U P RAGHAVENDRA ACHARYA Vs. STATE OF KARNATAKA
LAWS(SC)-2006-5-26
SUPREME COURT OF INDIA
Decided on
May 12,2006
U.RAGHAVENDRA ACHARYA
Appellant
VERSUS
STATE OF KARNATAKA
Respondents
Referred Judgements :-
D S NAKARA VS. UNION OF INDIA [REFERRED TO]INDIAN SERVICES LEAGUE VS. UNION OF INDIA [REFERRED TO]
K L RATHEE VS. UNION OF INDIA [REFERRED TO]
CHAIRMAN RAILWAY BOARD VS. C R RANGADHAMAIAH [REFERRED TO]
SUBRATA SEN VS. UNION OF INDIA [REFERRED TO]
STATE OF WEST BENGAL VS. WEST BENGAL GOVERNMENT PENSIONERS ASSOCIATIONS [REFERRED TO]
K T VEERAPPA VS. STATE OF KARNATAKA [REFERRED TO]
TRANSMISSION CORPN A P LTD VS. P RAMCHANDRA RAO [REFERRED TO]
Cited Judgements :-
Surendra Mishra VS. State of Orissa [LAWS(ORI)-2009-10-44] [REFERRED TO]GOBARDHAN NAIK VS. STATE OF ORISSA [LAWS(ORI)-2021-6-42] [REFERRED TO]
ASSOCIATION OF COLLEGE & UNIVERSITY SUPERANNUATED TEACHERS VS. UNION OF INDIA [LAWS(SC)-2013-1-135] [REFERRED TO]
K.N. HARIDASAN AGED 64 YEARS, S/O. NARAYANAN, RECORD KEEPER (RETIRED), STATE BANK OF TRAVANCORE, OTHERA BRANCH, THIRUVALLA, RESIDING AT "SARUS", VENPALA P.O., THIRUVALLA VS. THE STATE BANK OF TRAVANCORE, HEAD OFFICE, POOJAPURA, THIRUVANANTHAPURAM [LAWS(KER)-2017-3-59] [REFERRED TO]
A DHANAPAKIYAM VS. SECRETARY TO GOVERNMENT TAMIL NADU LEGISLATIVE ASSEMBLY T A II SECTION [LAWS(MAD)-2009-1-314] [REFERRED TO]
B S MOODITHAYA S/O PARAMESHWARA MOODITHAYA VS. KAUSHIK MUKHERJEE [LAWS(KAR)-2017-9-83] [REFERRED TO]
SUDHANGSHU KR BHATTACHARJEE, RETIRED READER VS. STATE OF TRIPURA [LAWS(GAU)-2011-4-85] [REFERRED TO]
VIDIK SEVA KARMIK SANGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2011-3-24] [REFERRED TO]
BABULAL PACHORI VS. STATE OF MP [LAWS(MPH)-2014-11-86] [REFERRED TO]
NILAKANTHA PANDA VS. SECRETARY TO GOVT. FISHERIES AND ANIMAL RESOURCES DEVELOPMENT DEPARTMENT [LAWS(ORI)-2023-9-110] [REFERRED TO]
DR. TAHIRALI NAJMI VS. STATE OF MP & OTHERS [LAWS(MPH)-2016-3-88] [REFERRED TO]
S C JAIN VS. STATE OF MP & OTHERS [LAWS(MPH)-2015-12-70] [REFERRED]
S.K. LAL VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-11-119] [REFERRED TO]
MANJU TOMAR VS. NCT [LAWS(DLH)-2009-12-91] [REFERRED TO]
K.P.BALAKRISHNAN VS. STATE OF KERALA [LAWS(KER)-2019-11-119] [REFERRED TO]
AHMEDNAGAR MUNICIPAL CORPORATION VS. MALAN KISAN ASMAR [LAWS(BOM)-2016-4-122] [REFERRED TO]
STATE OF KARNATAKA VS. K. GOPALA [LAWS(KAR)-2025-2-46] [REFERRED TO]
NAGJIBHAI L BHATTI VS. DISTRICT DEVELOPMENT OFFICER & 3 ORS [LAWS(GJH)-2015-7-184] [REFERRED]
ALICE R T SOLOMON VS. COMMISSIONER AND SECRETARY [LAWS(MAD)-2009-12-334] [REFERRED TO]
MAMATARANI MOHANTY VS. MANAGING DIRECTOR (PERSONNEL), OPP. PARTIES STATE BANK OF INDIA [LAWS(ORI)-2017-5-7] [REFERRED TO]
A.K. SINGH VS. INDIAN COUNCIL OF AGRICULTURAL RESEARCH [LAWS(CHH)-2009-11-48] [REFERRED TO]
K GOPALA S/O LATE B V KRISHNAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2019-3-88] [REFERRED TO]
PRADEEP RANGRAO NALAWADE VS. POONA COLLEGE OF PHARMACY [LAWS(BOM)-2023-7-34] [REFERRED TO]
R. LALTHLAMUANA @ R.L.T MUANA, COURT OFFICER (RTD.), AND ORS. VS. STATE OF MIZORAM AND ORS. [LAWS(GAU)-2017-9-113] [REFERRED TO]
UNION OF INDIA VS. MANIK LAL BANERJEE [LAWS(SC)-2006-7-46] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD. VS. R.P. GARG [LAWS(RAJ)-2015-11-129] [REFERRED TO]
K. RAJESWARA RAO S/O. LATE SRI RAMA PLOT NO.302, PREETI AVENUE, MYLARAGADDA, SEETHAPHAL MANDI, SECUNDERABAD VS. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, MUSHIRABAD, HYDERABAD, REP. BY ITS MANAGING DIRECTOR [LAWS(APH)-2016-9-52] [REFERRED TO]
TAMIL NADU DRIVING SCHOOLS OWNERS FEDERATION VS. STATE OF TAMIL NADU [LAWS(MAD)-2009-10-34] [REFERRED TO]
PRABHUDAS C. BAROT AND 12 ORS. VS. STATE OF GUJARAT AND 2 ORS. [LAWS(GJH)-2017-6-139] [REFERRED TO]
SURESH CHANDRA VS. STATE OF U P [LAWS(ALL)-2014-7-235] [REFERRED TO]
CHANDRASHEKAR A K VS. STATE OF KERALA [LAWS(SC)-2008-11-92] [REFERRED TO]
CHANDRASHEKAR A K VS. STATE OF KERALA [LAWS(SC)-2008-11-92] [REFERRED TO]
SHYAM NANDAN SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2023-10-50] [REFERRED TO]
UNION OF INDIA VS. AMIT KUMAR SODHIA [LAWS(MPH)-2007-10-102] [REFERRED]
ALL INDIA RETIRED BANK EMPLOYEES ASSOCIATION VS. UNION OF INDIA [LAWS(DLH)-2012-3-497] [REFERRED TO]
UNITED BANK OF INDIA RETIREES WELFARE ASSOCIATION VS. UNITED BANK OF INDIA & ORS [LAWS(CAL)-2016-9-146] [REFERRED]
MAHENDRA NATH SARMA VS. THE STATE OF ASSAM AND ORS. [LAWS(GAU)-2015-6-10] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. TARA DUTT SHARMA [LAWS(HPH)-2022-12-43] [REFERRED TO]
STATE OF H P & ORS VS. RAJESH CHANDER SOOD ETC [LAWS(SC)-2016-9-122] [REFERRED TO]
DEBENDRANATH MOHANTY VS. UNION OF INDIA [LAWS(ORI)-2022-7-102] [REFERRED TO]
V. SUKUMARAN VS. STATE OF KERALA [LAWS(SC)-2020-8-34] [REFERRED TO]
STATE OF TAMIL NADU VS. SESHACHALAM [LAWS(SC)-2007-9-98] [REFERRED TO]
CHANDRA MUKHI VS. UNION OF INDIA [LAWS(ALL)-2020-2-411] [REFERRED TO]
STATE OF KERALA VS. P.V. MOHAN [LAWS(KER)-2024-11-32] [REFERRED TO]
STATE OF H.P. & ORS. VS. RAJESH CHANDER SOOD ETC. ETC. [LAWS(SC)-2016-9-45] [REFERRED TO]
PEPSU ROAD TRANSPORT CORPORATION VS. MANGAL SINGH [LAWS(SC)-2011-5-65] [REFERRED TO]
PUNJAB STATE COOPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD VS. REGISTRAR, COOPERATIVE SOCIETIES [LAWS(SC)-2022-1-33] [REFERRED TO]
BANK OF BARODA VS. G.PALANI [LAWS(SC)-2018-2-205] [REFERRED TO]
STATE OF MIZORAM VS. MIZORAM PENSIONER'S ASSOCIATION [LAWS(GAU)-2009-5-67] [REFERRED TO]
HARIDASAN VS. STATE OF KERALA [LAWS(KER)-2009-10-12] [RELIED ON]
R KANNAN VS. TAMIL NADU ELECTRICITY BOARD [LAWS(MAD)-2007-11-150] [REFERRED TO]
SUJATA MOHANTY VS. BERHAMPUR UNIVERSITY [LAWS(ORI)-2021-7-18] [REFERRED TO]
JHARKHAND STATE NON-GAZETTED EMPLOYEES FEDERATION VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-12-121] [REFERRED TO]
G PALANI VS. BANK OF BARODA [LAWS(MAD)-2007-8-396] [REFERRED TO]
M P PARTHASARATHY VS. CHAIRMAN [LAWS(MAD)-2010-6-232] [REFERRED TO]
ISHWAR DASS SOOD VS. H.P. VIDHAN SABHA [LAWS(HPH)-2007-4-45] [REFERRED TO]
SHANTI DEVI VS. STATE OF JHARKHAND [LAWS(JHAR)-2024-5-68] [REFERRED TO]
SHAMSHER SINGH SANDHU VS. UNION OF INDIA [LAWS(GAU)-2008-8-15] [REFERRED TO]
G.V. SESHAMAMBA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-3-130] [REFERRED TO]
MAHATMA PHULE KRISHI VIDYAPEETH VS. GANPAT [LAWS(BOM)-2016-3-66] [REFERRED TO]
MAHARASHTRA STATE FINANCIAL CORPORATION EX-EMPLOYEES ASSOCIATION VS. STATE OF MAHARASHTRA [LAWS(SC)-2023-2-5] [REFERRED TO]
JUDGEMENT
S. B. Sinha, J. -
(1.)These appeals involving identical questions of fact and law were taken up for hearing together and are being disposed of by this common judgment.
