IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 19914 of 2009(H) -------------------------- PETITIONER(S): --------------- 1. DR.MARYKUTTY ABRAHAM, LECTURER SELECTION GRADE DEPARTMENT OF BOTANY, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA. 2. CORREYA BLAZY, LECTURER SELECTION GRADE DEPARTMENT OF ENGLISH, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA. 3. DR.CHITRA N.R., LECTURER SELECTION GRADE DEPARTMENT OF HINDI, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA. 4. ALICE THOMAS, LECTURER SELECTION GRADE DEPARTMENT OF MATHS, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA. 5. KRISHNA.E., LECTURER SELECTION GRADE DEPARTMENT OF MATHS, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA. 6. MARY AGNES FERNANDEZ, LECTURER SELECTION GRADE DEPARTMENT OF ENGLISH, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA. 7. NIMMY ALEXANDER, LECTURER SELECTION GRADE DEPARTMENT OF PHYSICAL EDUCATION, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA. 8. SOPHIAMMA JOSEPH, LECTURER SELECTION GRADE DEPARTMENT OF PHYSICS, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA 9. LALITHAMMA N.V., LECTURER SELECTION GRADE DEPARTMENT OF PHYSICS, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA 10. ANCY MANUEL, LECTURER SELECTION GRADE DEPARTMENT OF PHYSICS, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA WP(C).No. 19914 of 2009(H) 11. JOLLYAMMA ABRAHAM, LECTURER SELECTION GRADE DEPARTMENT OF CHEMISTRY, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA 12. MARYKUTTY T.M., LECTURER SELECTION GRADE DEPARTMENT OF CHEMISTRY, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA 13. RITHA RANI.J., PANAVELY, LECTURER SELECTION GRADE DEPARTMENT OF CHEMISTRY, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA 14. DR.ANNIE THOMAS, LECTURER SELECTION GRADE DEPARTMENT OF ZOOLOGY, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA 15. KATHERINE PHILIP, LECTURER SELECTION GRADE (RETIRED), DEPARTMENT OF ZOOLOGY, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA 16. DR.ANZA MATHEW, LECTURER SELECTION GRADE (RETIRED), DEPARTMENT OF CHEMISTRY, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. UNION OF INDIA, MINISTRY OF HUMAN RESOURCE DEVELOPMENT (DEPARTMENT OF EDUCATION), NEW DELHI, REP. BY ITS DIRECTOR. 2. UNIVERSITY GRANTS COMMISSION, BEHADUR SHAH ZAGAR MARG, NEW DELHI - 110 002 REPRESENTED BY ITS SECRETARY. 3. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, HIGHER EDUCATION (C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF COLLEGIATE EDUCATION, KERALA STATE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 5. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. ADV. SRI.S.KRISHNAMOORTHY, CGC FOR R2 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19914 of 2009(H) A P P E N D I X PETITIONER'S EXTS: EXT.P1 THE TRUE COPY OF THE ORDER NO.AC.F.II/21387/98 DATED 04/09/1999 ISSUED BY THE KERALA UNIVERSITY. EXT.P1(a) THE TRUE COPY OF THE ORDER NO.AC.F.II/1/016283/99, DATED 12/11/1999 ISSUED BY THE KERALA UNIVERSITY. EXT.P1(b) THE TRUE COPY OF THE ORDER NO.AC.F.II/1/015040/2000, DATED 30/06/2003 ISSUED BY THE KERALA UNIVERSITY. EXT.P1(c) THE TRUE COPY OF THE ORDER NO.AC.F.II/1/16162/98,DATED 06/09/1999 BY THE KERALA UNIVERSITY. EXT.P1(d) THE TRUE COPY OF THE ORDER NO.AC.F.II/1/04573/99, DATED 23/09/1999 BY THE KERALA UNIVERSITY. EXT.P1(e) THE TRUE COPY OF THE ORDER NO.AC.F.II/1/6931/2000, DATED 03/06/2000 ISSUED BY THE KERALA UNIVERSITY. EXT.P1(f) THE TRUE COPY OF THE ORDER NO.AC.F.II/1/6931/2000, DATED 03/06/2000 ISSUED BY THE KERALA UNIVERSITY. EXT.P1(g) THE TRUE COPY OF THE ORDER NO.AC.F.II/2/18815/2002, DATED 22/10/2002 ISSUED BY THE KERALA UNIVERSITY. EXT.P1(h) THE TRUE COPY OF THE ORDER NO.AC.F.II/1/015041/2000, DATED 25/07/2000 ISSUED BY THE KERALA UNIVERSITY. EXT.P2 THE TRUE COPY OF THE LETTER DATED 27/07/1998 ISSUED BY THE 1ST RESPONDENT ALONG WITH THE REVISED SCALE OF PAY OF TEACHERS AND OTHER ACADEMIC STAFF IN THE UNIVERSITITES AND COLLEGES. WP(C).No. 19914 of 2009(H) EXT.P3 THE TRUE COPY OF THE CLARIFICATION LETTER DATED 22/09/1998 ISSUED BY THE 1ST RESPONDENT. EXT.P4 THE TRUE COPY OF THE NOTIFICATION DATED 06/11/1998 ISSUED BY THE 1ST RESPONDENT. EXT.P5 THE TRUE COPY OF THE COMMON JUDGMENT DATED 16/01/2008 IN W.P.(C).No.3123/2004 AND CONNECTED MATTERS OF THIS HIGH COURT. EXT.P6 THE TRUE COPY OF THE COMMON JUDGMENT DATED 21/01/2009 IN W.A.No.1394/2008, 1881/2008, 1925/2008, 2067/2008 OF THE HIGH COURT. \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19914/2009-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of August, 2009 J U D G M E N T The petitioners 1 to 14 herein are working as Selection Grade Lecturers in different departments of St.Joseph's College for Women. Their service particulars including their date of joining in service, date of obtaining senior grade and subsequent selection grade are detailed in paragraph (2) of the writ petition. 2. The petitioners mainly seek for a declaration that they are entitled to be paid the benefit of fixation of Rs.14,940/- upon completion of 5 years from the dates on which they were placed as Lecturers (Selection Grade) and all consequential benefits. 3. The matter is now covered by the decision of a Division Bench of this Court in W.A.No.1394/2008 and connected cases, dated 21/01/2009. After examining the contentions of various parties, it was held by the Division Bench 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 W.P.(C). No.19914/2009 -:2:- 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.” 4. Therefore, the petitioners will also be entitled for the same benefit. Those among the petitioners, who are Lecturers as on 01/01/1996 and who were subsequently placed on 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 of service as Selection Grade Lecturers. The fourth respondent is hereby directed to 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. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms