHNAN VS. DISTRICT TREASURY OFFICER MADURAI [LAWS(MAD)-2009-9-109] [REFERRED TO]
Grid Co.Power Engineers Association VS. State of Orissa [LAWS(ORI)-2006-4-61] [REFERRED TO]
RAMCHANDRAN PRASAD SHARMA VS. CENTRAL ADMINISTRATIVE TRIBUNAL JABALPUR & THREE [LAWS(MPH)-2007-7-130] [REFERRED TO]
TAMIL NADU STATE APEX CO-OPERATIVE BANK PENSIONERS ASSOCIATION VS. TAMIL NADU STATE APEX CO-OPERATIVE BANK LIMITED [LAWS(MAD)-2008-10-145] [REFERRED TO]
TEACHERS RECRUITMENT BOARD VS. K.BOMMI [LAWS(MAD)-2019-1-691] [REFERRED TO]
SMT. E.S.S. ALMEIDA VS. THE DIRECTOR GENERAL, COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH (CSIR) AND THE DIRECTOR, NATIONAL INSTITUTE OF OCEANOGRAPHY [LAWS(BOM)-2011-2-210] [REFERRED TO]
UNION OF INDIA VS. UNION OF INDIA [LAWS(MAD)-2007-3-381] [REFERRED TO]
NITYA RANJAN DAS AND ORS. VS. STATE OF M.P. AND ORS. [LAWS(MPH)-2015-4-10] [REFERRED TO]
B R VASUDEVAMURTHY VS. MINISTER FOR REVENUE GOVERNMENT OF KARNATAKA [LAWS(KAR)-2006-12-1] [REFERRED TO]
JEET PATEL VS. GUJARAT TECHNILOGICAL UNIVERSITY [LAWS(GJH)-2011-11-69] [REFERRED TO]
PREMA SONKAR AND OTHERS VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2007-7-138] [REFERRED TO]
R GURUSAMY VS. DISTRICT TREASURY OFFICER MADURAI [LAWS(MAD)-2009-9-104] [REFERRED TO]
P PERIYACHI VS. DISTRICT TREASURY OFFICER MADURAI [LAWS(MAD)-2009-9-282] [REFERRED TO]
V ALAGUSAMY VS. DISTRICT TREASURY OFFICER, SUB-TREASURY OFFICER [LAWS(MAD)-2009-9-505] [REFERRED]
STATE OF KERALA VS. A. AUGUSTINE [LAWS(KER)-2023-3-125] [REFERRED TO]
JANARDAN PRASAD SRIVASTAVA VS. STATE OF U P [LAWS(ALL)-2011-1-70] [REFERRED TO]
SARA HARRY D MELLO VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-5-52] [REFERRED TO 2.]
MEENAKSHI SHUKLA AND ORS. VS. THE STATE OF MADHYA PRADESH AND ORS. [LAWS(MPH)-2015-4-79] [REFERRED TO]
G SUBRAMANIAN VS. REGISTRAR TAMIL NADU VETERINARY AND ANIMAL SCIENCES UNIVERSITY CHENNAI [LAWS(MAD)-2010-2-367] [REFERRED TO]
PURSHOTTAM LAL DAS VS. STATE OF BIHAR [LAWS(SC)-2006-10-23] [REFERRED TO]
CHAIRMAN-CUM-M.D., COAL INDIA LTD. AND ORS. VS. ANANTA SAHA AND ORS. [LAWS(SC)-2011-4-167] [REFERRED TO]
PATEL DIPTIBEN ANILBHAI VS. GUJARAT TECHNOLOGICAL UNIVERSITY [LAWS(GJH)-2011-10-201] [REFERRED TO]
STATE OF U P VS. NAGESH UPADHYAY [LAWS(ALL)-2008-8-221] [REFERRED TO]
YOGENDRA SINGH VS. STATE OF U P [LAWS(ALL)-2010-10-19] [REFERRED TO]
ASHES KIRAN PRASAD VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2016-2-256] [REFERRED TO]
H S DHIMAN VS. NDMC [LAWS(DLH)-2007-9-255] [REFERRED TO]
CHANDRAWATI DEVI VS. UNION OF INDIA [LAWS(DLH)-2008-5-129] [REFERRED TO]
VIJAY PRAKASH SHARMA (KANOONGO) VS. STATE OF U P & OTHERS [LAWS(ALL)-2018-1-115] [REFERRED TO]
JANARDAN YADAV VS. STATE OF U.P. [LAWS(ALL)-2013-11-139] [REFERRED TO]
H.C. SANJAY KUMAR SINGH VS. STATE OF U.P. AND 3 OTHERS [LAWS(ALL)-2013-10-248] [REFERRED TO]
