IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31145 of 2003(G)
1. V.C.JOHN, LIBRARIAN GRADE IV,
... Petitioner
Vs
1. THE PRINCIPAL SECRETARY, FINANCE DEPT.,
... Respondent
2. THE DIRECTOR, COLLEGIATE EDUCATION,
3. THE DEPUTY DIRECTOR, OFFICE OF THE
4. THE PRINCIPAL ST.THOMAS COLLEGE,
5. THE ACCOUNTANT GENERAL,
For Petitioner :SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :28/05/2009
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No.31145 of 2003-G
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Dated this the 28th day of May, 2009.
JUDGMENT
The petitioner who is working as Librarian Grade IV in St. Thomas
College, Thrissur, is aggrieved by Ext.P4 by which his claim for Higher
Grade benefits in the category of Grade III Librarian was refused.
2. The petitioner is having the qualification of B.A. Degree and
Bachelor of Library Science from the Calicut University. He had
completed 10 years of service in the post of Librarian Grade IV and became
eligible for Higher Grade in the scale of Rs.5000 – 8150 with effect from
15.4.2000. Accordingly, a proposal was forwarded by the Principal which
was rejected by the third respondent. It was stated mainly that Higher
Grade can be given only in the scale of pay of Rs.4000 – 6090 in the
absence of promotion post of Librarian Grade III in the College. The
petitioner filed Ext.P3 representation before the Government. But it appears
that before that was disposed of, a letter was issued by the Deputy Director
of Collegiate Education to the Principal in the matter, which is under
challenge in this writ petition.
3. The first respondent has filed a counter affidavit stating that in the
wpc 31145/2003 2
absence of a post of Librarian Grade III in the College, the denial of benefit
of Higher Grade is justified.
4. Learned counsel for the petitioner submits that the view taken in
Ext.P4 is on a wrong interpretation of the Government Order. He invited
my attention to the First Statutes of the Calicut University to show that
Grade I, Grade II, Grade III and Grade IV Librarian posts have been
provided therein. In para 3 of the counter affidavit also, it is stated that the
qualification and method of appointment of Librarian Grades I to IV are
prescribed in the Calicut University First Statutes. It is pointed out by the
learned counsel for the petitioner that in other colleges the post of Librarian
Grade III has been sanctioned and therefore once there is a promotion post
in the line of promotion, going by the provisions of the pay revision orders,
Higher Grade benefits can be granted. It is pointed out that in certain other
writ petitions filed by similarly placed Grade IV Librarians who were
granted the benefits of Higher Grade, but which were objected later, this
court had directed the Government to take a decision in the matter.
5. Therefore, it is appropriate that the matter raised herein is
considered by the Government itself. In that view of the matter, Ext.P4 is
quashed. There will be a direction to the Government to pass appropriate
orders on Ext.P3 on its merits, after hearing the petitioner and the
wpc 31145/2003 3
management, within a period of three months from the date of receipt of a
copy of this judgment.
The writ petition is disposed of as above.
(T.R. Ramachandran Nair, Judge.)
kav/