The court ruled that the UGC pension scheme does not apply to retirees before 01.01.2006, and the State's decision to exclude them is reasonable and not arbitrary.

CAV JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This Writ Appeal is filed challenging the order dated 22.03.2019 passed by the learned Single Judge in W.Ps.No.775-787/2015 (S-R) c/w. W.Ps.No.49241- 49242/2015 (S-RES).

2. We have heard Shri. S.A. Ahmed, learned Additional Advocate General appearing for the appellants, Shri. P.S.Rajagopal, learned Senior counsel as instructed by Advocate Shri. Jayanth Dev Kumar, appearing for respondents No.1 to 13, Shri. Uday Holla, learned Senior counsel as instructed by Advocate Shri. Rajendra, appearing for respondents No.17 and 18, Shri. Rajendra Kumar Sungay, learned counsel appearing for respondents No.14 to 16, Shri. B.R. Prasanna, learned counsel appearing for respondent No.15, Shri. Aravind Sharma, learned counsel appearing for respondent No.19 and Shri. Venkata Satyanarayana, learned counsel appearing for respondent No.20.

3. It is submitted by the learned Additional Advocate General appearing for the appellants that the respondents being retired Professors and Teachers from Universities and Colleges under the Higher Education, Collegiate Education and counsels, sought pension revisions in alignment with the recommendations of the 6^th Central Pay Scale Commission and the UGC Pay Scale. The Government of Karnataka, by an order effective from 01.01.2006, implemented revised pay scales and pensions in terms of UGC Pay Scale. However, grievances arose concerning pension benefits for retirees before 01.01.2006 and referred the matter to the Karnataka State Higher Education Council (KSHEC) for assessment. The KSHEC considered these representations and recommended extending the revised pension benefits to pre 01.01.2006 retirees in parity with their counterparts who retired thereafter. The Government, citing financial implications, only partially addressed these recommendations.

4. It is further submitted that subsequently, the respondents filed W.Ps.No.775-787/2015 c/w W.Ps.No.49241-242/2015, seeking judicial intervention to enforce uniform pension revisions. The learned Single Judge, by order dated 22.03.2019, directed the Government to disburse the revised pensions along with arrears in four equal instalments, commencing from 01.06.2019. The judgment was based on the principle of rationality and parity between pre-01.01.2006 and post-01.01.2006 retirees. Aggrieved by the judgment and the financial burden, the Government opted to challenge the order of the learned Single Judge.

5. It is contended by the learned Additional Advocate General appearing for the appellant that while the Government had implemented the UGC pay scale revisions, extending parity to pre-01.01.2006 retirees posed significant fiscal challenges. This appeal emphasizes the Government's efforts to balance financial feasibility with equitable treatment of retirees, emphasizing that retrospective financial liability must be approached cautiously to avoid undue fiscal strain.

6. It is contended that the petitioners in W.Ps.No.775-787/2015 sought a direction to the Government of Karnataka for revising their pensions under the UGC Pay Scales effective from 01.01.2006. Similarly, the respondents in W.Ps.No.49241-242/2015 challenged Government Orders dated 24.12.2009, and 24.07.2015, which denied the