IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 OP.No. 10958 of 2003(D) ------------------------------------- PETITIONER(S): ------------------------ 1. N.GOPALAN,AGED 52 YEARS, S/O.NARAYANAN,LIBRARIAN GR.I(U.G.C.) UNIVERSITY OF COLLEGE, THIRUVANANTHAPURAM. 2. M.K.SAROJAM, AGED 52 YEARS, D/O.K.P.KUNCHU,LIBRARARIAN GR.I.(U.G.C), GOVERNMENT SANSKRIT COLLEGE,TRIVANDRUM. 3. S.KRISHNAKUMARI, AGED 47 YEARS, LIBARARIAN GR.1(U.G.C.) GOVERNMENT ARTS COLLEGE,THIRUVANANTHAPURAM. 4. G.DARLING LILLY MARGARET, AGED 47 YEARS, LIBRARIAN GR.I (U.G.C.),WOMAN'S COLLEGE,THIRUVANANTHAPURAM. 5. S.AZHAGIRI, AGED 44 YEARS, LIBRARIAN GR.I (U.G.C.), SREE NEELAKANTA GOVERNMENT, SANSKRIT COLLEGE,PATTAMBI. 6. P.T.MARKOSE,AGE 41 YEARS, S/O.K.S.THOMAS, LIBRARIAN GR.I. (U.G.C.), GOVERNMENT COLLEGE,CHITTOOR,PALGHAT. 7. LEELA JOSEPH, AGED 42 YEARS, W/O. M.S.JAYARAJAN,LIBRARIAN GR.I. (U.G.C.), MAHARAJAS COLLEGE, ERNAKULAM. 8. V.GOPAKUMAR, AGED 42 YEARS, S/O.K.VELAYUDHAN PILLAI, LIBRARIAN GR.I (U.G.C.), GOVERNMENT COLLEGE, KASARAGOD. Kss ..2/- ...2.... O.P.NO.10958/2003 D 9. P.MOHANAN, AGED 43 YEARS, S/O.R.PADMANABHAN, LIBRARIAN GR.I (U.G.C.),GOVERNMENT ARTS. & SCIENCE COLLEGE, KOZHIKODE. BY ADV. SRI.P.P.JNANASEKHARAN SRI.C.RAMAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY,SECREATRIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE SECRETARY, UNIVERSITY GRANTS COMMISSION,BAHADUR SHAH ZAFAR MARG, NEW DELHI-110002. GOVERNMENT PLEADER SMT.T.B.REMANI FOR R1 & 2 SRI.PAUL JACOB, ADDL.CGSC FOR R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss O.P.NO.10958/2003 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF G.O.(MS) NO.66/90/H.EDN. DTD. 13/03/1990. EXT.P2: COPY OF G.O.(P) NO.79/90/H.EDN. DTD. 27/03/1990. EXT.P3: COPY OF G.O.(MS) NO.87/91/H.EDN. DTD. 9/04/91. EXT.P4: COPY OF G.O.(MS) NO.78/92/H.EDN. DTD. 5/5/92. EXT.P5: COPY OF G.O.(MS) N.130/2000/H.EDN.DTD. 11/08/2000. EXT.P6: COPY OF REPRESENTATION SUBMITTED BY THE LIBRARIANS IN GOVERNMENT SERVICE OF THE STATE BEFORE THE COMMISSIONER AND SECRETARY, HIGHER EDUCATION (A) DEPARTMENT. EXT.P7: COPY OF THE OPTION EXERCISED BY THE 1ST PETITIONER DTD. 25/10/1991. EXT.P8: OCPY OF THE FORM FOR EXERCISING OPTION UNDER UGC LIBRARY SCIENCE SERVICE DTD. 25/10/91. EXT.P9: COPY OF THE PROVISIONAL SENIORITY LIST OF GR.I AND ABOVE LIBRARIANS AS ON 1/06/1990. EXT.P10: COPY OF THE ORDER DTD. 28/04/2001 OF THE DIRECTOR OF TECHNICAL EDUCATION. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ----------------------------------------------------------- O.P.No.10958/2003 ----------------------------------------------------------- Dated this the 3rd day of November, 2008 JUDGMENT The prayers in this original petition are to quash Ext.P5, in so far as it grants U.G.C. scheme only to 12 Librarians Grd.I and Ext.P3 in so far as it makes applicable the UGC scheme only to the Librarians in Arts and Science Colleges. Consequential reliefs are also sought for. 2. The petitioners contend that by Ext.P1, the Government introduced the UGC scheme including revision of scale of pay for teachers in Universities as also to qualified Librarians, with effect from 1.1.1986. Ext.P2 is the scheme of revision of pay scales where also Librarians are included among the beneficiaries. However, following Exts.P1 and P2, Ext.P3 order was issued by the Government regarding extension of UGC scheme to qualified teachers O.P.No.10958/2003 2 working in Universities, Professional Colleges and Degree Colleges. In clause(6) of Ext.P3, it has been stated that the UGC scheme revision will be applicable only to Librarians in Arts and Science Colleges. It is stated that Librariansin Govt. Colleges form a separate pool and are attached to different departments. Proceeding further, in Ext.P5, benefit of UGC scheme was extended to 12 Librarians Grade-I, from 1.1.1986. It is also stated that subsequently the petitioners were also extended to the benefit of the scheme, but not from 1.1.1986. According to the petitioners, in view of the scheme formulated by the Government accepting the recommendation of the UGC, the benefits could not have been restricted to 12 Librarians and that it should have been extended to all with effect from 1.1.1986 as ordered in Ext.P1. 