IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 14523 of 2009(I) ------------------------------------- PETITIONER(S): ------------------------- 1. DR.C.JANARDANAN, READER/SELECTION GRADE LECTURER, DEPT. OF CHEMISTRY, S.N.COLLEGE, KANNUR. 2. V.HEMALATHA, SELECTION GRADE LECTURER, DEPT. OF HINDI, S.N.COLLEGE, KANNUR. 3. PREETHA K.C., SELECTION GRADE LECTURER, DEPT. OF PHYSICS, S.N.COLLEGE, KANNUR. BY ADVS.MR.K.M.KURIAN MR.P.VIJAYAKUMAR RESPONDENT(S): ------------------------ 1. UNION OF INDIA, MINISTRY OF HUMAN RESOURCE AND DEVELOPMENT, DEPARTMENT OF EDUCATION, NEW DELHI, REPRESENTED BY ITS DIRECTOR. 2. UNIVERSITY GRANTS COMMISSION, BEHADUR SHAH ZAFAR MARG, NEW DELHI-110002, REPRESENTED BY ITS SECRETARY. 3. GOVERNMENT OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. * 4. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KANNUR.( CORRECTED) * PLACE OF THE 4TH RESPONDENT IS CORRECTED AS KOZHIKODE INSTEAD OF KANNUR AS PER ORDER DTD. 19.6.09 IN IA. 7148/09. W.P.(C) NO 14523/2009 ADDL. 5TH RESPONDENT IS IMPLEADED. 5. S.N. COLLEGE, KANNUR, REP.BY ITS PRINCIPAL IS IMPLEADED AS ADDL. 5TH RESPONDENT AS PER ORDER DT. 19.6.09 IN IA. 7147/09. R1 & R2 BY ADV. MR.S.KRISHNAMOORTHY, CGC R3 & R4 BY GOVT. PLEADER SMT.T.B.RAMANI ADDL. R5 BY ADV.MR.M.V.ASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2009, ALONG WITH WPC. NO.15849 OF 2009 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.14523/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE G.O.(P) NO.171/99(H.EDN.). P2:- COPY OF THE JUDGMENT IN WPC. 36112/02. P3:- COPY OF THE JUDGMENT IN WA. 1881/08. P4:- COPY OF THE JUDGMENT IN WPC. 18781/08. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ------------------------------------------ W.P.(C) Nos.14523, 15849, 18162, 20993 & 23917 OF 2009 ------------------------------------------ Dated this the 2nd day of November, 2009. J U D G M E N T In these writ petitions, the petitioners are working as Selection Grade Lecturers except W.P.(C) No.23917/2009 where the petitioner (deceased Lecturer) is represented by his wife. As the prayers are identical, they are disposed of by this common judgment. 2. The respective Lecturers have moved to Selection Grade on different dates and the details of the same are stated in the writ petitions themselves. 3. The matter relates to the granting of benefit of the U.G.C Scheme to the petitioners. It is pointed out that in Ext.P1 Scheme, going by Appendix ‘I A’, a person who is in position as Lecturer (Selection Grade) as on 01/01/1996, will be given a minimum pay of Rs.14,940/- in the revised scale as and when W.P.(C) No.14523/2009 & conn. cases 2 they complete five years in the grade. The petitioners are relying upon the judgment of this Court in W.P.(C).No.18955 of 2009 wherein, after referring to the judgment in W.A.No.1394 of 2008 and connected cases, directions were issued in respect of similarly placed Lecturers. In paragraph (4) of W.A.No.1394 of 2008 and connected cases, it was held 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.” It is declared that petitioners, who satisfy the same are entitled for similar relief. The Director of Collegiate Education or the Deputy Director of Collegiate Education or the Director of Technical Education as the case may be is hereby directed to W.P.(C) No.14523/2009 & conn. cases 3 verify the individual particulars relating to the petitioners and take appropriate action to disburse the eligible benefits within a period of two months from the date of receipt of a copy of the judgment. These writ petitions are disposed of as above. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp