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2023 Supreme(SC) 860

ABHAY S. OKA, PANKAJ MITHAL
B. C. Nagaraj – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Charudatta Vijayrao Mahindrakar, AOR Mrs. Darshana Mahindrakar, Adv.
For the Respondent(s): Mr. Prateek K Chadha, A.A.G. Mr. V. N. Raghupathy, AOR Mr. Manendra Pal Gupta, Adv. Mr. Md. Apzal Ansari, Adv. Mr. Sreekar Aechuri, Adv. Ms. Pragya Ganjoo, Adv. Ms. Muskaan Singla, Adv.

JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. The appellants were employed initially as Physical Instructors in Government Grade Colleges in Karnataka. The first appellant reached the selection grade pay scale of the University Grants Commission (UGC) on 1st January 1986. The second appellant was granted senior scale of pay on 1st January 1986 and selection grade of pay from 13th July 1990. The first appellant was superannuated on 31st January 1998, and the second appellant was superannuated on 31st May 2004. Both, at the time of retirement, were selection grade Physical Education Directors in the State Government colleges.

2. On 15th November 1999, the State Government issued an order revising the pay scale of Teachers, Librarians and Physical Education Directors in the Government colleges. Under the said Government order, the benefit of the University Grants Commission (UGC) pay scales as revised from 1st January 1996 was granted to these three categories of employees with retrospective effect from 1st January 1996. On the same day, by a separate order, the benefit of the revised pay scale was granted to Teachers, Librarians and Directors of Education in the Government-aided colle


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