High Court Kerala High Court

Dr.C. Viswanathan vs The Union Of India on 8 April, 2009

Kerala High Court
Dr.C. Viswanathan vs The Union Of India on 8 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11958 of 2009(L)


1. DR.C. VISWANATHAN,
                      ...  Petitioner
2. DR.P.G. PRADEEP KUMAR,

                        Vs



1. THE UNION OF INDIA, REPRESENTED BY
                       ...       Respondent

2. UNIVERSITY GRANTS COMMISSION,

3. STATE OF KERALA, REPRESENTED BY THE

4. THE DIRECTOR OF COLLEGIATE EDUCATION,

5. THE MANAGER,

                For Petitioner  :SRI.ELVIN PETER P.J.

                For Respondent  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :08/04/2009

 O R D E R
                           P.N.RAVINDRAN, J.
                      -------------------------------------
              W.P.(C).Nos.11958, 12146 & 12174 of 2009
                      --------------------------------------
                           Dated 8th April, 2009

                                JUDGMENT

Heard Sri.Elvin Peter P.J. and Sri.J.Omprakash, the learned

counsel appearing for the petitioners, Sri.P.Parameswaran Nair, the

learned Assistant Solicitor General of India appearing for the Union of

India, Sri.S.Krishnamoorthy, the learned Standing Counsel appearing for

the University Grants Commission and Sri.T.T.Muhamood, the learned

Government Pleader appearing for the State of Kerala.

2. The petitioners are Selection Grade Lecturers working in

various aided colleges in the State of Kerala. Their grievance is that

though they have been placed in the Selection Grade with effect from

various dates after 1.1.1996, their request for fixation of pay at

Rs.14,940/= in the scale of pay of Rs.12000-420-18300 has not so far

been granted. The learned counsel appearing on either side agree that a

Division Bench of this Court has by Ext.P8 judgment delivered on

21.1.2009 in W.A.No.1394 of 2008 and connected cases held that those

Lecturers who were placed in the Selection Grade after 1.1.1996 will be

entitled to draw salary at the stage of Rs.14,940/= in the scale of pay of

Rs.12000-420-18300 on completion of five years in the Selection Grade.

In view of Ext.P8 judgment, the petitioners submit that they are not

WP(C).No.11958,12146 & 12174/2009 2

pursuing the other reliefs prayed for in these writ petitions and that

they will be satisfied if a direction similar to the one issued by this

Court in Ext.P8 judgment is issued in these cases also.

In view of Ext.P8 judgment, I dispose of these writ

petitions with a direction that those among the petitioners who were

Lecturers as on 1.1.1996 and 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 Rs.12000-420-18300 on

completion of five years service as Selection Grade Lecturers. The

competent authority among the respondents 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 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.

The writ petitions are disposed of as above.

P.N.RAVINDRAN
Judge

TKS