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. 12663 of 2009(C) -------------------------- PETITIONER(S): --------------- 1. SMT.MARIAMMA VARGHESE, LECTURER SELECTION GRADE, DEPARTMENT OF COMMERCE, HENRY BAKER COLLEGE, MELUKAVUMATTOM P.O. MELUKAVU, KOTTAYAM DISTRICT. 2. SMT.LISSYAMMA ISSAC, LECTURER SELECTION GRADE, DEPARTMENT OF COMMERCE, HENRY BAKER COLLEGE, MELUKAVUMATTOM P.O. MELUKAVU, KOTTAYAM DISTRICT. 3. SMT.P.M.CHELLAMMA LECUTRER SELECTION GRADE, DEPARTMENT OF HINDI, HENRY BAKER COLLEGE, MELUKAVUMATTOM P.O. MEUKAVU, KOTTAYAM DISTRICT. 4. DR.SAMKUTTY GEORGE, READER, DEPARTMENT OF HINDI, HENRY BAKER COLLEGE, MELUKAVUMATTOM P.O. MELUKAVU, KOTTAYAM DISTRICT. 5. DR.K.U.ALIAS, LECTURER SELECTION GRADE, (RETIRED)DEPARTMENT OF MALAYALAM, HENRY BAKER COLLEGE, MELUKAVUMATTOM P.O. MELUKAVU, KOTTAYAM DISTRICT. 6. SMT.MARY THOMAS, LECUTRER SELECTION GRADE (RETIRED) DEPARTMENT OF BOTANY, HENERY BAKER COLLEGE, MELUKAVUMATTOM P.O. MELUKAVU, KOTTAYAM DISTRICT. 7. SRI.K.T.MATHEW, LECTURER SELECTION GRADE DEPARTMENT OF PHYSICS, DEVA MATHA COLLEGE, KURAVILANGAD, KOTTAYAM 8. SRI.P.M. AUGUSTINE, LECUTURER SELECTION GRADE, DEPARTMENT OF PHYSICS,DEVA MATHA COLLEGE KURAVILANGAD, KOTTAYAM. 9. SMT.AGNUS T.T. LECTURER SELECTION GRADE, (RETIRED),DEPARTMENT OF PHYSICS, DEVA MATHA COLLEGE, KURAVILANGAD, KOTTAYAM. 10. SMT.ROSALIN JACOB, LECTURER SELECTION GRADE (RETIRED) DEPARTMENT OF CHEMISTRY, DEVA MATHA COLLEGE, KURAVILANGAD, KOTTAYAM. WP(C).No. 12663 of 2009(C) 11. SRI.JOSE K.V. LECTURER SELECTION GRADE (RETIRED) DEPARTMENT OF CHEMISTRY, DEVA MATHA COLLEGE, KURAVILANGAD, KOTTAYAM. 12. DR.T.T.THOMAS, READER (RETIRED) DEPARTMENT OF ENGLISH, DEPARTMENT OF CHEMISTRY, DEVA MATHA COLLEGE, KURAVILANGAD, KOTTAYAM. 13. SRI.UNNIKRISHNAN N.G. LECTURER SELECTION GRADE (RETIRED) DEPARTMENT OF ENGLISH, THE COCHIN COLLEGE, KOCHI. 14. SRI.C.K.MADHUSOODHANAN, LECTURER SELECTION GRADE (RETIRED) DEPARTMENT OF COMMERCE, THE COCHIN COLLEGE, KOCHI. 15. K.SREEHARAN, LECTURER SELECTION GRADE (RETIRED) DEPARTMENT OF PHYSICS, THE COCHIN COLLEGE, KOCHI. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. UNION OF INDIA, MINISTRY OF HUMAN RESOURCE DEPARTMENT (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, 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, KOTTAYAM. 6. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. ADV. SRI.S.KRISHNAMOORTHY, CGC FOR R2 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. 12663 of 2009(C) A P P E N D I X PETITIONER'S EXTS: EXT.P1 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. EXT.P2 THE TRUE COPY OF THE CLARIFICATION LETTER DATED 22/09/1998 ISSUED BY THE 1ST RESPONDENT. EXT.P3 THE TRUE COPY OF THE NOTIFICATION DATED 6/11/1998 ISSUED BY THE 1ST RESPONDENT EXT.P4 THE TRUE COPY OF THE GOVERNMENT ORDER G.O.(P). NO.171/99/H.EDN.DATED 21/12/1999 ISSUED BY THE 3RD 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. EXT.P7 THE TRUE COPY OF THE ORDER DATED 03/03/2009 IN W.P. (C).NO.18781/2008 OF THIS COURT. \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.12663/2009-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of August, 2009 J U D G M E N T The petitioners 1 to 4 and 7 are working as Lecturers (Selection Grade) in different departments of Henry Baker College and Devamatha College affiliated to Mahatma Gandhi University and petitioners 5, 6 and 9 to 15 have superannuated as Lecturers (Selection Grade). 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, W.P.(C). No.12663/2009 -:2:- 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.” 4. Therefore, the petitioners will also be entitled for the same benefit. Ext.P7 is the judgment, rendered by this Court in a similar matter. 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 fifth and sixth respondents are 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 W.P.(C). No.12663/2009 -:3:- The words “petitioners 1to 4 and 7” occurring in the 1st sentence in paragraph 1 of the judgment in W.P.(C).No.12663/2009 are corrected and substituted as “petitioners 1 to 4 and 7 & 8” vide order dated 07/10/2009 in I.A.No.11705/2009. Registrar (Judicial)