BENGALURU: The Karnataka High Court noted that those who retired before the revision of pay through the UGC scheme, which came into effect on January 1, 2006, are not entitled to a revision of their pension.
It said the Karnataka State Higher Education Council (KSHEC), being an advisor to the state in matters of education, cannot dictate terms of governing the service conditions, including the pension of retired employees, in the absence of any binding provision in the UGC scheme.
A division bench of Justices Anu Sivaraman and Umesh M Adiga passed the order while allowing an appeal filed by the state government questioning a single judge’s order dated March 22, 2019.
The petitioners before the single judge, who are retired professors and teachers from universities and colleges under the higher education and collegiate education departments, sought pension revisions in alignment with recommendations of the 6th Central Pay Scale Commission and the UGC pay scale.
The state government implemented revised pay scales and pensions in terms of the UGC pay scale by an order dated January 1, 2006. However, grievances arose concerning pension benefits for those who retired before January 1, 2006. The matter was referred to KSHEC for assessment.
The KSHEC considered these representations and recommended extending the revised pension benefits for those who retired before January 1, 2006, in parity with their counterparts who retired thereafter. The state government, citing financial implications, only partially addressed these recommendations.
The petitioners then approached the single judge with a prayer to enforce uniform pension revisions. The single judge passed the order on March 22, 2019, directing the state government to disburse the revised pensions along with arrears in four equal installments, commencing June 1, 2019. The state government filed the appeal against the single judge’s order before the division bench, which allowed it.