IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 18809 of 2008(L) -------------------------------------- PETITIONERS: --------------------- 1. GEORGE CHERIAN, PRINCIPAL, S.S.V COLLEGE, VALAYANCHIRANGARA.P.O, KAVANAKUDIYIL, PULLUVAZHI-41. 2. P.G. HARIDAS, ANIYAVEETIL, VENGALLOOR.P.O, THODUPUZHA, LECTURER,SELECTION GRADE IN HISTORY, SSV COLLEGE, VALAYANCHIRANGARA. 3. P.K. SARADA ANTHERJANAM, VETTIKKATTUMANA, KEEZHILLAM.P.O, LECTURER,SELECTION GRADE IN HISTORY, SSV COLLEGE, VALAYANCHIRANGARA.P.O PERUMBAVOOR. 4. K. HEMA, KANAM HOUSE, GANDHI NAGAR, MUVATTUPUZHA, LECTURER,SELECTION GRADE IN ECONOMICS, SSV COLLEGE, VALAYANCHIRANGARA.P.O, PERUMBAVOOR. 5. V. JYOTHILAKSHMI, HARIGEETHAM, VALAYANCHIRANGARA.P.O, LECTURER, SELECTION GRADE IN ENGLISH, SSV COLLEGE, VALAYANCHIRANGARA.P.O, PERUMBAVOOR. 6. R. JAGADISH, VADAKKEDATHU VARIAM, ONAKKOOR.P.O, PIRAVOM, LECTURER, SELECTION GRADE IN COMMERCE, SSV COLLEGE, VALAYANCHIRANGARA.P.O, PERUMBAVOOR. 7. P.C. SREEDEVI, XVI/240, BHAVANA, POOPANI ROAD, PERUMBAVOOR, LECTURER, SELECTION GRADE IN ENGLISH, SSV COLLEGE, VALAYANCHIRANGARA.P.O, PERUMBAVOOR. 8. V.V. NANDAKUMAR, LECTURER, SELECTION GRADE IN ENGLISH, SSV COLLEGE, VALAYANCHIRANGARA.P.O, PERUMBAVOOR. W.P.(C). NO.18809/2008-L: 9. A.K. NARAYANAN NAMBOODIRI, SHREYAS, VALAYANCHIRANGARA.P.O, PERUMBAVOOR, LECTURER, SELECTION GRADE IN MATHEMATICS, SSV COLLEGE, VALAYANCHIRANGARA.P.O, PERUMBAVOOR. 10. INDIRAMONY.P, VIPANCHIKA, KURUPPUMPADY.P.O, PERUMBAVOOR, LECTURER, SELECTION GRADE IN PHYSICS, SSV COLLEGE, VALAYANCHIRANGARA.P.O, PERUMBAVOOR. 11. K.R. VARGHESE, KONKOTH, THUMBOOR, IRINJALAKUDA, LECTURER, SELECTIION GRADE IN PHYSICS, SSV COLLEGE, VALAYANCHIRANGARA.P.O, PERUMBAVOOR. 12. C.V. SANKARAN, CHELAMATTATHU ILLAM, MATTOOR, KALADY.P.O, ERNAKULAM DT., LECTURER, SELECTION GRADE IN HISTORY, SSV COLLEGE, VALAYANCHIRANGARA.P.O, PERUMBAVOOR. 13. K.N. VASUDEVAN NAMBOODIRI, KAILASOM, RAYONPURAM.P.O, KANJIRAKAD, PERUMBAVOOR - 43, LECTURER, SELECTION GRDE IN HINDI, SSV COLLEGE, VALAYANCHIRANGARA.P.O, PERUMBAVOOR. 14. E.V. NARAYANAN NAMBOODIRI, ELEMPLASSEREI ILLAM, KALLOORKAD.P.P, MUVATTUPUZHA, LECTURER, SELECTION GRADE IN MATHEMATICS, SSV COLLEGE, VALAYANCHIRANGARA.P.O, PERUMBAVOOR. 15. SREEKUMARI.M, SREERANGAM, NEAR KALA AUDITORIUM, KOTHAMANGALAM, LECTURER, SELECTION GRADE IN MATHEMATICS, M.A. COLLEGE OF ENGINEERING, KOTHAMANGALAM. 16. N. PRASANNA KUMARI, CHELAMATTATHU ILLAM, MATTOOR, KALADY.P.O, ERNAKULAM DISTRICT, LECTURER, SELECTION GRADE IN COMMERCE, SREE SANKARA COLLEGE, KALADY. 17. J. SUBHADRADEVI, MULLAKKAL, BROADWAY, PERUMBAVOOR, LECTURER, SELECTION GRADE IN SANSKRIT, SREE SANKARA COLLEGE, KALADY. BY ADVS. MR.V.SANTHARAM, MR.ANTO THOMAS, MR.LAKSHMEESH.S.KAMATH. W.P.(C). NO.18809/2008-L: RESPONDENTS: ------------------------ 1. GOVERNMNET OF INDIA, MINISTRY OF HUMAN RESOURCE DEVELOPMENT (DEPARTMENT OF EDUCATION), NEW DELHI, REP. BY ITS DIRECTOR. 2. UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH ZAFAR MARG, NEW DELHI- 02, REP. BY ITS SECRETARY. 3. GOVERNMENT OF KERALA, HIGHER EDUCATION (C) DEPARTMENT, TRIVANDRUM, REP. BY ITS PRINCIPAL SECRETARY. 4. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. R3 & R4 BY GOVT. PLEADER MR. T.T. MUHAMOOD, R2 BY ADV. MR.S.KRISHNAMOORTHY, R1 BY ADV. MR.P.PARAMESWARAN NAIR, ASST.S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18809/2008-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 27/07/98 ALONGWITH THE REVISED SCALE OF PAY OF TEACHERS AND OTHER ACADEMIC STAFF IN THE UNIVERSITIES AND COLLEGES ISSUED BY THE R.1. EXT.P.2: COPY OF THE LETTER DTD. 22/09/1998 ISSUED BY R.1. EXT.P.3: COPY OF THE LETTER DTD. 06/11/1988 OF THE R.1. EXT.P.4: COPY OF THE ORDER ISSUED BY THE R.3. NO. G.O. (P).NO.171/99/H. EDN. DTD. 21/12/99. EXT.P.5: COPY OF THE REPRESENTATION DTD. 22/08/2001 BEFORE THE HONOURABLE MINISTER FOR EDUCATION SUBMITTED BY THE KERALA PRIVATE COLLEGE TEACHERS ASSOCIATION. EXT.P.6: COPY OF THE REPRESENTATION DTD. 20/11/02 BEFORE THE R.2, BY THE PRIVATE COLLEGE TEACHERS ASSOCIATION. EXT.P.7: COPY OF THE COMMON ORDER DTD. 16/01/2008 IN W.P.(C).3123/04 PASSED BY THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.Ravindran, J. ================== W.P.(C) No.18809 of 2008 ===================== Dated this the 19th day of February, 2009. JUDGMENT The petitioners are Selection Grade Lecturers in various aided colleges affiliated to the Mahatma Gandhi University. They were placed in the Selection Grade on various dates after 1.1.1996. In this Writ Petition, they claim apart from other reliefs that they are entitled to have their pay fixed at the stage of Rs.14,940/- in the scale of pay of Rs.12000-420-18300 on completion of five years of service as Selection Grade Lecturer. When the Writ Petition came up for hearing today, the learned counsel for the petitioners submitted that the petitioners are confining the reliefs sought in the Writ Petition only to such fixation and that a Division Bench of this Court has by judgment delivered on 21.1.2009 in W.A. No.1394 of 2008 granted a similar relief. 2. I have gone through the judgment of the Division Bench in W.A. No.1394 of 2008. The Division Bench has in W.A. No.1394 of 2008 held that those teachers who were Lecturers as on 1.1.1996 and have been subsequently placed in the Selection Grade after 1.1.1996 will be entitled to draw Rs.14,940/- as basic pay on completion of five years of service in the Selection Grade. The pleadings discloses that the petitioners were placed in the Selection Grade on various dates after 1.1.1996. The pleadings also show that they were Lecturers as on 1.1.1996 and that they have completed five years of service as Selection Grade Lecturers WP(C) 18809/08 -: 2 :- after 1.1.1996. 3. In these circumstances, I hold that the petitioners are entitled to have their basic pay fixed at Rs.14,940/- in the scale of pay of Rs.12000-420-18300 on completion of five years of service in the Selection Grade. The Writ Petition is accordingly disposed of by directing the competent authority among the respondents to fix the pay of the petitioners at Rs.14,940/- in the scale of pay of Rs.12000-420-18300, on completion of five years of service as Selection Grade Lecturers. Orders in that regard shall be passed within two months from today. Payment of arrears shall be made within one month thereafter, if the share of contribution payable by respondents 1 and 2 has already been received. If the share of contribution payable by respondents 1 and 2 has not so far been received by the State of Kerala, the State of Kerala shall send a request to respondents 1 and 2 who shall within one month from the date of receipt of the requisition make available the required funds to the State of Kerala. The State of Kerala shall after the required funds made available by respondents 1 and 2, disburse the arrears of salary and allowances in terms of the directions issued herein above within one month thereafter. The Writ Petition is disposed of as above. No costs. P.N.Ravindran, Judge. ab/ess 5/3