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2020 Supreme(Kar) 661
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.I. Arun, J.
B.D. Kantharaja - Appellant
Versus
State Of Karnataka - Respondent
Writ Petition No. 48582 of 2019
Decided On : 15-07-2020
University Of Mysore Rep By Its Registrar, Advocate, Mysuru, Advocate
The right to make a fresh representation and the obligation of the university to consider the representation and pass a reasoned order.
Headnote:
Physical Culture Instructor - Employment Dispute - Karnataka State Universities Act, 2000, Government Order dated 15.10.2009 - The court discussed the applicability of the Government order dated 15.10.2009, the change in nomenclature of the post, and the entitlement to UGC pay scale for the petitioner.
Fact of the Case:
The petitioner, a Physical Culture Instructor, sought extension of UGC pay scale and change in nomenclature of his post to Assistant Director of Physical Education. The 2nd respondent University rejected his request without providing detailed reasons.
Finding of the Court:
The court permitted the petitioner to make a fresh representation detailing his entitlement to the requested benefits, and directed the 2nd respondent University to consider the representation and pass a reasoned order within 3 weeks.
Issues: Applicability of Government order, entitlement to UGC pay scale, change in nomenclature, and age of superannuation.
Ratio Decidendi: The petitioner's right to make a fresh representation and the 2nd respondent University's obligation to consider the representation and pass a reasoned order.
Final Decision: The petitioner was permitted to make a fresh representation, and the 2nd respondent University was directed to consider the representation and pass a reasoned order within 3 weeks.
JUDGMENT
M.I.Arun, J. - The matter is taken up for final disposal with the consent of learned counsels for the parties.
2. The petitioner was appointed as a Physical Culture Instructor on a temporary basis in the 2nd respondent University on 06.01.1996. His services were continued on a temporary basis and the same was regularized and made permanent on 01.08.2006. The petitioner is having a degree in Master of Physical Education from the 2nd respondent University itself. As per the regulations of the university, the petitioner is supposed to retire at the age of 60 years.
3. As per the Government order dated 15.10.2009, the 1st respondent State has enhanced the age of superannuation of teaching community of universities drawing UGC Scales from the existing 60 years to 62 years. However, in respect of other teaching community the age of superannuation continues to be 60 years only.
4. The 2nd respondent University on 15.09.2011 has passed a statute wherein, the nomenclature of the post of Physical Culture Instructor in the Department of Physical Education is changed to that of Assistant Director of Physical Education. Regarding the applicability of the statute it is stated as mentioned hereunder.
"2) Applicability:
a) These Statues shall be applicable to only such of those Physical culture Instructors who possess minimum qualification of a Post Graduate Diploma or Certificate or a Degree in Physical Education and who are in the 1986 UGC Pay Scales and who are subsequently recruited with the minimum qualification prescribed by UGC from time to time.
b) From the date on which these statutes come in to force the nomenclature of the post of physical culture instructors shall stand ceased and henceforth it will be called as Asst. Director of Physical Education."
5. Similarly, regarding sanctioning the benefit of UGC pay scale, the 2nd respondent University has passed a statute making the same applicable to Physical Culture Instructors and it reads as mentioned hereunder:-
"2) Applicability:
a) These Statues shall be applicable to only such of those Physical culture Instructors who possess minimum qualification of a Post Graduate Diploma or Certificate or a Degree in Physical Education and who are in the 1986 UGC Pay Scales.
b) Who may be subsequently recruited with the minimum qualification prescribed by the UGC from time to time."
6. Based on the aforementioned amended statute, the petitioner made a representation to the 2nd respondent University wherein, he has sought for extension of UGC pay scale and also to change the nomenclature of the post held by him of Physical Culture Instructor to Assistant Director of Physical Education. The 2nd respondent University by its order dated 09.01.2017 has rejected the request made by the petitioner. However, the said order does not state in detail as to why his request has been rejected.
7. Challenging the impugned order dated 09.01.2017 of the 2nd respondent University, the petitioner has filed writ petition wherein, he has sought a writ of certiorari to set aside the said order dated 09.01.2017. He has further prayed for a writ of Mandamus directing the respondents to extend him the benefit of UGC pay scale which is prescribed for Assistant Director of Physical Education from the date of appointment till superannuation and also to extend his age of superannuation to 62 years in accordance with Government order dated 15.10.2009.
8. The 2nd respondent University has contended that firstly, the Government order dated 15.10.2009 is applicable to teachers and petitioner is not a teacher as per the provisions of Karnataka State Universities Act, 2000. It is further contended that even presuming he is a teacher, he is not drawing UGC pay scale and hence, the Government Order dated 15.10.2009 is not applicable to him. It is also contended that he has not brought out all the facts in his representation as to how the statutes of the university changing the nomenclature of Physical Culture Instructor t
