The KARNATAKA REGULATION OF PAY AND PENSION OF TEACHER IN HIGHER EDUCATIONAL INSTITUTIONS ACT, 2020
Karnataka · state statute
Open in Lexace · Ask the AI about this actKARNATAKA ACT NO. 06 OF 2020
THE KARNATAKA REGULATION OF PAY AND PENSION OF TEACHER IN
HIGHER EDUCATIONAL INSTITUTIONS ACT, 2020
Arrangement of Sections
Sections:
1. Short title and Commencement
2. Definitions
3. Regulation of pay and allowances of a teacher
4. Regulation of pension and pensionary benefits of a teacher
5. Revision of Pension of a Teacher
6. Validation of Proceedings and extinguishment of claims
7. Review
8. Delegation of powers
9. Powers of the Government to give directions
10. Protection of action taken in good faith
11. Power to remove difficulties
12. Over riding effect
13. Power to make rules
14. Transitory provisions
15. Repeal and Savings
STATEMENT OF OBJECTS AND REASONS
Act 06 of 20 20.- It is considered necessary to regulate pay, pension
and pensionary benefits admissible to the teacher working in Government
Colleges, Universities established by law and in Government aided Higher
Educational Institutions under the control of the State Government.
Whereas under the provisions of Article 309 of the Constitution of
India and under Entries 14, 32 and 41of List II and under Entry 25 of List
III of the Seventh Schedule to the Constitution of India, the Legislature of
the State may by law regulate the conditions of service of persons appointed
to public services and posts in connection with the instrumentalities of the
State of Karnataka:
Whereas a teacher in Higher Educational Institutions drawing
UGC/AICTE/ICAR or modified AICTE pay scales are employed by the State
Government or aided Colleges or institutions appointed to officiate in a post
is entitled to draw the presumptive pay of that post and the pension and
pensionary benefits of such teacher is determined with reference to the
applicable Rules / orders governing grant of pension at the time of
retirement or superannuation or death as the case may be.
2
Whereas the retired teacher of UGC/ICAR/AICTE or modified AICTE
Pay Scales are on par with the rest of the State Government pensioners for
the purpose of pension and pensionary benefits. Further, it is also an
established policy of the State Government that the pension and pensionary
benefits of teachers and equivalent cadre staff on UGC/ICAR/AICTE or
modified AICTE scales of pay working in institutions maintained and aided
by State Government shall be determined as per the Rules of the State
Government. The cut-off date in respect of revision of pay and pension is
decided taking into consideration the huge financial implications of pay
revision and other relevant factors like Central Government financial
assistance, if any, etc.,
Whereas, as a matter of precedent policy the pension of the retired
teachers who retired prior to the cut-off date of the subsequent pay revision
is subjected to further revision, as and when the corresponding revision of
pay scales are effected as per decision of the State Government.
Whereas, the Karnataka State Higher Education Council is an
Advisory body to the State Government regarding Academic matter
pertaining to Higher Education and no power is given to the said Council
under the Karnataka State Higher Education Council Act, 2010 (Karnataka
Act No.26 of 2010) to recommend or advice on revision of pay or pension to
teachers of Higher Educational Institutions. Any adviseor suggestion by the
council is not binding on the State Government.
Whereas the Government in Order dated: 24.07.2015 rejected the
recommendation of the Karnataka State Higher Education Council to extend
the 2006 UGC pay scale prior to 01.01.2006 retirees. This was challenged in
the Hon’ble High Court of Karnataka in Writ Petition No. 775-787/2015 (S-
R). Allowing the said writ petition, the Hon’ble High Court of Karnataka has
observed as follows namely;-
“The State is required to demonstrate that the case of the
petitioners falls under Category II as enunciated by their Lordships
in V.Kasturi (supra). The meaning of the words “permissible in
law” in this context means the inherently differentiable separate
classification in law, projected as Category II in V. Kasturi (supra).
