IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 OP.No. 1895 of 2003(A) ----------------------------------- PETITIONER(S): ----------------------- SANTHA K.V., LIBRARIAN, CALICUT ADARSHA SANSKRIT VIDYAPEETHA BALUSSERY. BY ADV. SRI.K.RAMAKUMAR (SR.) RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO DEPARTMENT OF EDUCATION, H.R.D.MINISTRY, GOVERNMENT OF INDIA, NEW DELHI. 2. THE DIRECTOR, RASHTRIYA SANSKRIT SANSTHAN, NEW DELHI. 3. THE CHAIRMAN, CALICUT ADARSHA SANSKRIT VIDYAPEETHA P.O.BALUSSERY, CALICUT - 673 612. ADV. SRI.T.SANJAY, ADDL.CGSC FOR R1 TO 3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.3434/2003 IN OP. NO.1895/2003 Dismissed 10.11.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE SCHEME FOR FINANCIAL ASSISTANCE TO INSTITUTIONS RECOGNISED AS ADARSHA SANSKRIT MAHAVIDYALAYAS. P2:- COPY OF THE MEMO DT. 22.2.01 ISSUED BY THE PRINCIPAL CALICUT ADARSHA SANSKRIT VIDYAPEETH. P3:- COPY OF THE REPRESENTATION DT. 23.2.01 SUBMITTED BY THE PETITIONER BEFORE R2. P4:- COPY OF THE JUDGMENT DT. 6./11.02 IN OP. NO.32587/02. P5:- COPY OF THE COMMUNICATION DT. 7.1.03 RECEIVED BY THE PETITIONER FROM R2. P6:- COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REISED SCALE DT. 13.3.01 ALONG WITH THE ENDORSEMENT GRANTING HIGHER GRADE TO THE PETITIONER. P7:- COPY OF THE LETTER DT. 22.12.2000 ADDRESSED TO THE 2ND RESPONDENT BY THE PRINCIPA. P8:- COPY OF THE ORDER DT. 13.2.98 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS R3(A):- COPY OF THE LETTER DT. 6.2.01 SENT BY THE 2ND RESPONDENT. R3(B):- COPY OF THE LETTER DT. 7.1.03 SENT BY THE 2ND RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- O.P. No.1895 of 2003 ----------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT Petitioner approached this court praying for a direction to the respondent to grant higher scale of pay. It is seen from the counter affidavit that it is only due to the ban imposed at the relevant time orders could not be passed. But it is to be seen that the post of Librarian under the 3rd respondent was created in the then existing scale of Rs.470-830 as early as on 16-3-1983 and apparently the petitioner alone is stagnating. Therefore, unless a new post is created, the grievance of the petitioner cannot be redressed. The ban had been in existence for quite some time. In case the ban on creation of posts under the 3rd respondent has not been lifted, there will be a direction to respondents 1 and 2 to review the ban order within a period of two months from the date of receipt of a copy of this judgment and based on the order thus passed by respondents 1 and 2, the 3rd respondent shall pass consequential orders within another one month. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.1895 of 2003 ----------------------------------- JUDGMENT 10th November, 2008