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In a significant ruling, the Supreme Court awards retroactive UGC pay scale benefits to two Physical Education instructors in Karnataka, defying a 2008 government order.
Keywords - Supreme Court, UGC pay scale, Karnataka Government, retroactive benefits, Physical Education instructors
In a landmark decision, the Supreme Court has upheld the right to retroactive UGC pay scale benefits for two retired Physical Education instructors, challenging the Karnataka Government's opposition. The ruling, issued on September 13, 203, grants these instructors the revised UGC pay scale, effective from January 1, 1996, despite a 2008 Karnataka Government Order (G.O) that attempted to limit the retroactive benefits from July 27, 1998.
The Court's decision was based on precedents set in earlier cases. Notably, a similarly situated individual had been granted the same benefit by the Karnataka High Court in 2009, a decision later affirmed by the Supreme Court. The State Government had not sought a review of this 2009 order, allowing it to become final. Furthermore, on January 7, 2014, the High Court extended similar relief to two librarians in circumstances akin to the appellants.
The appellants, retired Physical Education instructors in Government Colleges in Karnataka, had been denied the benefits of the revised UGC pay scale as per a Government Order dated November 15, 1999. The Karnataka Government later issued a circular in 2001, stating that certain categories of employees, including physical education instructors, would not receive the benefits retroactively, citing the 2008 G.O that advocated a prospective approach from July 27, 1998.
The Court's decision clarified that while this judgment applies to pending cases of similarly situated employees, it would not be extended to new cases filed by retired employees who had not challenged the actions taken against them thus far. In essence, this ruling brings justice to those who had previously been denied the retroactive benefits of the UGC pay scale, based on past decisions and the State Government's acquiescence to those decisions.
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