The State has failed to point out that the fixing of cut-off date was
inherently permissible under a specific provision of Law. No
justifiable reason or rationale in fixing the cut-off date is provided
by the State, except pointing out to the effective date fixed in the
Government Order dated: 24.12.2009 of Government of India and
communicated dated: 11.03.2010, issued by the Ministry of
Human Resources Development. The artificial classification by
fixing a cut-off date is nothing but creating a class with a class,
which is not permissible. The law laid down in Nakara (supra) that
the object sought to be achieved was not to create a class within a
3
class, but to ensure that the benefits of pension were made
available to all persons of the same class, continues to hold the
field even to this date. The artificial classification sought to be
made by the State does not satisfy the test of Article 14.”
Whereas, the Hon’ble Supreme Court of India in the matter of
B.J.Akkara and Ors. V/s GOI&Ors. [(2006) 11 SCC 709] has enunciated
certain well settled principles of fixation of pension and grant of pension,
accordingly all retirees retiring with a particular rank do not form a single
class for all purposes. Pensioners who retired with same rank need not be
given identical pension where the average reckonable emoluments at the
time of retirement were different in view of the difference in pay or in view of
different pay scales being in force. The principles enunciated by the Hon’ble
Apex Court in the above case is in accordance with the policy of the State as
well.
Whereas, in Jagdish Prasad Sharma and others v/s State of Bihar and
others reported in (2013) 8 SCC 633, the Apex Court has categorically held
that UGC regulations are not automatically binding on the State since the
plenary power of the State cannot be curtailed by such regulations even
though the UGC regulations have statutory force. In the present fact
situation comes within the ambit of State policy and the policy decision of
the State Government not to extend the revised pensionary benefits to
teachers who have retired prior to 01.01.2006 is incompliance with the dicta
in Jagdish Prasad Sharma.
Whereas, the Central Government in the letter dated:11.03.2010 had
indicated that, it was not mandatory for State Government to give the
benefit of revision of pension structure as contemplated in letter
dated:11.03.2010 to the teachers of State Universities and Colleges on UGC
pay scales, who retired prior to 01.01.2006 and as such, as per the
discretionary powers vested in State Government it was decided not to give
benefit vide letter dated:11.03.2010 of Government of India.
Whereas, the Hon’ble Supreme Court of India in the matter of Union
of India v/s S.Thakur [(2009) (1) SCC (L&S)329] has held that ‘ it is the
function of the executive to decide on the admissible revised pay scale and
scope of judicial review of such an administrative decision is very limited’.
Further, the Hon’ble Apex Court in the case of Union of India V/s Maniklal
Banerjee [2006 SCC (L&S) 1959] has held ‘that fixation of cutoff date based
upon the financial implication is relevant factor while revising the pay scale’.
Whereas, grant of pension or determination of pension retrospectively
based on the subsequent revision of pay scales is against the policy of the
State and against the rules framed by the State Government. Any decision to
grant enhanced pension retrospectively based on the subsequent revision of
pay scale is not the policy of the State Government. Teachers ceased to be
in service as on the date of subsequent revision of pay scale constitute a
4
separate class by themselves. They cannot be equated with teachers whose
pay has been revised subsequently. Further, it involves payment of large
sums of money and it will be a huge financial burden to the State
Exchequer.
And whereas it is necessary and expedient to clear the ambiguity in
fixation of pension and grant of pension ary benefits to the teacher, who has
retired before revision of UGC/ICAR/AICTE or modified AICTE scales of pay:
Since, the matter was urgent and both the houses of the State
Legislature were not in session, the Karnataka Regulation of Pay and
Pension of Teachers in Higher Educational Institutions Ordinance, 2020
(Karnataka Ordinance No.1 of 2020) was promulgated to achieve the above
object.
This Bill seeks to replace the said Ordinance.
Hence the Bill.
