IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 18490 of 2008(A) --------------------------------------- PETITIONER(S): ------------------------ 1. ANASTHASIA JOHN, ANUPAM, PIRAYIRI, LECTURER, SELECTION GRADE IN CHEMISTRY, MERCY COLLEGE, PALAKKAD. 2. LILLY P.D.,SOLACE, SREENIVASA GARDENS, KALLIKKAD, PALAKKAD-6, LECTURER, SELECTION GRADE IN CHEMISTRY, MERCY COLLEGE, PALAKKAD. 3. RAMANI NAIR, INDIRA VILLA, KOTTEKKAL PO, PALAKKAD- 678732, LECTURER, SELECTION GRADE IN ZOOLOGY, MERCY COLLEGE, PALAKKAD. 4. P.K.ROHINI, HIRANIAM, 126/AYODHYA NAGAR (NORTH) PALLIPURAM P.O., PALAKKAD-6, LECTURER, SELECTION GRADE IN MALAYALAM, MERCY COLLEGE, PALAKKAD. 5. ANNIE V.D., PUTHUSSERY HOUSE, AYODHYA NAGAR, PALAKKAD-6, LECTURER, SELECTION GRADE IN MATHEMATICS, MERCY COLLEGE, PALAKKAD. 6. NIRMALA.N.9/143, BHARATHI NILAYAM, VIDHYA NAGAR, PIRAYIRI, PALAKKAD-6, LECTURER, SELECTION GRADE IN HISTORY, MERCY COLLEGE, PALAKKAD. 7. DHANALAKSHMI N.K., MAHISHMATHI, KALPATHY P.O., PALAKKAD, LECTURER, SELECTION GRADE IN MALAYALAM, MERCY COLLEGE, PALAKKAD. 8. RADHA MENON, SOPANAM, MAITHRI NAGAR, KAIKUTHU PARAMBU, NURANI P.O., PALAKKAD-4, LECTURER, SELECTION GRADE IN ECONOMICS, MERCY COLLEGE, PALAKKAD. W.P.(C) NO.18490/2008 9. BETTY MATHEWS, THENGUMPALLIL, 29-AYODHYA NAGAR, PALLIPPURAM P.O., PALAKKAD-6, LECTURER, SELECTION GRADE IN ECONOMICS, MERCY COLLEGE, PALAKKAD. BY ADVS.MR.V.SANTHARAM MR.ANTO THOMAS MR.LAKSHMEESH.S.KAMATH RESPONDENT(S): ----------------------- 1. GOVERNMENT OF INDIA, MINISTRY OF HUMAN RESOURCE DEVELOPMENT (DEPARTMENT OF EDUCATION), NEW DELHI, REPRESENTED BY ITS DIRECTOR. 2. UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH ZAFAR MARG, NEW DELHI- 110 002, REPRESENTED BY ITS SECRETARY. 3. GOVERNMENT OF KERALA, HIGHER EDUCATION (C) DEPARTMENT, TRIVANDRUM, REPRESENTED BY ITS PRINCIPAL SECRETARY 4. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. BY ADV. MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 BY MR.S.KRISHNAMOORTHY FOR R2 BY SR. GOVERNMENT PLEADER MR.A.J.VARGHESE FOR R3,4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18490/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER DT. 27.7.98 ALONGWITH THE REVISED SCALE OF PAY OF TEAHCERS AND OTHER ACADEMIC STAFF IN THE UNIVERSITIES AND COLLEGES ISSUED BY THE IIST RESPONDENT. P2:- COPY OF THE LETTER DT. 22.9.98 ISSUED BY IST RESPONDENT. P3:- COPY OF THE LETTER DT. 6.11.88 OF THE IST RESPONDENT. P4:- COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT NO.G.O.(P) NO.171/99/H.EDN. DT. 21.1299. P5:- COPY OF THE REPRESENTATION DT. 22.8.01 BEFORE THE HONOURABLE MINISTER FOR EDUCATION SUBMITTED BY THE KERALA PRIVATE COLLEGE TEACHERS ASSOCIATION. P6:- COPY OF THE REPRESENTATION DT. 20.11.02 BEFORE THE 2ND RESPONDENT, BY THE PRIVATE COLLEGE TEACHERS ASSOCIATION. P7:- COPY OF THE COMMON ORDER DT. 16.1.08 IN WPC. 3123/04 PASSED BY THIS HONOURABLE COURT. TRUE COPY P.A. TO JUDGE TSS P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.18490 of 2008 -------------------------------------- Dated 27th March, 2009 JUDGMENT Heard Sri.V.Santharam, the learned counsel appearing for the petitioners, Sri.P.Parameswaran Nair, the learned Assistant Solicitor General of India appearing for the Government of India, Sri.S.Krishna Moorthy, the learned Standing Counsel appearing for the University Grants Commission and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 3 and 4. 2. The petitioners are Selection Grade Lecturers working in Mercy College, Palakkad. They were placed in the Selection Grade under the UGC Scheme, 1998 with effect from 02.01.1996, 04.01.1996, 25.04.1996, 27.10.1996, 07.11.1996, 11.05.1997, 29.10.1997, 04.11.1997 and 26.12.1998 respectively. The UGC Scheme 1998 was implemented with effect from 1.1.1996 by Ext.P4 Government order dated 21.12.1999. The main grievance voiced by the petitioners in this writ petition which alone was pressed at the time of arguments is that though they have completed five years of service in the Selection Grade, their pay has not been fixed at the stage of Rs.14,940/- in the scale of pay of Rs.12000-420-18300 in terms of the stipulations in paragraph 1 (ii) of Ext.P3. A Division Bench of this Court has in W.A.No.1394 of 2008 and connected cases held that those teachers who were Lecturers as on 01.01.1996 and who were subsequently placed in the Selection Grade WP(C).No.18490/2008 2 after 01.01.1996, will be entitled to have their pay fixed at Rs.14,940/- in the scale of pay of Rs.12000-420-18300 on completion of five years in the Selection Grade. Ext.P3 also contains such a stipulation. 3. The respondents do not dispute the fact that the petitioners were placed in the Selection Grade on the dates mentioned above, after 1.1.1996. They also do not dispute the fact that the petitioners have completed five years in the Selection Grade. The petitioners are therefore entitled to have their pay fixed at the stage of Rs.14,940 in the scale of pay of Rs.12000-420-18300 with effect from the date on which they completed five years of service as Selection Grade Lecturers. I accordingly direct respondents 3 and 4 to take steps to draw and disburse to the petitioners arrears of salary and allowances on that basis. Payment of arrears of salary and allowances shall be disbursed to the petitioners within one month from today, if the share of the contribution payable by respondents 1 and 2 has already been received by the State Government. If respondents 1 and 2 have not so far paid their share of contribution to the State Government, the State Government shall sent a request in that regard to respondents 1 and 2 and the said respondents shall within one month from the date of receipt of such a request disburse the share of WP(C).No.18490/2008 3 contribution payable by them to the State Government. Respondents 3 and 4 shall thereupon pay the arrears of salary and allowances as directed above within one month from the date of receipt of the contribution payable by respondents 1 and 2. The writ petition is allowed to the extent indicated above. P.N.RAVINDRAN Judge TKS