- (1.) This batch of 41 appeals arising out of the common judgment and order dated 8th March, 2000 passed by the High Court of Karnataka at Bangalore in Writ Appeal Nos. 7000- 7555/1999 were taken up for hearing together and are being disposed of by this judgment.
(2.) The facts, in brief, are that the appellants are holding non-teaching posts in the University of Mysore. The pay scales of the employees of the respondent-University, after the Tukol Pay Commission Report, were based on the pay scales recommended by the said Commission for the Government employees of the State of Karnataka as adopted by the University after due consideration of the duties and responsibilities of the various posts in the University. The pay scales of Government employees were revised on the basis of 'Narayana Pai Pay Commission Report' with effect from 1st January, 1977. The University of Mysore-respondent No. 2 herein and other Universities in the State requested the State Government to extend the pay scales recommended by the Narayana Pai Pay Commission in its Report to the University employees also. The State Government appointed a Committee, namely, 'Muddappa Committee', to go into the entire matter and to make recommendations in that respect. The said Committee made a Report with certain recommendations as to the revision of pay scales to the University employees, in the State of Karnataka. It appears that no satisfactory solution was found in the matter of fixing of pay scales to the University employees with effect from 1st January, 1977 and as a result thereof, a large number of employees especially the academic staff of the University of Mysore have suffered heavily. They filed representations requesting the authorities to look into the grievances of the employees and set right the anomalies. In spite of the recommendations in respect of the pay scales of the employees, the University of Mysore has not implemented the said Report. 23 employees of the respondent-University, similarly placed to the appellants, filed Writ Petition Nos. 21487-21506/1982 before the High Court inter alia praying for writ of mandamus commanding the State of Karnataka and the University of Mysore to declare that the fixation of revised pay scales with effect from 1.1.1977 in respect of the non- teaching (academic) staff of the University of Mysore insofar as the petitioners (in those petitions) were concerned is arbitrary, unreasonable, discriminatory and violative of Articles 14 and 16 of the Constitution of India and direct the State and the University to revise and re-fix the pay scales with effect from 1st January, 1977 at par with the employees of the State Government on the basis of the Pay Commission Report, 1976 as accepted by the University of Mysore. The State of Karnataka and the University of Mysore had not filed objections/counter affidavits in opposition to the said writ petitions which were allowed by the learned Single Judge by order dated June 21, 1989 directing the University of Mysore to accord revised pay scales to the petitioners on a rational basis with effect from 1st January, 1977 with consequential benefits including the difference of salary and further to consider the question of revision of pay scales with effect from 1st January, 1982 and also subsequently as and when the pay scales of other posts specified in column No. 5 of the statement extracted in the said order have been revised and to grant all consequential benefits.
(3.) Being aggrieved, against the judgment of the learned Single Judge, the University of Mysore filed Writ Appeal Nos. 2220 to 2230 of 1989. The said appeals were disposed of by the Division Bench on 18th April, 1990 in the following terms:- "(i) The petitioners may submit their representations against the Report of the Muddappa Committee before the Vice- Chancellor of the University of Mysore for revising the pay-scales. Within 4 weeks from the date of submission of the representations, the Vice-Chancellor shall appoint a Committee of three persons to go into the representations of the petitioners. The Committee so appointed shall hear the petitioners or their counsel and a representative of the University or its counsel and submit its Report to the Vice-Chancellor within four weeks from the date of its appointment. Within six weeks from the date of receipt of the Report of the Committee, the University shall take a decision in the matter in accordance with law regarding the pay-scales of the petitioners. In the event the pay scales are revised, the same shall be given effect to from 1.1.1977 by suitably amending the Statutes. Consequent to revision of pay scales to a higher scale, the petitioners shall also be entitled to all the consequential benefits including difference of salary from 1.1.1977. (ii) The University is also directed to give effect to the subsequent revisions in the pay-scales with effect from 1.1.1982 and further revisions, if any, subsequent to 1.1.1982, the University and the benefit of the same shall also be extended to the petitioners and the fitment in the pay-scales revised with effect from 1.1.1982 and a further revision, if any, shall be made on the basis of the pay-scale revised with effect from 1.1.1977. This direction shall also be complied with within the aforesaid period. All the contentions of both sides are left open.";