High Court Kerala High Court

Dr.Rosamma Mathew vs Union Of India on 23 November, 2009

Kerala High Court
Dr.Rosamma Mathew vs Union Of India on 23 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25166 of 2009(M)


1. DR.ROSAMMA MATHEW, W/O.T.V.SONY,
                      ...  Petitioner
2. DR.SHERLY KURIAN, W/O.E.T.KURIAN,

                        Vs



1. UNION OF INDIA, MINISTRY OF HUMAN
                       ...       Respondent

2. UNIVERSITY GRANTS COMMISSION,

3. STATE OF KERALA, REPRESENTED BY

4. THE DIRECTOR OF COLLEGIATE EDUCATION,

5. THE DEPUTY DIRECTOR OF COLLEGIATE

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  :SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :23/11/2009

 O R D E R
                      T.R. Ramachandran Nair, J.
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                     W.P.(C) No. 25166 of 2009-M
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             Dated this the 23rd day of November, 2009.

                                 JUDGMENT

The petitioners herein are working as Selection Grade Lecturers in the

Department of History, K.E. College, Mannanam. The details regarding

their service particulars are mentioned in para 2 of the writ petition. The

first petitioner entered service on 2.12.1986. She was awarded Senior

Scale on 1.4.2001 and Selection Grade/Reader on 6.12.2001. As regards the

second petitioner, the respective dates are 2.7.1987(date of entry), 28.6.1998

(Senior Scale) and 28.6.2001 (Selection Grade/Reader). The petitioners are

claiming the benefits of U.G.C. Scale. According to the petitioners,

lecturers who are placed as Selection Grade are liable to get their pay

fixed at the minimum of Rs.14,940/- as and when they complete five years

i the grade. They are relying upon Ext.P6 judgment rendered by a Division

Bench of this Court wherein, in para 4 it was held thus:

“We make it clear that since the scheme itself has been introduced

only with effect from 1.1.1996, even in the case of those teachers

who had completed five years prior to 1.11996, they will be

entitled to the scale of pay of Rs.14,940/- only with effect from

1.1.1996. Those teachers who were Lecturers as on 1.1.1996 and

wpc 25166/2009 2

who were subsequently placed in the Selection Grade after

1.1.1996, they will be entitled to draw the scale of pay of

Rs.14,940/- on completion of five years in the Selection Grade.”

In the light of the above, the petitioners will be entitled for the benefit

if they satisfy the stipulations provided therein. Therefore, the writ petition

is allowed. There will be a direction to respondents 3 to 5 to verify the

service particulars of the petitioners and grant due benefits to them within a

period of three months from the date of receipt of a copy of this judgment.

(T.R. Ramachandran Nair, Judge.)

kav/