[L.A. Bill No. 10 of 2020, File No. Samvyashae 07 Shasana 2020]
[entry 32 and 41 of List II and under Entry 25 of list III of the Seventh
Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra- ordinary No. 145 in part-IV dated:
22.04.2020]
5
KARNATAKA ACT NO. 06 OF 2020
(First Published in the Karnataka Gazette Extra-ordinary on the 22nd day of April, 2020)
THE KARNATAKA REGULATION OF PAY AND PENSION OF TEACHER IN
HIGHER EDUCATIONAL INSTITUTIONS ACT, 2020
(Received the assent of the Governor on the 21st day of April, 2020)
An Act to regulate pay, pension and pensionary benefits admissible to
the teacher working in Government Colleges, Universities established by law
and in Government aided Higher Educational Institutions under the control
of the State Government.
Whereas under the provisions of Article 309 of the Constitution of
India and under Entries 14, 32 and 41of List II and under Entry 25 of List
III of the Seventh Schedule to the Constitution of India, the Legislature of
the State may by law regulate the conditions of service of persons appointed
to public services and posts in connection with the instrumentalities of the
State of Karnataka:
Whereas a teacher in Higher Educational Institutions drawing
UGC/AICTE/ICAR or modified AICTE pay scales are employed by the State
Government or aided Colleges or institutions appointed to officiate in a post
is entitled to draw the presumptive pay of that post and the pension and
pensionery benefits of such teacher is determined with reference to the
applicable Rules / orders governing grant of pension at the time of
retirement or superannuation or death as the case may be.
Whereas the retired teacher of UGC/ICAR/AICTE or modified AICTE
Pay Scales are on par with the rest of the State Government pensioners for
the purpose of pension and pensionery benefits. Further, it is also an
established policy of the State Government that the pension and pensionery
benefits of teachers and equivalent cadre staff on UGC/ICAR/AICTE or
modified AICTE scales of pay working in institutions maintained and aided
by State Government shall be determined as per the Rules of the State
Government. The cut-off date in respect of revision of pay and pension is
decided taking into consideration the huge financial implications of pay
revision and other relevant factors like Central Government financial
assistance, if any, etc.,
Whereas, as a matter of precedent policy the pension of the retired
teachers who retired prior to the cut-off date of the subsequent pay revision
is subjected to further revision, as and when the corresponding revision of
pay scales are effected as per decision of the State Government.
Whereas, the Karnataka State Higher Education Council is an
Advisory body to the State Government regarding Academic matter
pertaining to Higher Education and no power is given to the said Council
under the Karnataka State Higher Education Council Act, 2010 (Karnataka
Act No.26 of 2010) to recommend or advice on revision of pay or pension to
6
teachers of Higher Educational Institutions. Any advise or suggestion by the
council is not binding on the State Government.
Whereas the Government in Order dated: 24.07.2015 rejected the
recommendation of the Karnataka State Higher Education Council to extend
the 2006 UGC pay scale prior to 01.01.2006 retirees. This was challenged in
the Hon’ble High Court of Karnataka in Writ Petition No. 775-787/2015 (S-
R). Allowing the said writ petition, the Hon’ble High Court of Karnataka has
observed as follows, namely;-
“The State is required to demonstrate that the case of the
petitioners falls under Category II as enunciated by their Lordships
in V.Kasturi (supra). The meaning of the words “permissible in
law” in this context means the inherently differentiable separate
classification in law, projected as Category II in V. Kasturi (supra).
The State has failed to point out that the fixing of cut-off date was
inherently permissible under a specific provision of Law. No
justifiable reason or rationale in fixing the cut-off date is provided
by the State, except pointing out to the effective date fixed in the
Government Order dated: 24.12.2009 of Government of India and
communicated dated: 11.03.2010, issued by the Ministry of
Human Resources Development. The artificial classification by
fixing a cut-off date is nothing but creating a class with a class,
which is not permissible. The law laid down in Nakara (supra) that
the object sought to be achieved was not to create a class within a
class, but to ensure that the benefits of pension were made
available to all persons of the same class, continues to hold the
field even to this date. The artificial classification sought to be
made by the State does not satisfy the test of Article 14.”
