IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 25166 of 2009(M) --------------------------------------- PETITIONER(S): ------------------------ 1. DR.ROSAMMA MATHEW, W/O.T.V.SONY, LECTURER SELECTION GRADE, DEPARTMENT OF HISTORY, K.E.COLLEGE, MANNANAM, KOTTAYAM. 2. DR.SHERLY KURIAN, W/O.E.T.KURIAN, LECTURER SELECTION GRADE, DEPARTMENT OF MALAYALAM, BASELIOUS COLLEGE, KOTTAYAM. 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-110 002, 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. R1 BY ADVS. MR.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR R2 BY MR..S.KRISHNAMOORTHY, CGC R3 TO R5 BY GOVT. PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.25166/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.AC.BV-1/858/2005 DTD. 22.12.05 ISSUED BY THE M.G. UNIVERSITY. P1(a):- COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE 2ND PETITIONER SANCTIONING SELECTION GRADE AS PER ORDER NO.AC.BV(4)/264/2004 DTD. 20.11.04 OF M.G. UNIVERSITY. P2:- OP LETTER DTD. 27.7.98 ISSUED BY THE SIT RESPONDENT ALONG WITH THE REVISED SCALE OF PAY OF TEACHERS AND OTHER ACADEMIC STAFF IN THE UNIVERSITIES AND COLLEGES. P3:- COPY OF THE CLARIFICATION LETTER DTD. 22.9.98 ISSEUD BY THE IST RESPONDENT. P4:- COPY OF THE NOTIFICATION DTD. 6.11.98 ISSUED BY THE IST RESPONDENT. P5:- COPY OF THE COMMON JUDGMENT DTD. 16.1.08 IN WPC. 3123/04 AND CONNECTED MATTERS OF THIS HONOURABLE COURT. P6:- COPY OF THE COMMON JUDGMENT DTD. 21.1.09 IN WA. NO.1394/08, 1881/08, 1925/08, 2067/08 OF THIS HONOURABLE COURT. ANNEXURE. A:- COPY OF THE COMMUNICATION DTD. 15.12.99. ANNEXURE A1:- COPY OF THE G.O.(P) NO.110/2000/H.EDN. DTD. 4.7.2000. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 25166 of 2009-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of November, 2009. JUDGMENT The petitioners herein are working as Selection Grade Lecturers in the Department of History, K.E. College, Mannanam. The details regarding their service particulars are mentioned in para 2 of the writ petition. The first petitioner entered service on 2.12.1986. She was awarded Senior Scale on 1.4.2001 and Selection Grade/Reader on 6.12.2001. As regards the second petitioner, the respective dates are 2.7.1987(date of entry), 28.6.1998 (Senior Scale) and 28.6.2001 (Selection Grade/Reader). The petitioners are claiming the benefits of U.G.C. Scale. According to the petitioners, lecturers who are placed as Selection Grade are liable to get their pay fixed at the minimum of Rs.14,940/- as and when they complete five years i the grade. They are relying upon Ext.P6 judgment rendered by a Division Bench of this Court wherein, in para 4 it was held thus: “We make it clear that since the scheme itself has been introduced only with effect from 1.1.1996, even in the case of those teachers who had completed five years prior to 1.11996, they will be entitled to the scale of pay of Rs.14,940/- only with effect from 1.1.1996. Those teachers who were Lecturers as on 1.1.1996 and wpc 25166/2009 2 who were subsequently placed in the Selection Grade after 1.1.1996, they will be entitled to draw the scale of pay of Rs.14,940/- on completion of five years in the Selection Grade.” In the light of the above, the petitioners will be entitled for the benefit if they satisfy the stipulations provided therein. Therefore, the writ petition is allowed. There will be a direction to respondents 3 to 5 to verify the service particulars of the petitioners and grant due benefits to them within a period of three months from the date of receipt of a copy of this judgment. (T.R. Ramachandran Nair, Judge.) kav/