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Judgment
B.S. Patil, J.—1. Petitioner retired as Principal of Basaveshwar Arts College, Bagalkot, on 31.05.1996 after attaining the age of superannuation. He had been extended UGC pay scale of the year 1986. The UGC pay scale was revised as per Government Order dated 15.09.1999. As per this pay scale, salary of the petitioner was fixed at Rs. 15,360/-. Petitioner''s pension was fixed based on the said revision of pay scale. Indeed, petitioner had earlier approached this Court making a grievance regarding non-extension of revised pay scales with effect from 01.01.1996 for the purpose of computation of his retiral benefits. The matter went up to the Apex Court.
The Apex Court vide its order dated 12.05.2006 held that if the State had taken a conscious decision to extend the benefit of UGC pay scale with effect from 01.01.1996 to the petitioner and other similarly placed persons allowing them to draw their pay and allowances in terms thereof, there was no reason why pensionary benefits be not extended to them from the said date. The Apex Court also found that the status of the petitioner was on par with the teachers of the Government college, and therefore, he cannot be deprived of his vested or accrued right to draw pension to the extent of 20% of the emoluments computed in terms of the rules with effect from 01.01.1996 as per Government Notification read with Rule 296 of the Karnataka Civil Services Rules (for short, ''the Rules'').
Thereafter, the Government, taking note of the various Government Orders, order of the Apex Court and as also the communication dated 11.12.2006 of the Accountant General, issued Government Order dated 08.02.2007 by modifying the earlier Government Orders and extending benefit of fixation of revised pension/family pension as contemplated in the Government Order No. FD(Spl.) 2 PET 99 dated 15.02.1999 and other monetary benefits to the teachers, librarians, physical education teachers of universities, aided regional engineering colleges and aided first grade colleges in the State who retired during the period from 01.01.1996 to 31.03.1998 stating thereby that the same shall be reckoned as emoluments for the purpose of Rule 296 of the Rules.
Based on this Government Order, petitioner claims that his pension ought to have been fixed at the rate of Rs. 11,905/- with effect from 01.04.1998, but it has been illegally fixed at Rs. 7,215/- calculating only 50% of the UGC pay as revised at Rs. 15,360/-, with effect from 01.06.1996.
Learned Counsel appearing for the petitioner has taken me through the Government Order dated 15.02.1999 produced at Annexure-A, Government Order dated 29.07.2000 produced at Annexure-B, Government Order dated 08.02.2007 produced at Annexure-N and the judgment of the Apex Court rendered in Special Leave Petition which has been made available for perusal of the Court.
Learned Additional Government Advocate has taken me through the statement of objections. It is contended by him that prior to the retirement, petitioner was drawing salary in UGC pay at Rs. 5,250/- in the pay scale of Rs. 3,700/- to Rs. 5,700/-. Subsequently, pay scale of the lecturers was revised with effect from 01.01.1996 and fixed in the pay scale of Rs. 12000-420-18300 and the pay of the petitioner was fixed at Rs. 15,360/-. Arrears of pay was also paid. However, pension of the petitioner was not revised as the same was not permitted vide Government Order dated 29.07.2000. Particular attention of the Court is invited to paragraph 27-A (1)(a) of the said Government Order. It was at this stage, aggrieved by the non-revision of pension as per the revised UGC pay scales, writ petitions were filed, in which, as already referred to above petitioner succeeded. The contention of the learned Additional Government Advocate is, that after the judgment of the Apex Court, keeping in mind the Government Orders issued from time to time, revised pension has been fixed at the rate of 50% of the basic pay, and therefore, petitioner cannot make any grievance in this writ petition. He, therefore, submits that writ petition being devoid of merits is liable to be dismissed. He has relied on the relevant Rule viz., Rule 296 of the Rules.
Upon hearing the learned Counsel for both parties, the question that falls for consideration is, the construction and understanding of the Government Order dated 08.02.2007 in the light of the previous Government Order dated 15.02.1999 and the judgment of the Apex Court rendered in the Special Leave Petition.
Annexure-A is the Government Order dated 15.02.1999. This pertains to (i) revision of pension/family pension of Government servants who retired or died while in service prior to 01.04.1998; (ii) Dearness Allowance as on 01.01.1996 sanctioned in G.O. No. FD(Spl.) 35 PET 96 dated 08.05.1996; (iii) 32.5% of basic pension/family pension as on 01.04.1998 inclusive of 20% interim relief sanctioned in G.O. No. FD(Spl.) 1 PET 98 dated 09.01.1998.
Consequent upon the revision of pension with effect from 01.04.1998, the consolidated rates of dearness allowance admissible to pensions with effect from 01.04.1998 and 01.07.1998 was also enumerated in the said Government Order. However, paragraph 6 of the said Government Order denied the benefit of the revised pension to the pensioners who were drawing, immediately before retirement, pay in the UGC, AICTE and ICAR scales of pay and who retired on or after 01.01.1996 and who had opted for central pattern of interim relief. Admittedly, UGC pay scale was applicable to the petitioner and he had retired after 01.01.1996. Therefore, as per paragraph 6 of the Government Order dated 15.02.1999, he was denied benefit of revised pension by consolidating basic pension, dearness allowance and 32.5% of basic pension, whereas, the other Government servants and other retired persons to whom UGC pay scale had not been extended had the benefit of such revised pension. Subsequently, by the Government Order dated 29.07.2000 which is produced at Annexure-B, it was stated that revised pay drawn in the UGC pay scales for the period from 01.01.1996 upto 31.03.1998 shall not be taken as emoluments for the purpose of pensionary benefits. As per Government Order dated 29.07.2000, in relation to teachers of Collegiate Education, a new paragraph 27-A was inserted. It reads as under:
"27-A: Revision of pensionary benefits.
