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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, VIJAYKUMAR A.PATIL
State of Karnataka – Appellant
Versus
R.S. Raju S/o Late G. Shivarudrappa – Respondent
JUDGMENT :
ANU SIVARAMAN, J.
1. Writ Appeal No.1774/2024 is preferred by the State against the judgment dated 21.07.2023 of the learned Single Judge in Writ Petition No.19006 of 2021 (S-RES) and C.C.C.No.126/2024 is filed alleging willful disobedience of the order. The parties are being referred to as arrayed in the Writ Appeal.
2. We have heard Shri. Mamatha Shetty, learned Additional Government Advocate for the appellants/State as well as Shri. Sridhar G. Bidre, learned counsel for Shri. Raghavendra G. Gayatri, learned Advocate for the respondents/complainants.
3. The writ petition was filed by the respondents challenging Annexure A, B and C orders dated 30.03.2021, 19.04.2021 and 08.07.2021, respectively, as being contrary to the Government order dated 28.03.2016. Directions are also sought by respondents No.2 and 3 to implement the Government order dated 28.03.2016 Vide ANNEXURE-NN by extending the UGC pay scale to the Petitioners from the date of acquiring M.Phil qualification as stated in the said Government order.
4. The writ petitioners were teachers, who were appointed in respondent No. 4-Institution when it was a Private Unaided Institution. While so, they completed their M.Ph
M.Phil holders prior to the 2009 UGC amendment are exempt from NET/SLET, entitling them to UGC pay scales dated back to qualification acquisition.
The denial of UGC scale of pay from the date of regularization based on unjust conditions is discriminatory, violating equal treatment under Article 14.
The court held that prior approval from the University eliminates the necessity for NET qualifications for pay scale considerations.
The court affirmed that Librarians are not exempt from UGC qualification requirements for pay revisions, emphasizing adherence to prior judgments.
Qualifications for lecturer appointments must be met at the time of appointment, and later-acquired qualifications do not retroactively qualify an individual.
Point of Law : Term “are exempted” used in the notification itself suggest that the benefits thereof would be applicable to the incumbents with requisite M.Phil degree serving as Lecturers though wit....
Judgment affirms the necessity of due process in employment, emphasizing that failure to provide a hearing before termination violates natural justice. UGC regulations' retrospective application prot....
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