3. The respondents on the other hand submitted that, by Exts.P1 and P2, UGC scheme was introduced with effect from 1.1.1986. According to them, there is a reason for conferring the benefit to 12 Librarians Grade-I who have opted for UGC. It is stated that, seniors have been given the O.P.No.10958/2003 3 benefit and that as and when the petitioners have attained seniority they were also given the benefit of UGC Scheme. It is stated that, in the State, there are 12 Government Colleges, where the post of Librarian Grade-I and above are now available and that one person in each of the 12 colleges belonging to the grade of Librarian Grade-I or above, have been given the benefit of UGC scheme based on seniority. It is stated that all Librarians in the State cannot be extended the benefit UGC scheme, as at present. 4. The only question that arises for consideration is whether the Government was justified in confining the benefit of UGC only to 12 Librarians Grd-I. It is seen from Ext.P3 that, in the State service Librarians form a separate pool and are attached to different departments like Education, Medical etc. It is stated that since they have to work in all institutions, separate Library Science Service for Govt. Colleges, in the place of existing pool system for Librarians, will be formulated comprising the senior persons in common pool, if necessary after obtaining their option for coming out of the common pool. Proceeding further, it is O.P.No.10958/2003 4 stated that such persons who are attached to Government Colleges will be considered for inclusion in the UGC scheme. From the counter affidavit, it is thus obvious that out of the Educational institutions maintained by the State, Post of Librarian Grade-I and above are available only in 12 colleges. In such colleges one person each has been posted and senior most qualified Librarian alone are considered for posting in those colleges. Therefore, the yardstick that is followed by the Government for extending the benefit of UGC scheme appears to be one of seniority among the qualified Librarians. It is also evident that as and when others who are working as Librarians have attained sufficient seniority and as and when there is retirement and other vacancies available, other Librarians including the petitioners, have been extended the benefit of UGC scheme. Thus it is on the basis of seniority to those who occupy the one post each available in the 12 Government Colleges, that UGC scheme has been extended to the Librarian-Grade-I and above. Thus the seniority and the availability of the post in the 12 government colleges was the basis that was O.P.No.10958/2003 5 adopted by the State for conferring the benefit of UGC scheme. Such yardstick cannot be held to be an irrational one warranting interference by this court in a proceedings under Article 226 of the Constitution of India. Admittedly the seniority was the criteria and if length of service has been adopted to justify the classification among the Librarians, that is certainly a valid classification and there is nothing vitiating the same. Therefore, the Original Petition is only to be dismissed. Petitioners have a complaint that even though they have been extended the benefit of the UGC scheme, monetary benefits have not been granted. If as a matter of fact monetary benefits have not been granted, this the respondent shall do as expeditiously as possible and at any rate within 6 weeks from the date of production of a copy of the judgment. ANTONY DOMINIC JUDGE vi. O.P.No.10958/2003 6 ANTONY DOMINIC, J ------------------------------------ O.P.No.10958/2003 ----------------------------------- Dated.3.11.2008.