(1) UGC scales as revised from 01.01.1996 have been linked to the index level of 1510 points in as much as the revised pay scale structured includes the DA admissible as on 01.01.1996 to the extent of 138% of basic pay. As on 01.01.1996, the pensionary benefits under the State Government had not been revised. The revised pay scales of the State Government employees came into force from 01.04.1998 by merging the DA as on 01.01.1996. The pensionary benefits were also simultaneously revised w.e.f. 01.04.1998. Therefore, the revised pay drawn in the UGC pay scales for the period from 01.01.1996 upto 31.03.1998 shall not be taken as emoluments for the purpose of pensionary benefits. Accordingly,
(a) In respect of teachers drawing UGC pay scales who have retired during the period from 01.01.1996 to 31.03.1998 they shall be eligible for the benefit of the fixation of pay and arrears under the revised UGC scales of pay only. There shall not be any change in their pensionary benefits with reference to the revised UGC pay and the retirement benefits already sanctioned in the pre-revised UGC pay scales will not under go any modifications. However, they shall be entitled to the benefit of fixation of revised pension/family pension as contemplated in G.O. No. FD (Spl.) 2 PET dated 15.02.1999 only w.e.f. 1st April, 1998. Para 6 of G.O. No. FD (Spl.) 2 PET 99 dated 15.02.1999 stand modified to this extent."
Subsequently, the Accountant General in his letter dated 11.12.2006 has communicated to the Government inter alia stating that as per the Government Order dated 15.02.1999 in respect of Government servants who retired/died prior to 01.04.1998, pension/family pension already sanctioned shall have to be consolidated with effect from 01.04.1998 reckoning (i) Basic pension/family pension as on 01.04.1998; (ii) Dearness Allowance as on 01.01.1996; (iii) extra 32.5% of basic pension/family pension. He made a request to the Government to re-examine the issue and communicate the views of the Government for taking further action regarding re-fixation of pensionary benefits of the categories of cases i.e., teachers, librarians, physical education teachers of universities, aided regional engineering colleges and aided first grade colleges in the State who had retired during the period from 01.01.1996 to 31.03.1998 and in respect whereof pensionary benefits had to be computed on the basis of 50% of the last pay drawn in terms of Rule 296 of the Rules.
In view of Accountant General''s observations and the clarifications sought by him, Government re-examined the matter and decided to modify the Government Order dated 29.07.2000 - Annexure-B and other Government Orders having relevance thereof. All this is evident from the preamble to the Government Order dated 08.02.2007 produced at Annexure-N. Now by the Government Order dated 08.02.2007, paragraph 6 of the Government Order dated 29.07.2000 was omitted and in modification of the Government Order dated 13.11.2006, it was ordered for extension of benefits of fixation of revised pension, family pension as contemplated in the Government Order dated 15.02.1999 and other monetary benefits to the teachers, librarians, physical education teachers of universities, aided regional engineering colleges and aided first grade colleges in the State, who retired during the period from 01.01.1996 to 31.03.1998. Therefore, what is apparent from the modification made by the Government Order dated 08.02.2007 is that Government extended the benefit of fixation of revised pension as was ordered vide Government Order dated 15.02.1999 to the teachers of which they had been deprived on account of an exception created in paragraph 6 of the Government Order dated 15.02.1999. It may be recalled here that paragraph 6 of the Government Order dated 15.02.1999 denied the benefit of revised pension and the consolidation for the purpose of arriving at revised pension to the teachers to whom UGC pay scale was applicable and who retired on or after 01.01.1996. This embargo was removed in the Government Order dated 08.02.2007 and the revision of pension was extended to the said class of persons as well.
Petitioner having retired after 01.01.1996 gets the benefit of the revised pension in terms of the Government Order dated 08.02.2007 read with Government Order dated 15.02.1999. The revised pension necessarily will have to include the basic pension, dearness allowance and 32.5% of basic pension as permitted while effecting revision vide Government Order dated 15.02.1999. However, the Government contrary to the terms of the Government Order dated 08.02.2007 has been contending that what the petitioner is entitled is for fixation of pension only at 50% of the basic pay which would be Rs. 7,215/-. This contention is untenable in the wake of the Government Order dated 08.02.2007.
Further, as regards the contention of the learned Additional Government Advocate that in view of Rule 296 of the Rules, ''emoluments'' will not include dearness allowance or 32.5% of the basic pension/family pension as on 01.04.1998, it has to be stated that though Rule 296 of the Rules does not refer to dearness allowance or any other component, but that does not mean that by an execute order Government cannot extend benefit of including such allowances in the emoluments by way of revision of pensionary benefits.
In the instant case, Government has issued such executive orders from time to time and as long as the benefit of the Government Order is available to the petitioner, he cannot be deprived of the same by referring to Rule 296 of the Rules. In fact, Rule 296 has also been mentioned and referred to in the Government Order dated 08.02.2009 at Clause 3. Hence, I do not find any substance in the contention of the respondents. Therefore, petitioner is entitled to succeed in this writ petition.
In the result, this writ petition is allowed. Impugned communication at Annexure-C is quashed. A direction is issued to respondents to extend the benefit of revised pensionary benefits in terms of the Government Order dated 08.02.2007 read with Government Order dated 15.02.1999 in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.