Pension Revision Not Applicable To UGC Retirees Who Retired Before 2006 Pay Revision: Karnataka Court

The Karnataka High Court in a recent judgement ruled that those who retired under the University Grants Commission (UGC) scheme before the 6th pay commission revision are not entitled to a pension revision. The pay revision came into effect on January 1, 2006. While hearing, Justices Anu Sivaraman and Umesh M Adiga allowed the state government’s appeal which questioned the previous order by a single judge bench.

The pension revision extension to pre-2006 retirees started when retired professors and teachers from colleges of higher education, collegiate departments, and universities, sought revision in their pension aligning with the 6th pay commission implemented by the central government and the UGC pay scale. 

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Note that once the pay commission recommends revisions in salary and pension, the state government follows it. Therefore, after the 6th commission recommendations, the state government also revised the pay scales and pension in accordance with the UGC pay scale rules. It implemented the revision through an order dated January 1, 2006.

However, those who retired before this date complained about not getting the benefit of a revised pension, and the matter was referred to the Karnataka State Higher Education Council (KSHEC). It is important to note here that the Council’s functions and responsibilities include academic matters, such as providing facilities for higher education, coordinating with different stakeholders, ideating schemes, and promoting social justice and academic excellence among several other functions.

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But when the matter was referred to KSHEC, it recommended extending pension revision to even those who retired before January 1, 2006, to maintain parity with others.

However, when the government did not implement it, the petitioners (retired professors and teachers) approached the court. On March 22, 2019, a single-judge bench ordered in favour of the petitioners and directed the government to extend pension revision to the pre-2006 retirees as well and also pay them arrears.

In response to this judgement, the state government filed an appeal before the division bench against the order passed by the single judge. The division bench allowed the appeal for hearing.

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The Court Judgement:

The division bench noted that the KSHEC only has an advisory role in the state for academic matters and has no authority to direct the government regarding service rules and conditions. It clarified that KSHEC recommendation to extend pension revision to pre-2006 retirees is not binding to the government.

The bench further noted that UGC is a composite scheme with pension and there is no separate proposition that a revision in pay from a particular date has to apply from an earlier date for pension, which in this case is for those who retired before January 1, 2006.