Whereas, the Hon’ble Supreme Court of India in the matter of
B.J.Akkara and Ors. V/s GOI&Ors. [(2006) 11 SCC 709] has enunciated
certain well settled principles of fixation of pension and grant of pension,
accordingly all retirees retiring with a particular rank do not form a single
class for all purposes. Pensioners who retired with same rank need not be
given identical pension where the average reckonable emoluments at the
time of retirement were different in view of the difference in pay or in view of
different pay scales being in force. The principles enunciated by the Hon’ble
Apex Court in the above case is in accordance with the policy of the State as
well.
Whereas, in Jagdish Prasad Sharma and others v/s State of Bihar and
others reported in (2013) 8 SCC 633, the Apex Court has categorically held
that UGC regulations are not automatically binding on the State since the
plenary power of the State cannot be curtailed by such regulations even
though the UGC regulations have statutory force. In the present fact
situation comes within the ambit of State policy and the policy decision of
7
the State Government not to extend the revised pensionary benefits to
teachers who have retired prior to 01.01.2006 is in compliance with the
dicta in Jagdish Prasad Sharma.
Whereas, the Central Government in the letter dated:11.03.2010 had
indicated that, it was not mandatory for State Government to give the
benefit of revision of pension structure as contemplated in letter
dated:11.03.2010 to the teachers of State Universities and Colleges on UGC
pay scales, who retired prior to 01.01.2006 and as such, as per the
discretionary powers vested in State Government it was decided not to give
benefit vide letter dated:11.03.2010 of Government of India.
Whereas, the Hon’ble Supreme Court of India in the matter of Union
of India v/s S.Thakur [(2009) (1) SCC (L&S)329] has held that ‘ it is the
function of the executive to decide on the admissible revised pay scale and
scope of judicial review of such an administrative decision is very limited’.
Further, the Hon’ble Apex Court in the case of Union of India V/s Maniklal
Banerjee [2006 SCC (L&S) 1959] has held ‘that fixation of cutoff date based
upon the financial implication is relevant factor while revising the pay scale’.
Whereas, grant of pension or determination of pension retrospectively
based on the subsequent revision of pay scales is against the policy of the
State and against the rules framed by the State Government. Any decision to
grant enhanced pension retrospectively based on the subsequent revision of
pay scale is not the policy of the State Government. Teachers ceased to be
in service as on the date of subsequent revision of pay scale constitute a
separate class by themselves. They cannot be equated with teachers whose
pay has been revised subsequently. Further, it involves payment of large
sums of money and it will be a huge financial burden to the State
Exchequer.
And whereas it is necessary and expedient to clear the ambiguity in
fixation of pension and grant of pensionery benefits to the teacher, who has
retired before revision of UGC/ICAR/AICTE or modified AICTE scales of pay:
Be it enacted by the Karnataka State Legislature in the seventy
first year of the Republic of India, as follows:-
1. Short title and Commencement.-(1) This Act may be called the
Karnataka Regulation of Pay and Pension of Teachers in Higher Educational
Institutions Act, 2020.
(2) Section 2,3,4,5,6 and 12 shall be deemed to have come into force
with effect from 1
st January 1986 and remaining provisions shall come into
force with effect from 17th January, 2020.
