Pension should be based on Revised Pay if Pay Scales are retrospectively revised

The Kerala High Court has ruled that retired university teachers should get their pensions calculated based on the revised pay scale from 2006, not 2009. This means that even those who retired before the revision order was issued will benefit.

The court agreed with the Kerala Administrative Tribunal (KAT) that the government's decision to delay the pension revision was wrong. The court said that the law is clear - when pay is revised with effect from a past date, pensions should also be calculated from that date.

On May 7, 2011, the Kerala government issued an order revising the pay and allowances of college and university teachers who were paid according to the University Grants Commission (UGC) pay scale. This revision was to be effective from January 1, 2006, and would apply to those who retired on or after that date. This meant that their pensions would be calculated based on the revised pay scale.

However, the government later issued a clarification stating that the pension revision for UGC teachers would only be effective from July 1, 2009. This decision was challenged by the Kerala Administrative Tribunal (KAT), which argued that the government's decision was not justified and that the revised pay scale should be applied from 2006 onwards. The KAT contended that the government's decision was discriminatory and unfair to retired UGC teachers.

However, the High Court disagreed with this clarification. It said that there was no reason to delay the pension benefits for UGC teachers. The court ordered the government to pay the arrears to the affected teachers within four weeks.

This decision is a victory for retired university teachers in Kerala. It ensures that they get the pension benefits they are entitled to.