IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 30938 of 2011(N) -------------------------------------- PETITIONER: ------------------- P.B.NEBISA, W/O.K.K.ABU, AGED 61 YEARS, (RETIRED SELECTION GRADE LECTURER, M.E.S.ASMABI COLLEGE, KODUNGALLUR) (RESIDING AT KANNANCHALLASSERIL HOUSE, MOSQUE ROAD, NORTH PARAVOOR, ERNAKULAM DISTRICT). BY ADVS. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA, SRI.V.RAJASEKHARAN NAIR. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM- 695 001. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM - 682 011. 4. THE PRINCIPAL, M.E.S.ASMABI COLLEGE, KODUNGALLUR, THRISSUR DISTRICT - 680 664. R1 TO R3 BY SR. GOVT. PLEADER SRI. M.A. FAYAZ. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.30938/2011-N: APPENDIX PETITIONER'S EXHIBITS:- EXT.P-1 TRUE COPY OF THE LETTER OF THE ACCOUNTANT GENERAL (VERIFICATION REPORT) DTD. 25/03/2008. EXT.P-2 TRUE COPY OF THE G.O.(P) NO.58/2010/H.EDN. OF THE GOVERNMENT DTD. 27/03/2010. EXT.P-3 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE GOVERNMENT DTD. 31/10/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.30938/2011-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of November, 2011 J U D G M E N T The petitioner retired from service as Selection Grade Lecturer from M.E.S. Asmabi College, Kodungallur on 31/03/2006. She is seeking for a direction to grant the benefits under the revised University Grants Commission Scheme including the pensionery benefits which came into effect from 01/01/2006 while she was in service. 2. Ext.P1 is the proceedings issued finalising the pensionery benefits of the petitioner. Ext.P2 is the order issued by the Government accepting the revised U.G.C Scheme for revision of pay scale with effect from 01/01/2006. 3. The learned counsel for the petitioner submitted that the issue is covered in favour of the petitioner in the light of the decision of this Court in Santhamma Mathew v. State of Kerala [2001 (3) KLT Short Note 22 (Case No.30)]. It is for the Government to take a decision in the matter. W.P.(C). No.30938/2011 -:2:- 4. Therefore, there will be a direction to the Government to take a decision on Ext.P3 representation submitted by the petitioner before the Government with notice to the petitioner and after affording an opportunity of hearing, within a period of five months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the first respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms