IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14783 of 2009(P)
1. RACHEL THOMAS, LECTURER SELECTION GRADE,
... Petitioner
2. ROSSAMMA SEBASTIAN, LECTURER SELECTION
3. MARY P.U., LECTURER SELECTION GRADE,
4. ABRAHAM KURIAKOSE, LECTURER SELECTION
5. THOMAS ABRAHAM,
6. LINCYKUTTY PHILIP,
7. ANNIE M.VARGHESE, LECTURER SELECTION
8. MARY JACOB, LECTURER SELECTION GRADE,
9. JOSEPH P.C., LECTURER SELECTION GRADE,
10. MARIAMMA M.KURIAN,
11. DR.KRISHNAKUMARI T.,
12. VIMALA ANNA JACOB,
13. JIJI THOMAS, LECTURER SENIOR GRADE,
14. GEORGE K.P., LECTURER SELECTION GRADE,
15. GEORGE K.P.,
16. DR.P.T.SAINUDEEN,
17. DR.GOPALAN NAIR K.
18. BOBY A.,
19. MATHEW JOSEPH M.,
Vs
1. UNION OF INDIA,
... Respondent
2. UNIVERSITY GRANTS COMMISSION,
3. GOVERNMENT OF KERALA,
4. DEPUTY DIRECTOR OF COLLEGIATE
5. ST.MARY'S COLLEGE, MANARCADU,
For Petitioner :SRI.K.M.KURIAN
For Respondent :SRI.S.KRISHNAMOORTHY, CGC
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :21/08/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) Nos.14783, 15250, 17862
& 22008 OF 2009
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Dated this the 21st day of August, 2009.
J U D G M E N T
In all these writ petitions, the petitioners are Selection
Grade Lecturers in different Departments in various Colleges.
Since the issue raised is common, all these writ petitions are
disposed of by a common judgment.
2. The benefit of Exhibit P1 scheme as well as the
extension of benefit to similarly placed petitioners in Exhibits P2
to P4 judgments are sought for by the petitioners. The U.G.C
scale of pay has been implemented by the Government of India
with effect from 01.01.1986. That was later implemented by the
State Government though its notification dated 13.03.1990.
Thereafter, going by Exhibit P1 dated 21.12.1999, the U.G.C
scheme 1998 was brought into force. It is the case of the
petitioners that going by the scheme, it was implemented from
the revised date that is 27.07.1998.
W.P.(C) No.14783/09 & conn. cases 2
3. The petitioners have been granted Selection Grade
subsequent to 01.01.1996 on various dates. They are claiming
the benefit of scale of pay of Rs.14,940/- on completion of five
years in the Selection Grade.
4. In Exhibit P2 judgment of this Court, which was in
respect of 72 Lecturers who were similarly placed, it was held
that the benefit was liable to be granted to the petitioners
therein. Exhibit P3 is the judgment of a Division Bench of this
Court in Writ Appeal No.1881/2008 and connected cases.
Following the said judgment, in Exhibit P4, a learned Single Judge
of this Court has also issued directions in the matter.
5. Going by the judgments Exhibits P3 and P4, the
petitioners who were Lecturers on 01.01.1996 and who were
subsequently placed in the Selection Grade after 01.01.1996 will
be entitled to have their pay fixed at Rs.14,940/- in the scale of
pay of Rs.12000-420-18300 on completion of five years service
as Selection Grade Lecturers.
6. The University Grants Commission is the 2nd respondent
W.P.(C) No.14783/09 & conn. cases 3
in these writ petitions. A statement has been filed by the learned
standing counsel appearing for the U.G.C. Mainly it is contended
that the scheme provides for a cut off date as 01.04.2000
whereby the entire liability on account of revision of pay scales
etc. will have to be taken over by the State Government. It is
therefore, submitted that the Central Government and the U.G.C
cannot be saddled with any liability as far as the persons like the
petitioners are concerned.
7. Heard the learned counsel for the petitioners Sri.K.M.
Kurian, Sri.S.Krishnamoorthy, learned standing counsel for the
U.G.C and the learned Government Pleader appearing for the
State.
8. It is vehemently contended by Sri.S.Krishnamoorthy,
standing counsel for the U.G.C that the liability of the Central
Government cannot be extended before 01.04.2000 and
therefore, no direction could be issued against the Central
Government and the U.G.C in the matter. This aspect is
disputed by the learned Government Pleader who submitted that
W.P.(C) No.14783/09 & conn. cases 4
going by the directions issued by this Court earlier also, such a
position was not accepted. Whatever that be, the said contention
need not refrain this Court from issuing appropriate directions in
the matter.
9. After referring to the contentions of the respective
parties, it was held in paragraph 4 of Exhibit P3 judgment in
W.A.No.1881/08 thus:
“……..We make it clear that since the scheme itself
has been introduced only with effect from 01.01.1996,
even in the case of those teachers who had completed five
years prior to 01.01.1996, they will be entitled to the scale
of pay of Rs.14,940/- only with effect from 01.01.1996.
Those teachers who were Lecturers as on 01.01.1996 and
who were subsequently placed in the Selection Grade after
01.01.1996, they will be entitled to draw the scale of pay
of Rs.14,940/- on completion of five years in the Selection
Grade”.
10. The operative portion of Exhibit P4 judgment in W.P.(C)
No.18781/2008 reads as follows:
“In view of Ext.P7 judgment, I dispose of this
writ petition with a direction that those among the
petitioners who were Lecturers as on 1.1.1996 and
W.P.(C) No.14783/09 & conn. cases 5
who were subsequently placed in the Selection
Grade after 1.1.1996 will be entitled to have their
pay fixed at Rs.14,940/- in the scale of pay of
12000-420-18300 on completion of five years
service as Selection Grade Lecturers. The
competent authority among the respondents 3 to 9
shall disburse the consequential benefits to the
petitioners within a period of four months from the
date of receipt of a certified copy of this judgment.
Respondents 1 and 2 shall make available to the
State Government their share of their contribution if
it has not so far been made available, within two
months from the date of receipt of a request in that
regard from the State Government”.
Therefore, it is declared that those among the petitioners
who were Lecturers as on 01.01.1996 and who were
subsequently placed in the Selection Grade after 01.01.1996 will
be entitled to have their pay fixed at Rs.14,940/- on completion
of five years service as Selection Grade Lecturers. The Deputy
Director of Collegiate Education will verify the individual
particulars relating to the petitioners and take appropriate action
in the matter so that the amount could be disbursed within a
period of three months from the date of receipt of a copy of this
W.P.(C) No.14783/09 & conn. cases 6
judgment. I am not finally pronouncing anything on the
contention raised by the learned standing counsel for the U.G.C
that the liability of the Central Government cannot be extended
before 01.04.2000 especially since it is a matter between the
State Government and the Central Government.
These writ petitions are disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp