IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15939 of 2009(J)
1. DR.PHILO FENXIA, READER IN COMMERCE,
... Petitioner
2. SMT. RANI PAUL UKKAN, READER & HEAD
3. SMT. GRACYAMMA JOSEPH,
4. SMT. ALPHONSA K.T. LECTURER SELECTION
5. PHILOMENA MATHEW, LECTURER SELECTION
6. DR.ROSABELLA K. PUTHUR, READER IN
7. SMT. ANNIE JOSEPH K., LECTURER SELECTION
8. SMT. RANI M.G.,LECTURER SELECTION
9. DR.SR. ALPHONSA O.A., READER IN
10. SMT. PHILIMINA M.T.LECTURER SELECTION
11. EGY, T.PAUL,LECTURER, SELECTION GRADE
12. SMT. BEENA ANTO K. LECTURER SELECTION
13. SMT. JESSY PAUL LECTURER SELECTION
14. DR. JANCY DEVAY, LECTURER SELECTION
15. SMT. MARIAMMA N.K. LECTURER SELECTION
16. SMT. ALPHONSA A.K., LECTURER SELECTION
17. SMT. PEARLY SEBASTIAN CHITTILAPPILLY
18. DR. VALSA JOHN C,
19. SMT. SARALA JOYCE CHRISTOPHER,
Vs
1. UNION OF INDIA, MINISTRY OF HUMAN,
... Respondent
2. UNIVERSITY GRANTS COMMISSION, BEAHADUR
3. STATE OF KERALA, REP. BY PRINCIPAL
4. THE DIRECTOR OF COLLEGIATE EDUCATION,
5. THE DEPUTY DIRECTOR OF COLLEGIATE
For Petitioner :SRI.B.MOHANLAL
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.
---------------------------------------------
W.P.(C) Nos.15939 & 16781 OF 2009
---------------------------------------------
Dated this the 21st day of August, 2009.
J U D G M E N T
In these two writ petitions, the petitioners are Selection
Grade Lecturers and Readers in different Departments in different
Colleges. The detailed particulars of the petitioners have been
shown in the writ petitions itself.
2. The main relief sought for in the writ petitions is for a
direction to the respondents 3 to 5 to issue necessary orders by
fixing the pay of Rs.14,940/- when the petitioners complete five
years service in the Selection Grade, in the light of Exhibits P5
and P6 judgments of this Court wherein the said benefit has been
granted to similarly placed Selection Grade Lecturers.
3. The University Grants Commission is the 2nd respondent
in these writ petitions. Mainly it is contended that the U.G.C
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,
W.P.(C) No.15939 & 16781/09 2
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.
4. Heard the learned counsel for the petitioners, learned
Government Pleader and the learned standing counsel for the
U.G.C.
5. The mention need be made only in respect of the
directions in Exhibit P6 since it is a judgment in Writ Appeal
No.1394/2008 and connected cases. Paragraph 4 of the said
judgment reads as follows:
“……….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.
Since the petitioners are similarly placed, they are also entitled
for the said benefit.
W.P.(C) No.15939 & 16781/09 3
In the light of the fact that the petitioners are entitled for
the benefit, there will be a direction to the Deputy Director of
Collegiate Education to verify the particulars regarding the
petitioners and extend the benefit granted by this Court in
Exhibits P5 and P6 judgments to them within a period of three
months from the date of receipt of a copy of this judgment.
These writ petitions are disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp