IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 10668 of 2009(C) -------------------------------- PETITIONERS: ---------------- 1. DR.ANILA JOSEPH, READER IN ENGLISH, VIMALA COLLEGE,THRISSUR. 2. DR.KRISHNAMAYI, READER IN ENGLISH, VIMALA COLLEGE,THRISSUR. 3. DR.LIZZY.E.A.,READER IN COMMERCE, VIMALA COLLEGE,THRISSUR. 4. A.G.VIJAYAKUMARI, LECTURER (SELECTION GRADE), DEPARTMENT OF COMMERCE, VIMALA COLLEGE,THRISSUR. BY MR.GOPAKUMAR R.THALIYAL, ADVOCATE. MR.N.P.PRAJEESH, ADVOCATE. RESPONDENTS: ------------------ 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 - 110 002, REP.BY ITS SECRETARY. 3. STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION (C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. WP(C).No. 10668/2009 ...2... 4. THE DIRECTOR OF COLLEGIATE EDUCATION, KERALA STATE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 5. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,THRISSUR. BY MR.S.KRISHNAMOORTHY, CGC FOR R1 & R2. MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER FOR R3 TO R5. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.10668 OF 2009 --------------------------------------- Dated this the 28th day of May, 2009. J U D G M E N T The petitioners 1 to 3 are working as Readers and the 4th petitioner is working as Lecturer (Selection Grade) in Vimala College, Thrissur. The petitioners are aggrieved by the anomalies in fixing the pay of Rs.14,940/- on completion of five years of service in the selection grade. Therefore, they have prayed for a direction to the respondents to disburse all the consequential benefits. 2. The petitioners were placed in the selection grade on 13.04.1996, 21.08.1996, 14.10.1996 and 11.12.1997 respectively. Learned Government Pleader on instruction submits that the above particulars shown by the petitioners in the writ petition are correct. In various judgment this Court had held that the teachers who have completed five years of service in the selection grade from 01.01.1996 will be entitled for the scale of pay of Rs.14,940/-. Exhibit P8 is the judgment of a Division W.P.(C) No.10668/09 2 Bench of this Court in Writ Appeal No.1394/2008 and connected cases therein in paragraph 4 it was laid down 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”. 3. The Bench ultimately directed that in case the benefits have not been disbursed so far owing to the pendency of the writ appeals, now that the writ appeals have been disposed of, the eligible benefits to the writ petitioners shall be disbursed within a period of three months from the date of production of a copy of the judgment. The petitioners seek a similar direction in the light of the fact that they have already completed five years and have not been given due benefits. W.P.(C) No.10668/09 3 4. Sri.S.Krishnamoorthy, learned Additional Central Government standing counsel submits that the U.G.C has already made available the required funds to the State Government. Therefore, there will be a direction to the respondents 3 to 5 to see that eligible benefits to the writ petitions are disbursed within a period of three months from the date of production of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp