High Court Kerala High Court

Rachel Thomas vs Union Of India on 21 August, 2009

Kerala High Court
Rachel Thomas vs Union Of India on 21 August, 2009
       

  

  

 
 
  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.
              -----------------------------------------
              W.P.(C) Nos.14783, 15250, 17862
                        & 22008 OF 2009
              -----------------------------------------
           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