8
2. Definitions.-(1) In this Act unless the context otherwise requires;-
(i) “AICTE” means the All India Council for Technical Education
constituted under All India Council for Technical Education Act,
1987 (Central Act 52 of 1987);
(ii) “College” means any college or an institution maintained or
approved by or affiliated to any University or constituent college
of the University and providing courses of study for admission
to the examination of the University and includes Autonomous
College either under the control of State or funded either
substantially or partially by the State Government and includes
Government/Aided Colleges and Polytechnic Institutions;
(iii) “Competent Authority” means the State Government or any
other authority competent to make orders as to regulation of
pay and pension of the teachers in Government Colleges,
Universities or aided institutions;
(iv) “Government” means the Government of Karnataka;
(v) “Higher Educational Institutions” means an Academic
Institution of Highe r Education and Research Associated with
and admitted to privileges of a University or maintained by a
University; whether professional, technical or otherwise and
includes research studies or an institution or a college affiliated
to the University, aided institutions and State funded
institutions;
(vi) “ICAR” means Indian Council of Agricultural Research;
(vii) “Pay” means the basic pay attached to the post and carries the
same meaning assigned in clause (32) ofrule 8 of the Karnataka
Civil Services Rul es but does not include Non-Pension
Allowance(NPA) and other special allowance granted under
relevant provisions of UGC/ICAR/AICTE or modified AICTE as
the case may be;
(viii) “Pension” means the pension as defined in clause (33) of rule 8
of the Karnataka Civil Services Rules or respective rules or
orders governing grant of pension issued by the Competent
Authority;
(ix) “Prescribed” means prescribed by rules made by the
Government;
(x) “Principal” means the head of a college or institution by
whatever name he is called;
(xi) “Teacher” means a person appointed to any of the category of
teaching posts such as Professor, Associate Professor, Assistant
Professor, Lecturer, Librarians, Reader or Physical Education
Personnel by whatever name called and includes all personnel
including Principal or Head of the Institution holding post
9
carrying pay scale of UGC/ICAR/AICTE or modified AICTE
respectively in Higher educational Institutions.
(xii) “UGC” means University Grants Commission established under
University Grants Commission Act, 1956 (Central Act 03 of
1956); and
(xiii) “University” means an University established by law of the
State Legislature.
(2) Words and expressions used in this Act but not defined
hereinabove shall have the same meanings as respectively assigned to them
under the Karnataka Civil Services Rules and applicable Pension rules or
Orders.
3. Regulation of pay and allowances of a teacher.-(1) Subject to
such rules as may be prescribed a teacher is entitled to draw the pay and
allowances attached to a post to which he is regularly appointed.
(2) The pay of a teacher shall be so regulated as per the Service rules
or Orders of the Competent Authority regulating the pay and allowances as
the case may be, but not under the provisions of regulations issued by the
Government of India or any other Central Government Institution
established by an Act of Parliament of India:
Provided that, the pay and allowances of any retired teacher, if he is
reappointed or appointed on consolidated pay or contractual agreement etc.,
shall be determined in accordance with the provisions of the applicable
Service Rules or Orders of the State Government and Statutes or rules made
by the respective Universities/Higher Educational Institutions governing
contractual appointment or under any agreement entered either by the State
Government or Higher Educational Institutions as the case may be.
4. Regulation of pension and pensionary benefits of a teacher.- (1)
Subject to such rules as may be prescribed the pension and pensionary
benefits of a teacher shall be determined with reference to the last pay
drawn immediately prior to the date of retirement or superannuation or
death, as the case may be, subject to maximum limit, if any, in accordance
with the provisions of the Karnataka Civil Services Rules or Triple Benefit
Scheme Rules read with the applicable Pension Rules and Orders as the
case may be, if any, issued by the Competent Authority from time to time.
(2) The pension and pensionary benefits once determined shall not be
subject to revision unless the pay of the retired teacher is revised
retrospectively either by a rule or order of the Competent Authority
extending the benefit of revised pay scales retrospectively subject to the
conditions imposed in the said Order or rules:
Provided that, a retired teacher is entitled, to get revision of pension or
pensionary benefits as per section 5.
10
5. Revision of Pension of a Teacher.- (1) A teacher shall be entitled
for revision of pension corresponding to which has been already settled, as
and when State Government revises pension as per recommendation of the
Pay Commission or Committee from time to time and same is adopted by
the Higher Educational institutions.
(2) On revision of pay scale, a retired teacher whose pension is settled
as per sub-section (1) of section 4 shall not be entitled for revision of his last
pay drawn, in new revised pay scale, which is extended only to a teacher
retired after implementation of revised scales of pay.
