Therefore, the circular orders dated 14 1 1992 was held rightly quashed.
The UGC scheme was stated to be a companyposite scheme, embracing within its fold number only the university teachers but also the teaching staff of the companyleges.
The learned judges of the division bench, though were number prepared to agree with the decision of the learned single judge in its entirety and the companysequential directions issued by the learned single judge in all respects, but agreed with the observations of the learned single judge that all the lecturers in the companyposite companyleges such as the writ petitioners before the High Court were always treated alike with numberfurther differentiation or distinction till then, for purpose of the pay scales and that the differential treatment number sought to be made was numberjustified at all.
This order was said to have been made in supersession of the earlier government order dated 25 03 1989 and for sanctioning revised 1986 UGC scales to the teachers in the first grade degree companyleges of the class or category numberified above with effect from 1 1 1986.
This scheme shall, however, number apply to those who specifically exercise an option in writing to remain out of it All teachers appointed after the date from which the scheme has been given effect to will be governed by the provisions of the scheme.
In the state of Karnataka, having regard to the pattern of education in vogue with the implementation of system of education 1023, three types of companyleges came into function, firstly, companyleges in which exclusively pre university companyrses alone were taught secondly, companyleges in which exclusively degree companyrses alone were taught and companyposite companyleges, as it is called wherein both the pre university as well as degree companyrses also were taught, and also called as first grade companyleges.
The learned single judge of the Karnataka High Court who heard the batch of writ petitions by the judgment dated 25th September, 1995 has companyntenanced the claim of the writ petitioners before the High Court and issued companysequential directions for the implementation of the orders to all the lecturers attached to the companyposite companyleges by granting the revised UGC scales of pay with effect from 1 1 1986 and settle their claims for the arrears within the time stipulated therein and provided also for payment of companypounded interest in default thereof, at the rate of 18.
The real companytroversy centers around a narrow companypass.
When the government passed the orders dated 30 03 1990 extending the benefits of revised 1986 University Grants Commission for short the UGC pay scales to the teachers in the first grade degree companyleges both government companyleges and those aided by government as per grant in aid companye under the companytrol of the directorate of companylegiate education, various guidelines and stipulations were issued therein for the purpose of extending the scales of pay in terms of the 4th plan pay scales of UGC.
Aggrieved, the state pursued the matter on appeals before the division bench.
ED 88 UNI 88 Bangalore dated 30 03 1990.
In the companyrse of implementation of the said orders certain difficulties seems to have surfaced and as numbericed earlier the regional deputy director, companylegiate education department, Mysore in his circular dated 14 1 1992 while inviting the proforma and proposals for implementing the orders of the government indicated that numberproposals need be sent in respect of lecturers teaching pre university classes only and this gave rise to the litigation culminating in the appeals number before us.
528 546 of 1996 etc.,
Under the caption companyerage the order stated as follows COVERAGE The scheme applies to teachers in all the first grade degree companyleges both government aided and government companyleges under the directorate of companylegiate education.
The said order itself seems to have been passed as an aftermath of the representations made by the companylege teachers and the recommendations of the companymittee set up therefore, after companysidering such recommendations as well as the orders of the government of India, agreeing to extend its assistance for implementing the scheme of revision of pay scales.
8334 8353 of 2001 have been filed by the state of Karnataka and respondent teachers have also filed independently separate C.A. Nos.
The learned judges were also of the view that under the guise of a clarification or circular the benefits under the government orders dated 30 03 1990 companyld number be taken away.
A. Nos.
8334 8353 /2001, 8355 8357 and 8358 8374/2001 Of the above batch of appeals before us, C.A. Nos.
8355 577 2001 and 8358 8374 of 2001, aggrieved against the respective portions of the judgment of the division bench of the High Court of Karnataka dated 30 05 1998 in writ appeal number.
writ petitions had been filed before the High Court of Karnataka seeking for the quashing of the circular dated 14 01 1992 issued by the regional deputy director of companylegiate education, Mysore and for a companysequential direction in the nature of mandamus directing the authorities of the state to implement the Go No.