(2.)The appellants in these appeals are retired teachers of the University and Private Aided Colleges (to whom UGC scales of pay were applicable). They have retired during the period 1-1-1996 to 31-3-1998. So far as the teachers of the University or Private Aided Colleges are concerned, indisputably, they were being paid the same salary as was being paid to the teachers of the Government Colleges. The appellants in Civil Appeal No.1391/2006, have retired from the Karnataka Regional Engineering College, Surathkal, Karnataka, which was established by the Government of India at the request of the Government of Karnataka. It is a centrally aided institution as envisaged under Entry 64 of List 1 of the Seventh Schedule to the Constitution of India. So far as the said institution is concerned, its expenditure used to be borne by the Government of India and the State of Karnataka. It, however, has been notified by the Government of India as a Deemed University with effect from 26-6-2002.
(3.)It is not in dispute that the revised scales of pay as recommended by the Pay Revision Committee became applicable to the appellants with effect from 1-1-1986. It is also not in dispute that the UGC scales of pay were applicable to them. The Government of Karnataka, by a letter dated 17-12-1993 directed that the matter relating to the fixation of pension on the basis of UGC pay scales would be governed by Rule 296 of the Karnataka Civil Services Rules (hereinafter referred to as the Rules), providing for computation of emoluments for the purpose of pension and gratuity of a Government servant. In the said letter it was stated:
"The term emoluments has been defined and redefined from time to time whenever pension has been revised by Executive orders. The term Emoluments for purpose of pensionary benefits as defined in G.O. dated 17-8-87 benefits includes among other things the last pay drawn. It is, therefore, clarified that the pay drawn by the teachers of degree colleges in respect of whom UGC scales have been extended by G.O. No.ED 88 UNI 88, dtd. 30-3-90 w.e.f. 1-1-86 and who have opted to UGC scales of pay, the last pay drawn by them in the UGC scales of pay among other things may be treated as emoluments for purpose of pensionary benefits under G.O. dtd. FD 20 SRS 87 (I), dtd. 17-8-87."
(2.)The appellants in these appeals are retired teachers of the University and Private Aided Colleges (to whom UGC scales of pay were applicable). They have retired during the period 1-1-1996 to 31-3-1998. So far as the teachers of the University or Private Aided Colleges are concerned, indisputably, they were being paid the same salary as was being paid to the teachers of the Government Colleges. The appellants in Civil Appeal No.1391/2006, have retired from the Karnataka Regional Engineering College, Surathkal, Karnataka, which was established by the Government of India at the request of the Government of Karnataka. It is a centrally aided institution as envisaged under Entry 64 of List 1 of the Seventh Schedule to the Constitution of India. So far as the said institution is concerned, its expenditure used to be borne by the Government of India and the State of Karnataka. It, however, has been notified by the Government of India as a Deemed University with effect from 26-6-2002.
(3.)It is not in dispute that the revised scales of pay as recommended by the Pay Revision Committee became applicable to the appellants with effect from 1-1-1986. It is also not in dispute that the UGC scales of pay were applicable to them. The Government of Karnataka, by a letter dated 17-12-1993 directed that the matter relating to the fixation of pension on the basis of UGC pay scales would be governed by Rule 296 of the Karnataka Civil Services Rules (hereinafter referred to as the Rules), providing for computation of emoluments for the purpose of pension and gratuity of a Government servant. In the said letter it was stated:
"The term emoluments has been defined and redefined from time to time whenever pension has been revised by Executive orders. The term Emoluments for purpose of pensionary benefits as defined in G.O. dated 17-8-87 benefits includes among other things the last pay drawn. It is, therefore, clarified that the pay drawn by the teachers of degree colleges in respect of whom UGC scales have been extended by G.O. No.ED 88 UNI 88, dtd. 30-3-90 w.e.f. 1-1-86 and who have opted to UGC scales of pay, the last pay drawn by them in the UGC scales of pay among other things may be treated as emoluments for purpose of pensionary benefits under G.O. dtd. FD 20 SRS 87 (I), dtd. 17-8-87."
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