6. Validation of Proceedings and extinguishment of claims.-
Notwithstanding anything contained in any judgment, decree or order of any
Court, Tribunal or Authority or any Law for the time being inforce,-
(a) any rule, order or notification made or issued by the
Competent Authority regulating pay, pension and pensionary benefits
of a teacher regarding UGC/ICAR/AICTE or modified AICTE scale of
pay before the commencement of this Act to the extent they are not
contrary to the provisions of this Act; or any action done or taken by
the Competent Authority in accordance with the provisions of said
rules, order or notification shall be deemed to have been validly done
or taken under the provisions of this Act; and
(b) any relief regarding pension or pensionary benefits granted to any
person by any court contrary to the provisions of this Act shall stand
extinguished and any claim of a teacher for revision of pension, which has
already been settled by reckoning last pay drawn in pay scale prevailing
at time of superannuation or death for extending new revised pay scale
shall stand extinguished and accordingly,-
(i) no suit or other proceedings shall be maintained or
continued in any court against the Government by any
teacher claiming revision of pension on basis of new
revision in pay scales; and
(ii) no Court shall enforce any decree or order directing
revision of pay scales of a teacher and revision in pension
retrospectively.
7. Review.- The State Government may review the fixation of pay and
pension contrary to the provisions of the Service Rules applicable to the
teacher including cases of mistake of fact or law or ignorance of law, either
on its own or by an application and may direct the competent authority to
re-fix the pay or pension or both in accordance with law. However, no
arrears shall be recovered if the fixation of pension relates back to five years
11
or more or if the State Government is satisfied that recovery causes undue
hardship to the pensioner.
8. Delegation of powers.- The State Government, may by
notification, delegate all or any of the powers conferred on it by or under
this Act, to such officer or authority subordinate to it except the power to
make rules under section 13.
9. Powers of the Government to give directions.-The Government,
subject to the provisions of this Act read with the applicable provisions of
the Service Rules governing regulation of pay and pension may issue
directions from time to time after ascertaining the legality of fixation of pay
and pension as it deems necessary.
10. Protection of action taken in good faith.- No suit, prosecution
or other legal proceeding shall lie against any officer of the Government for
anything done in good faith or intended to be done under this Act.
11. Power to remove difficulties.- (1) If any difficulty arises, in giving
effect to the provisions of this Act, the Government may, by order published
in the official Gazette, make such provisions not inconsistent with the
provisions of this Act, as may appear to be necessary or expedient for
removing the difficulty:
Provided that, no such order shall be made after the expiry of a period
of two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after
it is made, be laid before both houses of the State Legislature.
12. Over riding effect.-The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law
for the time being in force or decree or order of a Court or other authority.
13. Power to make rules.- (1) The Government may make rules, after
previous publication by notification, to carry out the purposes of this Act.
(2) Every rule made under this Act shall be laid as soon as may be
after it is made before each House of the State Legislature while it is in
session for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be,
12
so however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
14. Transitory provisions.-Any rule, order or notification issued by
the Competent Authority governing pay, allowances and pension of a teacher
before commencement of this Act, shall be deemed to have been issued
under this Act to the extent they are not repugnant to the provisions of this
Act and they shall continue until they are modified or rescinded by rules
made under provisions of this Act.
15. Repeal and Savings.- (1) The Karnataka Regulation of Pay and
Pension of Teachers in Higher Educational Institutions Ordinance, 2020
(Karnataka Ordinance No.1 of 2020) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken
under said Ordinance shall be deemed to have been done or taken under
this Act.
The above translation of ಕ��ಟಕ ಉ ನ� ತ ���ಕ �� � ಗಳ� � ��ಕರ
�ತನ ಮ �� ��� � �ತನದ � � ತ� ಣ ಅ��ಯಮ, 2020 ( 2020ರ ಕ ರ ್ ನಾ ಟ ಕ ಅ ಧ ಿನ ಿಯ ಮ
ಸ ಂ ಖ ್ ಯೆ: 06) be published in the official Gazette under clause (3) of
Article 348 of the Constitution of India.
VAJUBHAI VALA
GOVERNOR OF KARNATAKA
By Order and in the name of
the Governor of Karnataka,
(K. DWARAKANATH BABU)
Secretary to Government
Department of Parliamentary Affairs
and Legislation.
Lex