IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 12249 of 2009(A) ------------------------------------- PETITIONER(S): -------------------------- 1. DR. P.BALAKRISHNAN, READER IN HINDI, PAYYANNUR COLLEGE, PAYYANNUR, EDAT, KANNUR. 2. R. SATHIANATHAN, LECTURER SELECTION GRADE, HEAD OF DEPARTMENT, DEPARTMENT OF ECONOMICS, PAYYANNUR COLLEGE, PAYYANNUR, EDAT, KANNUR. 3. K.T.V.DIVAKARAN, LECTURER SELECTION GRADE, DEPARTMENT OF ECONOMICS, PAYYANNUR COLEGE, PAYYANNUR, EDAT, KANNUR. 4. T.M.K. ANANDAVALLY, LECTURER SELECTION GRADE, PAYYANNUR COLLEGE, PAYYANNUR, EDAT,KANNUR. 5. P.V.GOVINDAN, LECTURER SELECTION GRADE, DEPARTMENT OF HISTORY, PAYYANNUR COLLEGE, PAYYANNUR, EDAT, KANNUR. 6. RENJU.D., LECTURER SELECTION GRADE, B.C.M.COLLEGE, KOTTAYAM. 7. VALSALA THOMAS, LECTURER SELECTION GRADE BCM COLLEGE, KOTTAYAM. 8. MARY IPE,LECTURER SELECTION GRADE, BCM COLLEGE, KOTTAYAM. 9. AYSHU MANI, LECTURER SELECTION GRADE, BCM COLLEGE,KOTTAYAM. 10. AJI JOSEPH,LECTURER, SELECTION GRADE BCM COLLEGE,KOTTAYAM. 11. DR. A.GIRIJAKUMARI, LECTURER SELECTION GRADE, BCM COLLEGE, KOTTAYAM. 12. C.K.KUNJAMMANI,LECTURER SELECTION GRADE,BCM COLLEGE, KOTTAYAM. W.P.(C0 NO.12249/2009 13. MARY KURIAKOSE, LECTURER SELECTION GRADE, BCM COLLEGE,KOTTAYAM. 14. MARY THOMAS, LECTURER SELECTION GRADE, BCM COLLEGE,KOTTAYAM. 15. K.C.THRESIAMMA, RETIRED LECTURER SELECTION GRADE, BCM COLLEGE, KOTTAYAM. 16. K.J.VALSAMMA, LECTURER SELECTION GRADE IN MATHEMATICS, GOVERNMENT POLYTECHNIC, KADUTHURUTHY. BY ADV. MR.M.J.THOMAS RESPONDENT(S): ------------------------- 1. UNION OF INDIA REP. BY ITS SECRETARY, HUMAN RESOURCES DEPARTMENT,DEPARTMENT OF EDUCATION GOVERNMENT OF INDIA, NEW DELHI. 2. STATE OF KERALA REP. BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 3. THE UNIVERSITY GRANTS COMMISSION REP. BY ITS SECRETARY, BAHADUR SHAH ZAFAR MARG, NEWDELHI-110002. BY ADVS.MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 MR.S.KRISHNAMOORTHY, CGC FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12249/1009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 6.11.98 PASSED BY THE MINISTRY OF HUMAN RESOURCES DEPARTMENT. P2:- COPY OF THE JUDGMENT IN WPC. NO.36112/02 OF THIS HONOURABLE COURT. P3:- COPY OF THE COMMON JUDGMENT DT. 21.1.09 IN WA. 2067/08 WA. NO.1881/08, WA. 1394/08 AND WA. 1925/08. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.12249 of 2009-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2009. JUDGMENT The petitioners herein are working as Selection Grade Lecturers in various colleges. The 15th petitioner has already retired from service as Lecturer, Selection Grade. They are claiming the benefits of Ext.P3 judgment. According to the petitioners, they were deputed for career advancement progremme when the U.G.C. Scheme was implemented in the year 1998 with effect from 1.1.1996. The petitioners have stated in para 4 of the writ petition that they were promoted to Lecturer Selection Grade on 29.12.1996, 20.8.1996, 5.11.1997, 20.12.1997, 20.8.1996, 5.11.1997, 23.9.1997, 7.10.1997, 5.10.1997, 22.9.1997, 17.9.1996, 16.12.1997, 17.9.1996, 15.7.1997, 5.1.1997 and 19.3.1998 respectively. On completion of five years from the date of promotion to Lecturer Selection Grade, according to them, their salary has to be fixed at the minimum of Rs.14,940/- in the pay scale of Rs.12000-420-18300. 2. A similar issue was considered by a Division Bench of this court in Ext.P3 judgment in Writ Appeal No.1394/2008 and connected cases. After considering the various aspects, it was held in para 4 that “since the wpc 12249/2009 2 scheme itself has been introduced only with effect from 1.1.1996, even in the case of those who had completed five years prior to 1.1.1996, 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 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 Selection Grade. 3. There is no dispute that the said dictum will apply to the facts of this case. Therefore, there will be a declaration that the pay of the petitioners will have to be fixed at Rs.14,940/- on completion of five years in Selection Grade from 1.1.1996. Therefore, the second respondent will take appropriate action in the matter. The amount also will be disbursed accordingly within a period of four months from the date of receipt of a copy of this judgment. The conditions provided in the scheme as well as Ext.P3 judgment will govern the issue. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/