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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
| Table of Content |
|---|
| 1. writ appeal filed against single judge's decision (Para 1 , 2) |
| 2. writ petition challenges government orders regarding pay scale (Para 3 , 4) |
| 3. contentions regarding qualifications and pay scale eligibility (Para 5 , 6 , 7) |
| 4. arguments regarding rights to ugc pay scale based on qualifications (Para 8 , 9) |
| 5. analysis of ugc regulations and exemptions for m.phil holders (Para 11 , 12 , 13 , 14) |
| 6. findings on exemption and rights to pay scale based on qualifications (Para 15 , 17 , 18) |
| 7. clarification on benefits extended to similarly situated teachers (Para 19 , 20) |
| 8. entitlement to ugc pay scale confirmed based on qualifications (Para 21) |
| 9. conclusion on dismissal of writ appeal and directions for relief (Para 22) |
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. B
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 affirmed that Librarians are not exempt from UGC qualification requirements for pay revisions, emphasizing adherence to prior judgments.
The court ruled that pay fixation withdrawals without due process are illegal, affirming the right to UGC pay scales for petitioners who had exercised their options in accordance with earlier judgmen....
Qualifications for lecturer appointments must be met at the time of appointment, and later-acquired qualifications do not retroactively qualify an individual.
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