IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 16068 of 2009(C) --------------- -------------------------- PETITIONER(S): ------------------------ 1. SRI.D. JAYAPRASAD, LECTURER SELECTION GRADE, DEPARTMENT OF MATHEMATICS, SREE KRISHNA COLLEGE, ARIYANNUR P.O., GURUVAYOOR, THRISSUR. 2. SMT. T. SHAILA, LECTURER SELECTION GRADE, DEPARTMENT OF ENGLISH, SREE KRISHNA COLLEGE, ARIYANNUR P.O., GURUVAYOOR, THRISSUR. 3. SMT. JOTHY V., LECTURER SELECTION GRADE, DEPARTMENT OF ECONOMICS , SREEKRISHNA COLLEGE, ARIYANNUR P.O.,GURUVAYOOR THRISSUR 4. SR. N. RAJASEKHARAN NAIR, LECTURER SELECTION GRADE DEPARTMENT OF HISTORY, SREEKRISHNA COLLEGE, ARIYANNUR P.O.,GURUVAYOOR THRISSUR. 5. SMT. E.S. DEVAKY, LECTURER SELECTION GRADE, DEPARTMENT OF SANSKRIT, SREEKRISHNA COLLEGE, ARIYANNUR P.O.,GURUVAYOOR THRISSUR 6. SRI.M.K. JOSHY, LECTURER SELECTION GRADE, DEPARTMENT OF MALAYALAM, SREEKRISHNA COLLEGE, ARIYANNUR P.O.,GURUVAYOOR THRISSUR. 7. SMT. K.R. ANANDAVALLY LECTURER SELECTION GRADE, DEPARTMENT OF MALAYALAM, SREEKRISHNA COLLEGE, ARIYANNUR P.O.,GURUVAYOOR THRISSUR. 8. SMT. V.S. SASIKALA, LECTURER SELECTION GRADE, DEPARTMENT OF ENGLISH SREE KRISHNA COLLEGE, ARIYANNUR P.O., GURUVAYOOR, THRISSUR. W.P.(C) NO.16068/2009 9. SMT. M.T. THULAZIBAI, LECTURER SELECTION, DEPARTMENT OF ECONOMICS, SREE KRISHNA COLLEGE, ARIYANNUR P.O., GURUVAYOOR, THRISSUR. BY ADV. MR.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 ZAFAR MARG, NEW DELHI -110002, REPRESENTED BY ITS SECRETARY. 3. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, HIGHER EDUCATION (C) DEPARTMENT, SECRETARIATY, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF COLLEGIATE EDUCATION, KERALA STATE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 5. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR. ADV. MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 MR. S.KRISHNAMOORTHY, FOR R2 BY GOVT. PLEADER MR.A.J.VRGHESE FOR R3 TO R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 16068 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 10th day of June, 2009 JUDGMENT Hard Sri. B. Mohan Lal, the learned counsel appearing for the petitioners, Sri. P. Parameswaran Nair, the learned Asst. Solicitor General of India appearing for the first respondent, Sri. S. Krishnamoorthy, the learned counsel appearing for the second respondent and Sri. A.J. Varghese, the learned Government Pleader appearing for respondents 3 to 5. 2. The petitioners are Selection Grade Lecturers working in different departments of Sree Krishna College, Guruvayur affiliated to the Calicut University. The main grievance of the petitioners is that though on the terms of Ext.P2 notification 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 Lectures, they have been denied salary at the said rate. Though the petitioners have prayed for many other reliefs in this writ petition, when the writ petition came up for hearing today, the learned counsel for petitioners pressed only reliefs iii and iv. 3. The petitioners were promoted to the category of Selection Grade Lecturers on various dates after 1-1-1996. As per the terms and stipulations W.P.(C) No. 16068/09 2 in Ext.P2 and Ext.P4, Selection Grade Lecturers as on 1-1-1996 are entitled to have their pay fixed at the stage of Rs.14940 in the scale of pay of Rs.12000-420-18300 as and when they complete five years in the Selection Grade. A Division Bench of this Court has in W.A. No.1394 of 2008 and connected cases, to which the respondents herein are parties held that the petitioners therein who are similarly situated are entitled to have their pay fixed at the stage of Rs.14940 in the scale of pay of Rs.12000-420-18300 with effect from the date of which they complete five years of service as Selection Grade Lecturer. In the result, the writ petition is allowed and the respondents are directed to fix the pay of the petitioners at the stage of Rs.14940 in the scale of pay of Rs.12000-420-18300 with effect from the dates on which they completed five years of service in the category of Selection Grade Lecturer. Consequential orders regarding the fixation of pay shall be passed within three months from the date on which the petitioners produce a certified copy of the judgment before the Director of Collegiate Education. Payment of monetary benefits shall be made within another two months thereafter. If respondents 1 and 2 have not made available to the State of Kerala their share of the contribution payable under the U.G.C. Scheme, the said respondents shall make available the requisite funds within one month W.P.(C) No. 16068/09 3 from the date on which a request in that regard is received by them from the State Government. The writ petition is disposed of as above. P.N.RAVINDRAN, JUDGE. mn.