LAL MANI MISHRA VS. STATE OF U P [LAWS(ALL)-2011-7-11] [REFERRED TO]
D.MADURAI PILLAI VS. ACCOUNTANT GENERAL [LAWS(MAD)-2012-9-189] [REFERRED TO]
K. KUMARAN VS. CENTRAL PENSION ACCOUNTING OFFICE TRIKOOT, NEW DELHI [LAWS(MAD)-2013-11-143] [REFERRED TO]
GANPATI BAI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2012-8-230] [REFERRED TO]
BADRI PRASAD SHARMA VS. STATE OF M P [LAWS(MPH)-2006-6-6] [REFERRED TO]
ALL INDIA AYURVEDIC TEACHERS ASSOCIATION AND ORS. VS. THE STATE OF MADHYA PRADESH AND ORS. [LAWS(MPH)-2015-4-83] [REFERRED TO]
VAISHALI SAMANT VS. STATE OF GOA [LAWS(BOM)-2005-12-6] [REFERRED TO]
KOYALA UDYOG KAMGAR SANGHATAN VS. CENTRAL MINE PLANNING AND DESIGN INSTITUTE LED [LAWS(BOM)-2007-7-155] [REFERRED TO]
RADHA TEJPAL BAJAJ VS. PRESIDENT INDUSTRIAL COURT [LAWS(GJH)-2005-12-17] [REFERRED TO]
NARENDRA KUMAR SINGH YADAV VS. STATE OF U P [LAWS(ALL)-2008-4-62] [REFERRED TO]
THAKUR PRASAD YADAV VS. STATE OF U P [LAWS(ALL)-2012-4-65] [REFERRED TO]
PATEL DIPTIBEN ANILBHAI VS. GUJARAT TECHNOLOGY UNIVERSITY [LAWS(GJH)-2011-10-213] [REFERRED TO]
RAJNI DEVI VS. UNION OF INDIA (UOI) AND ORS. [LAWS(DLH)-2009-8-330] [REFERRED TO]
R KIRUBAVATHY VS. DISTRICT TREASURY OFFICER MADURAI [LAWS(MAD)-2009-9-107] [REFERRED TO]
P EFFCE ROSLIE PAPA VS. DISTRICT TREASURY OFFICER, SUB-TREASURY OFFICER [LAWS(MAD)-2009-9-504] [REFERRED]
JANKI RAM JHA VS. STATE OF BIHAR [LAWS(PAT)-2019-4-205] [REFERRED TO]
STATE INDUSTRIES PROMOTION CORPORATION OF TAMIL NADU LIMITED VS. M/S. SINGAPORE REALITY PRIVATE LIMITED [LAWS(MAD)-2014-3-9] [REFERRED TO]
BIECCO LAWRIE LTD VS. STATE OF WEST BENGAL [LAWS(SC)-2009-7-41] [REFERRED TO]
MANAGEMENT OF KONGANAPURAAM PRIMARY AGRICULTURAL CO OPERATIVE BANK LTD VS. P O LABOUR COURT [LAWS(MAD)-2004-3-337] [REFERRED TO]
UNION OF INDIA VS. K BABU [LAWS(MAD)-2007-3-245] [REFERRED TO]
BHIKHABHAI RASULBHAI BHOKARIYA VS. STATE OF GUJARAT [LAWS(GJH)-2006-12-41] [REFERRED TO]
SAMSEN PAT AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2015-5-253] [REFERRED TO]
AVIJIT DAS VS. UNION OF INDIA [LAWS(DLH)-2015-5-439] [REFERRED TO]
STATE OF TELANGANA, REP., BY ITS PRL. SECRETARY, WOMEN AND CHILD WELFARE DEPARTMENT, TELANGANA SECRETARIAT VS. M/S. SRI VENKATESWARA INDUSTRIES, MAHABOBNAGAR, MAHABOOBNAGAR DISTRICT, REP., BY ITS PROPRIETOR B. DAMODAR REDDY [LAWS(APH)-2016-9-64] [REFERRED TO]
JHANSI DIVISION JAL SANSTHAN KARMCHARI UNION VS. STATE OF U P [LAWS(ALL)-2004-3-23] [REFERRED TO]
PATEL DIPTI BEN ANILBHAI VS. GUJARAT TECHNOLOGICAL UNIVERSITY [LAWS(GJH)-2011-3-229] [REFERRED TO]
RAM NAKSHTRA SHARMA VS. STATE OF U P [LAWS(ALL)-2013-7-187] [REFERRED TO]
RAM MILAN YADAV VS. STATE OF U P [LAWS(ALL)-2012-1-153] [REFERRED TO]
NIRMAL KUMAR TRIPATHI VS. STATE OF U P [LAWS(ALL)-2011-7-161] [REFERRED TO]
PRATAP NARAIN NEGI AND OTHERS VS. STATE OF UTTARAKHAND AND OTHERS [LAWS(UTN)-2019-5-52] [REFERRED TO]
M.K.JAYAPAL VS. REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) [LAWS(KER)-2020-11-385] [REFERRED TO]
RITA SWAMIT AND ORS. VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2015-4-88] [REFERRED TO]
PANKAJ MISHRA VS. STATE OF M.P. AND ORS. [LAWS(MPH)-2015-4-224] [REFERRED TO]
V RAMACHANDRAN VS. DISTRICT TREASURY OFFICER; SUB-TREASURY OFFICER [LAWS(MAD)-2009-9-507] [REFERRED]
K B ZALA VS. STATE OF GUJARAT [LAWS(GJH)-2003-1-5] [RELIED ON]
SMT. VIDYA YADAV VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2012-1-785] [REFERRED TO]
PARAS NATH GUPTA VS. STATE OF U P [LAWS(ALL)-2011-2-18] [REFERRED TO]
STATE OF W B VS. DULAL CHANDRA MONDAL [LAWS(CAL)-2005-5-14] [REFERRED TO]
S PURUSHOTHAM VS. STATE OF A P [LAWS(APH)-2006-8-31] [REFERRED TO]
MAGGHU PRASAD TIWARI VS. UNION OF INDIA [LAWS(ALL)-2005-8-198] [REFERRED TO]
DURYODHAN LAL JATAV VS. STATE OF U P [LAWS(ALL)-2005-1-126] [REFERRED TO]
SUBHASH CHANDRA PANDEY VS. STATE OF U P [LAWS(ALL)-2007-9-78] [REFERRED TO]
CHINTA JOHN SUNDAR VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2022-10-64] [REFERRED TO]
SUSHMA KUMAR VS. STATE OF M P [LAWS(MPH)-2011-4-34] [REFERRED TO]
S ALAGU VS. DISTRICT TREASURY OFFICER, SUB-TREASURY OFFICER [LAWS(MAD)-2009-9-503] [REFERRED]
A P N RUKMANI VS. DISTRICT TREASURY OFFICER MADURAI [LAWS(MAD)-2009-9-47] [REFERRED TO]
RAM PRASAD VERMA VS. STATE OF U.P. & OTHERS [LAWS(ALL)-2011-12-338] [REFERRED TO]
UNION OF INDIA VS. RAKESH CHANDRA SHARMA [LAWS(ALL)-2003-10-24] [REFERRED TO]
STATE OF U P VS. A P GANESH SINGH & OTHERS [LAWS(ALL)-2018-2-177] [REFERRED TO]
Geeta Devi VS. State of U.P. and Others [LAWS(ALL)-2009-4-812] [REFERRED TO]
INSPECTOR EXE JASPAL SINGH MANN VS. UNION OF INDIA [LAWS(DLH)-2008-5-126] [REFERRED TO]
SHRI MEIHOUBAM RAKESH SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2017-3-9] [REFERRED TO]
RABINDRA NATH MISHRA VS. STATE OF BIHAR [LAWS(PAT)-2019-5-109] [REFERRED TO]
S JAYARAMAN VS. ENGINEER IN CHIEF WRO AND CHIEF ENGINEER GENERAL PUBLIC WORKS DEPARTMENT [LAWS(MAD)-2011-3-775] [REFERRED TO]
M KANDASAMY VS. DIVISIONAL FOREST OFFICER RURAL FUELWOOD DIVISION KRISHNAGIRI [LAWS(MAD)-2009-8-282] [REFERRED TO]
K PALANI VS. DISTRICT TREASURY OFFICER MADURAI [LAWS(MAD)-2009-9-83] [REFERRED TO]
A. KUMAR VS. DIRECTOR OF TECHNICAL EDUCATION, CHENNAI AND ORS. [LAWS(MAD)-2011-7-407] [REFERRED TO]
S S GUPTADR MRS NEETA PARASHAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2006-4-66] [REFERRED TO]
TRANSPORT AND DOCK WORKERS UNION VS. MUMBAI PORT TRUST [LAWS(SC)-2010-11-74] [REFERRED TO]
HEM SINGH VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-5-150] [REFERRED TO]
JUDGEMENT
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(1.)The decision taken by the State Government to discontinue with effect from 1-4-1994 the payment of House Rent Allowance (hereinafter referred to as 'HRA') and City Compensatory Allowance (hereinafter referred to as 'CCA') to the employees of Mangalore University and the consequential action taken by the State Government and the University to recover the excess payments made after 1-4-1994 in instalments was called in question by the respondents herein by filing Writ Petitions under Article 226. The learned single Judge of the Karnataka High Court declined to grant relief and dismissed the Writ Petitions. However, on an intra-court appeal by the aggrieved employees/association of employees, the Division Bench of the High Court reversed the order of the learned single Judge and set aside the impugned orders of the Government, thereby allowing the Writ Petitions. It is against this judgment of the Division Bench, these appeals are preferred by the State of Karnataka.
(2.)The campus of the Mangalore University which was established in the year 1980 is situated at a place called 'Konaje' which is at a distance of about 5 Kms. from the boundary of the Mangalore City Corporation. The payment of allowances - HRA and CCA to the teaching and non-teaching staff of University is regulated by the various Government Orders issued from time to time. The State Government makes the fund available to the University for meeting the expenditure towards pay and allowances of the employees. It appears that on account of inadequate housing facilities in the campus, the Government by a G.O. dated 30-11-1984 allowed the HRA and CCA to be paid to the employees residing within the City Corporation area on par with the employees working within the limits of the Corporation. Sanction for such payment was given for three years. The payment was being made in terms of the Government Order dated 30-11-1984, even after the expiry of three years. The Government by an order dated 12-10-1993 extended the benefit for one year from 1-4-1993. It is not in dispute that the payment towards HRA and CCA was made even thereafter at the same rate till the impugned orders came to be passed during the year 1996/1997 to which reference will be made a little later. While so, on the basis of the objection raised by Accountant-General, the Government reconsidered the issue and passed orders on 13-2-1996 in G.O. No. ED:42:UDK-93. It is stated therein that "since Konaje is not under the jurisdiction of Mangalore City Corporation area, HRA and CCA cannot be paid at the same rates from 1-4-1994 onwards". Accordingly, the following order was passed by the Government:-
"Employees of Mangalore University at Konaje have been exempted from the recovery of HRA and CCA paid from 1988-89 to 1992-93 only if they have been resident in the jurisdiction of Mangalore City Corporation Area.
This is subject to the condition that employees of Mangalore University at Konaje shall not be paid HRA and CCA from 1-4-1994 at the rates applicable in the Mangalore City Corporation area."
(3.)Though in the first para extracted above, recovery was waived up to 1992-93, actually such waiver was up to 31-3-1994 as is evident from what is stated in the subsequent G.O. No. ED:131:UDV:96, dated 24-5-1997. By that G.O. dated 24-5-1997 as well as earlier G.O. dated 5-3-1997 the Government directed the University authorities to recover the excess amount of HRA and CCA paid to the employees of Mangalore University w.e.f. 1-4-1994 in compliance with G.O. No. ED:42:UDK:93, dated 13-2-1996 in 100 monthly instalments as proposed by the Vice-Chancellor of Mangalore University. The suggestion of the Vice-Chancellor to reconsider the decision in the light of inclusion of Konaje within the extended area of Mangalore Urban Development Authority w.e.f. 2-12-1996 was not accepted by the Government. This led to the filing of Writ Petitions in the High Court. The legality of the orders issued by the Government on 13-2-1996, 5-3-1997 and 24-5-1997 was assailed in the Writ Petitions and a direction was sought to pay HRA and CCA to teaching and non-teaching employees of the University at the same rate as is applicable to the 'C' category city/town. It may also be mentioned at this juncture that the Vice-Chancellor of the University by his communication dated 5-3-1997 addressed to the Chief Secretary requested the Government to waive the excess payment up to 31-3-1997 and continue to pay the HRA at the same rate. It indicates that notwithstanding the G.O. dated 13-2-1996, status quo in regard to the payment of the allowances continued up to 31-3-1997 and that was the position till the date of filing of the Writ Petition in the year 1997.
(2.)The campus of the Mangalore University which was established in the year 1980 is situated at a place called 'Konaje' which is at a distance of about 5 Kms. from the boundary of the Mangalore City Corporation. The payment of allowances - HRA and CCA to the teaching and non-teaching staff of University is regulated by the various Government Orders issued from time to time. The State Government makes the fund available to the University for meeting the expenditure towards pay and allowances of the employees. It appears that on account of inadequate housing facilities in the campus, the Government by a G.O. dated 30-11-1984 allowed the HRA and CCA to be paid to the employees residing within the City Corporation area on par with the employees working within the limits of the Corporation. Sanction for such payment was given for three years. The payment was being made in terms of the Government Order dated 30-11-1984, even after the expiry of three years. The Government by an order dated 12-10-1993 extended the benefit for one year from 1-4-1993. It is not in dispute that the payment towards HRA and CCA was made even thereafter at the same rate till the impugned orders came to be passed during the year 1996/1997 to which reference will be made a little later. While so, on the basis of the objection raised by Accountant-General, the Government reconsidered the issue and passed orders on 13-2-1996 in G.O. No. ED:42:UDK-93. It is stated therein that "since Konaje is not under the jurisdiction of Mangalore City Corporation area, HRA and CCA cannot be paid at the same rates from 1-4-1994 onwards". Accordingly, the following order was passed by the Government:-
"Employees of Mangalore University at Konaje have been exempted from the recovery of HRA and CCA paid from 1988-89 to 1992-93 only if they have been resident in the jurisdiction of Mangalore City Corporation Area.
This is subject to the condition that employees of Mangalore University at Konaje shall not be paid HRA and CCA from 1-4-1994 at the rates applicable in the Mangalore City Corporation area."
(3.)Though in the first para extracted above, recovery was waived up to 1992-93, actually such waiver was up to 31-3-1994 as is evident from what is stated in the subsequent G.O. No. ED:131:UDV:96, dated 24-5-1997. By that G.O. dated 24-5-1997 as well as earlier G.O. dated 5-3-1997 the Government directed the University authorities to recover the excess amount of HRA and CCA paid to the employees of Mangalore University w.e.f. 1-4-1994 in compliance with G.O. No. ED:42:UDK:93, dated 13-2-1996 in 100 monthly instalments as proposed by the Vice-Chancellor of Mangalore University. The suggestion of the Vice-Chancellor to reconsider the decision in the light of inclusion of Konaje within the extended area of Mangalore Urban Development Authority w.e.f. 2-12-1996 was not accepted by the Government. This led to the filing of Writ Petitions in the High Court. The legality of the orders issued by the Government on 13-2-1996, 5-3-1997 and 24-5-1997 was assailed in the Writ Petitions and a direction was sought to pay HRA and CCA to teaching and non-teaching employees of the University at the same rate as is applicable to the 'C' category city/town. It may also be mentioned at this juncture that the Vice-Chancellor of the University by his communication dated 5-3-1997 addressed to the Chief Secretary requested the Government to waive the excess payment up to 31-3-1997 and continue to pay the HRA at the same rate. It indicates that notwithstanding the G.O. dated 13-2-1996, status quo in regard to the payment of the allowances continued up to 31-3-1997 and that was the position till the date of filing of the Writ Petition in the year 1997.
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