IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 23181 of 2007(I)
1. K.K. BABY,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DIRECTOR OF COLLEGIATE EDUCATION,
3. THE CALICUT UNIVERSITY,
4. THE PRINCIPAL,
For Petitioner :SRI.P.J.MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
Dated :06/08/2007
O R D E R
A.K.BASHEER, J.
---------------------------------------------
W.P.(C)No.23181 OF 2007
----------------------------------------------
Dated this the 6th day of August, 2007
JUDGMENT
Petitioner is stated to be working as Librarian Grade-I in
St.Aloysius College, Elthuruth in Thrissur district. The
college is admittedly affiliated to the University of Calicut.
According to the petitioner, he had commenced his service in
the year 1979. He was promoted as Librarian Grade-I with
effect from July 15, 1991 as could be seen from Ext.P1. In the
said order, it was made clear that “promotion as Librarian
Grade-I will not ipsofacto confer claim for UGC scale of pay.”
Further, it is the contention of the petitioner that Librarians
of private colleges affiliated to the Universities and who had
been in service on or before January 1, 1986 and who possess
the requisite qualification prescribed by the University
concerned would be entitled to get relaxation from acquiring
the qualifications prescribed by the UGC. Petitioner places
heavy reliance on Ext.P4 in support of the above contention.
W.P.(C)No.23181 OF 2007
:: 2 ::
2. The prayer in the writ petition is to issue a writ of
mandamus or such other appropriate writ, order or direction
to the respondents to grant him UGC scale with effect from
July 5, 1991 with consequential benefits thereof.
3. I do not propose to deal with any of the above
contentions at this stage in view of the limited prayer made by
the learned counsel for the petitioner at the Bar. He submits
that petitioner will be satisfied, if an appropriate direction is
issued to respondent no.1 to take a decision on Ext.P9
representation in which the petitioner is stated to have
highlighted all the relevant aspects of the issue. Learned
Government Pleader submits that if Ext.P9 has been preferred
as contended by the petitioner, a decision thereon can be
taken without any delay.
4. In the above facts and circumstances, the writ
petition is disposed of with a direction to respondent no.1 to
consider and pass orders on Ext.P9 strictly on its merit and in
accordance with law as expeditiously as possible, at any rate,
within four months from the date of receipt of a copy of this
W.P.(C)No.23181 OF 2007
:: 3 ::
judgment. Needless to mention that respondent no.1 shall
afford sufficient opportunity to the petitioner and the
Manager to be heard before any decision is taken in the
matter. Petitioner shall produce a copy of the writ petition
along with a certified copy of the judgment before respondent
no.1 for compliance.
Writ petition is disposed of as above.
A.K.BASHEER, JUDGE
jes