IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 588 of 2007(T) ----------------------------------- PETITIONER: ------------------- SOMARAJAN.P.K., LECTURER IN SANSKRIT (SENIOR SCALE), DEPARTMENT OF SANSKRIT, S.N.COLLEGE, SIVAGIRI, VARKALA. BY ADVS. SRI.S.ABDUL RAZZAK, SRI.V.K.SATHYANATHAN. RESPONDENTS: ------------------------ 1. THE SECRETARY TO THE GOVT., DEPARTMENT OF HIGHER EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, DIRECTORATE OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM. *ADDITIONAL RESPONDENTS 4 TO 6 IMPLEADED: 4. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR. 5. THE UNIVERSITY OF CALICUT, REPRESENTED BY REGISTRAR, CALICUT UNIVERSITY OFFICE, THENJIPALAM, POST BOX.NO.673 635. W.P.(C). NO.588/2007-T: 6. THE PRINCIPAL, S.N. COLLEGE, NATTIKA.P.O., THRISSUR DISTRICT. *ADDL. R4 TO ADDL. R6 IMPLEADED AS PER ORDER DATED 18/02/2010 IN I.A. NO. 2104/10. R1 TO R3 & ADDL. R4 BY GOVERNMENT PLEADER SMT. RANI DIOTHIMA, R2 BY ADV. SRI.SANTHOSH MATHEW, R5 BY SRI.P.C.SASIDHARAN, S.C, CALICUT UTY., THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.588/2007-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER DTD. 10/03/98 ISSUED BY THE MANAGER. EXT.P.2: COPY OF THE POSTING ORDER NO.GA-II/A2/339/97 DT. 04/04/98 APPROVED BY THE UNIVERSITY. EXT.P.3: COPY OF THE ORDER OF THE UNIVERSITY DT. 17/07/2002, PLACING THE PETITIONER IN THE SENIOR SCALE. EXT.P.4: COPY OF THE GOVT. ORDER G.O. ORDER G.O.(P).NO.171/99/H.E. DT. 21/12/1999 EXTENDING THE U.G.C. SCHEME. EXT.P.5: COPY OF THE GOVT. ORDER G.O.(P).NO.110/00/H.EDN. DT. 04/07/2000. EXT.P.6: COPY OF THE REPRESENTATION DT. 18/01/2006 SUBMITTED BY THE PETITIONER TO THE DY. DIRECTOR OF COLLEGIATE EDUCATION. EXT.P.7: COPY OF THE REJECTION ORDER DT. 03/05/2006 ISSUED BY THE DY. DIRECTOR OF COLLEGIATE EDUCATION. EXT.P.8: COPY OF THE DETAILED REPRESENTATION DT. 06/11/2006 FILED BY THE PETITIONER TO THE R.1. EXT.P.9: COPY OF THE LETTER NO.420/D1/07/H. EDN. DT. 08/01/2008 ISSUED BY THE HIGHER EDUCATION DEPARTMENT. EXT.P.10: COPY OF THE JUDGEMENT DT. 07/02/2007 IN O.P. NO. 486/1997 (G). EXT.P.11: COPY OF THE CERTIFICATE DT. 12/12/91 ISSUED BY THE UNIVERSITY OF CALICUT. EXT.P.12: COPY OF THE JUDGMENT DTD. 30/09/2009 IN W.P.(C).NO.24495/2009. EXT.P.12: COPY OF THE G.O.(MS).NO.20/2002 DTD. 01/02/2002. (IN I.A. NO. 12986/2010). EXT.P.13: COPY OF THE G.O.(P).NO.123/2002/H. EDN. DTD. 17/09/2002. EXT.P1.4: COPY OF THE G.O.(P).NO.171/99/H. EDN. DTD. 21/12/1999. RESPONDENTS' EXHIBIT: EXT.R3.A: COPY OF THE G.O.(MS).NO.20/2002/H. EDN. DTD. 01/02/2002. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.588/2007 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 20th day of July, 2011 J U D G M E N T The grievance raised by the petitioner is regarding denial of his claim for scale of pay as sanctioned by the University Grants Commission, by Ext.P9 communication issued by the Government. 2. The bare facts necessary for the disposal of the writ petition are the following. The petitioner is working as Lecturer in Sanskrit (Senior Scale) now in the Department of Sanskrit in S.N. College, Sivagiri, Varkala. His qualification is M.A (Sanskrit) with M.Phil., B.Ed and M.Ed Degrees. 3. His regular appointment starts with Ext.P1 order of appointment whereby he is appointed with retrospective effect from 03/12/1996 in S.N College, Nattika. The said appointment has been approved by the University as per Ext.P2 order, duly. Ext.P3 is the order by which the University has approved the grant of Senior Scale to the petitioner with effect from W.P.(C). No.588/2007 -:2:- 01/12/2002. Going by Ext.P3, he had acquired M.Phil in 1989 from Calicut University. 4. The revised U.G.C Scheme was implemented with effect from 01/01/1996 as per Ext.P4 Government Order dated 21/12/1999. Ext.P5 order passed by the Government later, shows that implementation of pay scales is with effect from 01/01/1996 and the formula for fixation is appended therein. Thereafter, the petitioner sought for grant of scale of pay under the U.G.C Scheme from the date of his appointment. He was initially appointed in the scale Rs.2060-3200/- as evident from Ext.P1 order. The Deputy Director of Education rejected his claim as per Ext.P7 pointing out that the revised U.G.C Scheme is applicable only to persons who were brought under the U.G.C Scheme 1986 and that the teachers appointed in State Scale (48%) category will be brought under the U.G.C Scheme on completion of six years' service as and when they became eligible for placement in the Senior Scale. Again the petitioner moved the Government by Ext.P8 which was disposed of by Ext.P9 communication. W.P.(C). No.588/2007 -:3:- 5. Ext.P11 shows that the petitioner has acquired M.Phil qualification in September 1989. 6. The contentions raised by the petitioner are two fold. One that the view taken by the Government in Ext.P9 that he is coming under 48% category in the State Scale is not correct. The affidavit of the University filed in this writ petition as directed by this Court is relied upon in that context. The second aspect is that the petitioner need not have cleared NET since as per Ext.P13 order, an exemption was in operation. 7. As regards the first objection in Ext.P9 that the petitioner comes under 48% category, the affidavit filed by the University in para.4 states that the records of the University reveals that Pre-degree course with Sanskrit as subject at S.N.College, Nattika was not conducted since 03/12/1996. He is appointed from 03/12/1996. Evidently, going by the pleadings of the petitioner also, it can be seen that in S.N. College, Nattika, there was no Pre-Degree course. In that view of the matter, the petitioner was not W.P.(C). No.588/2007 -:4:- appointed in the 48% category going by the affidavit filed by the University. Therefore, the objection taken in Ext.P9 that the petitioner belongs to 48% category in the State Scale cannot be sustained. 8. Further, objection was with regard to the non acquisition of NET. Ext.P13 is the copy of G.O.(P). No.123/2002/H.Edn., dated 17/09/2002 which is an order as regards the U.G.C regulation regarding minimum qualification required for appointment and Career Advancement of teachers in Universities and Institutions affiliated to them. Therein it is clarified as follows:- “However, the candidates who have completed M.Phil Degree by 31st December 1993 or have submitted Ph.D thesis to the University in the concerned subject on or before 31st December 2002 are exempted from appearing in the NET examination. In cases such candidates fail to obtain Ph.D Degree, they shall have to pass the NET examination.” W.P.(C). No.588/2007 -:5:- 9. Learned counsel for the petitioner also brought to my notice the relevant provisions of the U.G.C. Regulations,2000 in para.1.3.3 under the head 'Lecturer'. There is a note which reads as follows:- “Note:- NET shall remain the compulsory requirement for appointment as Lecturer even for candidates having Ph.D. degree. However, the candidate who have completed M.Phil. degree or have submitted Ph.D. thesis in the concerned subject upto 31st December 1993 are exempted from appearing in the NET examination.” Going by the said note also candidates who have acquired M.Phil degree prior to 31st December 1993 are exempted from appearing in the NET examination. Herein as already noticed, petitioner had acquired M.Phil in 1989 as evident from Ext.P11. Hence the exemption under Ext.P13 applies to him. 10. Therefore, the petitioner is entitled to succeed in the writ petition. Ext.P9 is therefore, quashed. It is declared that the petitioner is W.P.(C). No.588/2007 -:6:- entitled for the benefit of U.G.C Scheme 1996 and scale of pay as his appointment is on 03/12/1996 at the entry post. Evidently, the petitioner has been granted Senior Scale later which has been approved by the University as per Ext.P3. Therefore, the initial scale of pay in the entry post will be revised and the scale of pay as allowable under the U.G.C Scheme will be granted to the petitioner. There will be a direction the Deputy Director of Education to refix the initial scale of pay of the petitioner in terms of the U.G.C. Scheme and release the arrears consequent on the same within a period of two months from the date of receipt of a copy of this Judgment. Consequent revision if any will be made in the Senior Scale of pay also which is approved by the University as per Ext.P3. The writ petition is allowed to the above extent. No costs. (T.R. Ramachandran Nair, Judge.) ms