- (1.) The question involved in the present petition is whether the arrears of salary, which the petitioners are entitled to on the basis of the recommendations of the University Grants Commission (hereinafter referred to as U.G.C.), are to be paid in the first instance by the State Government which are then to be reimbursed by the Central Government or whether the State Government may pay the arrears after receiving the funds from the Central Government.
(2.) It is not in dispute that the petitioner Nos. 1 to 5 and 7 have all retired as Associate Professors from various Colleges whereas the other petitioners are still working as Associate Professors in the Colleges of West Bengal. On 31st December, 2008 the Union of India accepted the Scheme recommended by the U.G.C. to revise the pay scales of teachers in the Central Universities. Under the Scheme, the age of superannuation was enhanced for teachers in the Central Educational Institutions to 65 (sixty five) years. The Scheme was made applicable to teachers and other equivalent cadres of Library and Physical Education in all the Central Universities and Colleges and Institutions deemed to be Universities whose maintenance expenditure was met by the U.G.C. The implementation of the revised scales was made subject to acceptance of all conditions mentioned in the letter of 31st December, 2008 sent by the Deputy Secretary to the Government of India, to the Secretary of University Grants Commission. Clause 8 extends the Scheme to Universities, Colleges and other Higher Educational Institutions within the purview of the State legislatures provided the State Governments wish to adopt and implement the Scheme subject to certain conditions which were mentioned in the aforesaid letter. These are as follows : (a) Financial assistance from the Central Government to State Governments opting to revise pay scales of teachers and other equivalent cadre covered under the Scheme shall be limited to the extent of 80% (eighty percent) of the additional expenditure involved in the implementation of the revision. (b) The State Government opting for revision of pay shall meet the remaining 20% (twenty percent) of the additional expenditure from its own source. (c) Financial assistance referred to in sub-clause (a) above shall be provided for the period from 1.01.2006 to 31.03.2010. (d) The entire liability on account of revision of pay scales etc. of University and College teachers shall be taken over by the State Government opting for revision of pay scales with effect from 1.04.2010. (e) Financial assistance from the Central Government shall be restricted to revision of pay scales in respect of only those posts which were in existence and had been filled up as on 1.01.2006. (f) State Governments, taking into consideration other local conditions, may also decide in their discretion, to introduce scales of pay higher than those mentioned in this Scheme and may give effect to the revised bands/scales of pay from a date on or after 1.01.2006; however, in such cases, the details of modifications proposed shall be furnished to the Central Government and Central assistance shall be restricted to the Pay Bands as approved by the Central Government and not to any higher scale of pay fixed by the State Government(s). (g) Payment of Central assistance for implementing this Scheme is also subject to the condition that the entire Scheme of revision of pay scales, together with all the conditions to be laid down by the UGC by way of Regulations and other guidelines shall be implemented by State Governments and Universities and Colleges coming under their jurisdiction as a composite scheme without any modification except in regard to the date of implementation and scales of pay mentioned hereinabove.
(3.) Clause 9 of the Scheme provides that the revision in pay was effective from 1st January, 2006 with respect to the Basic Pay and Dearness Allowance. The other allowances were revised with effect from 1st September, 2008. The Scheme was made subject to the guidelines issued by the Ministry of Finance in its Office Memorandum dated 30th September, 2008. This Scheme was sent to the Chief Secretaries of all the State Governments, including the State of West Bengal.;