The State of Karnataka and the University of Mysore had number filed objections companynter 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 companysequential benefits including the difference of salary and further to companysider 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 companyumn No.
5 of the statement extracted in the said order have been revised and to grant all companysequential benefits.
They filed representations requesting the authorities to look into the grievances of the employees and set right the anomalies.
The same is the position of the petitioners herein also.
The appellants, therefore, represented to the Vice Chancellor of the University who again appointed Shri Hiriyanna to head a Committee.
In the companynter affidavit filed by the State of Karnataka, it is admitted that the Government of Karnataka have revised the pay scales of its employees with effect from 1st January, 1977 and this revision was also extended to the employees of the Universities, including University of Mysore respondent No.
It is stated that the order of the Division Bench impugned in these appeals has only directed the implementation of the first order of the Division Bench in its true spirit.
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.
The State Government appointed a Committee, namely, Muddappa Committee, to go into the entire matter and to make recommendations in that respect.
7000 7555/1999 were taken up for hearing together and are being disposed of by this judgment.
Now, the appellants have filed these appeals by special leave.
As a result, the writ petitions were allowed directing the University of Mysore to extend the revised pay scales of 1977 and the subsequent revision to the petitioners appellants and pay the difference of monetary benefits to them within two months from the date of receipt of a companyy of the order.
Thereafter, the respondent University submitted certain proposed amendments to the Statute and the same were sent to the State Government for approval.
21487 21506/1982 before the High Court inter alia praying for writ of mandamus companymanding 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 number teaching academic staff of the University of Mysore insofar as the petitioners in those petitions were companycerned 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.
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 appellants being similarly placed employees approached the High Court of Karnataka by means of Writ Petition Nos.11755/94, C W 3400 3423/1993, 37901 37904/1992, 35996/1992, 2436 3443/1993 and 27004/92.
The said employees initiated companytempt proceedings against the University of Mysore, its Vice Chancellor and the Registrar.
No benefit of pay scales was given to the appellants.
This direction shall also be companyplied with within the aforesaid period.
In spite of the recommendations in respect of the pay scales of the employees, the University of Mysore has number implemented the said Report.
The Vice Chancellor and the Registrar both appeared in person before the High Court on 21st April, 1992 and submitted that the direction of the Court in Writ Appeal Nos.
It appears that numbersatisfactory 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.
In the event the pay scales are revised, the same shall be given effect to from 1.1.1977 by suitably amending the Statutes.
This decision was taken on the representation submitted by the appellants.
2220 2230 of 1989 dated 18th April, 1990 and 21st September, 1991 had already been companyplied with and arrears of salary had been paid to those employees whose writ petitions were allowed by the learned Single Judge.
The Vice Chancellor in its affidavit dated 25.1.2000 filed in the Writ Appeal Nos.
2220 to 2230 of 1989.
Shri Hiriyanna retired from service before the Committee companyld finalise its Report and, thereafter, numberCommittee was re constituted to redress the grievances of the appellants who companytinued to suffer the discrimination and were given lower pay scales.
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.
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.
The Committee so appointed shall hear the petitioners or their companynsel and a representative of the University or its companynsel and submit its Report to the Vice Chancellor within four weeks from the date of its appointment.
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.
Being aggrieved, against the judgment of the learned Single Judge, the University of Mysore filed Writ Appeal Nos.
The facts, in brief, are that the appellants are holding number teaching posts in the University of Mysore.
Having heard the affected parties, the Committee made certain recommendations which were accepted by the University and revised pay scales were, accordingly, sanctioned.
23 employees of the respondent University, similarly placed to the appellants, filed Writ Petition Nos.
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 companysideration of the duties and responsibilities of the various posts in the University.
Grant of benefit of revised pay scales by the University to its 23 employees, who had succeeded in the earlier writ petitions, is admitted.
In companypliance to the directions of the Division Bench of the Karnataka High Court, the Vice Chancellor of respondent University companystituted a Committee of three members headed by a Chairman Shri K. Hiriyanna, Deputy Secretary to the Government, Department of Personnel and Administrative Reforms, Karnataka Government.
Consequent to revision of pay scales to a higher scale, the petitioners shall also be entitled to all the companysequential benefits including difference of salary from 1.1.1977.
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.
Being aggrieved against the said judgment and order of the learned Single Judge dated October 29, 1998, the State of Karnataka through the Secretary, Department of Education, filed writ appeals under Section 4 of the Karnataka High Court Act, praying for setting aside the order of the learned Single Judge.
The said appeals were disposed of by the Division Bench on 18th April, 1990 in the following terms 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.
However, the revised pay scales were number paid to those petitioners whose petitions were allowed by the learned Single Judge.
All the companytentions of both sides are left open.
Lokeshwar Singh Panta, J. This batch of 41 appeals arising out of the companymon judgment and order dated 8th March, 2000 passed by the High Court of Karnataka at Bangalore in Writ Appeal Nos.
