IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 19347 of 2007(C) -------------------------- PETITIONER(S): --------------------- DR.K.MOHANAN PILLAI, PRINCIPAL, DEVASWOM BOARD COLLEGE, PARUMALA, MANNAR. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, HIGHER EDUCATION DEPT., SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.ANTONY MUKATHFOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19347/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 3RD RESPONDENT IN WP NO.21785/05. EXT.P2: TRUE COPY OF THE JUDGMENT DT 16.10.06 IN WPC NO.21785/05 OF THIS HON'BLE COURT. EXT.P3: TRUE COPY OF THE PROCEEDINGS DT 1.12.06 OF THE SECRETARY TDB. EXT.P4: TRUE COPY OF THE LETTER DT 8.1.2007 FROM THE REGISTRAR, MG UNIVERSITY TO THE TDB. EXT.P5: TRUE COPY of THE ORDER NO.UGC.CELL.II(1) 50624/2006/COLL.EDN. DT 4.6.2007 OF THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF THE GO(MS) NO.21/2001/H.EDN. DT 23.2.2001 OF THE 1ST RESPONDENT. EXT.P7: TRUE COPY OF THE GO(MS) NO.20/2002/H.EDN. DT 1.2.2002 OF THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 19347 OF 2007 (C) ===================== Dated this the 18th day of May, 2010 J U D G M E N T Petitioner was appointed as a Selection Grade Lecturer under the Devaswom Board College, Parumala w.e.f. 15/5/2000, he was appointed as Principal of the College. It is stated that the appointment was approved by the University. While appointing him as Principal, he was given pay in the scale of Rs.12000- 18300. However, petitioner claimed pay in the scale of Rs.16400- 22400, which is applicable to Principal (Professor Grade). That claim was not accepted. Thereupon he filed WP(C) No.21785/05 before this Court. In that writ petition, Ext.P1 counter affidavit was filed by the 3rd respondent therein. The writ petition was finally disposed of by Ext.P2 judgment directing that a proposal relating to the promotion of the petitioner be made to the University. The direction in the judgment was thereafter modified and the proposal was ordered to be made to the Director of Collegiate Education. 2. Accordingly, the Director considered the matter and finally issued Ext.P5 rejecting the claim of the petitioner for pay in WPC No. 19347/07 :2 : the scale of Rs.16,400-22,400, the scale which is applicable to Principal (Professor Grade). The reasons stated in Ext.P5 are that by GO(MS) No.171/99/H.Edn. dated 21.12.99. though two grades of Principals have been created, the same has not been implemented in the Arts and Science Colleges run by the Government and in the Aided Colleges. It is also stated that by GO(MS) No.121/93/H.Edn. dated 8.9.93, issued while implementing UGC scale, 19 Aided Colleges were identified by Government as eligible for Special Grade Principals. It is stated that Devaswom Board College, Parumala is not included in the list of the said colleges, and therefore, the petitioner cannot claim pay in the higher scale. 3. Learned counsel for the petitioner relied on the provisions contained in GO(Ms) No.171/99 dated 21/12/1999 issued by the Government on Revised UGC scheme 1998 to sustain his claim. According to him, the stand taken in Ext.P5 runs counter to the terms of the Government Order itself. 4. On behalf of the respondents, the reasons stated in Ext.P5 were reiterated by the learned Government Pleader. It was contended that the petitioner is eligible only for pay in the scale WPC No. 19347/07 :3 : of Principal (Reader Grade) and that the same has been paid. 5. As already seen, the definite stand of the respondents is that no post of Principal (Professor Grade) has been created in Government/Affiliated Arts and Science Colleges in the State. It is also their stand that the Government have identified 19 colleges in the State on the basis of the student strength and that the Devaswom Board College, Parumala is not included in the list. Such identification of 19 colleges was done as per Government Order dated 8/9/93, which is long prior to the issuance of GO(P) No.171/99 dated 21.12.99. In para 5.2 of the GO(P) No.171/99, it is specifically stated that the total number of Special Grade Principals in Government/Private Colleges will be retained as such inspite of the possible reduction in students strength in some of the Colleges and that the categorisation of colleges into Special Grade based on student strength and number of post graduate courses will be dispensed with. Therefore, para 5.2 of GO(P) No.171/99 shows that total number of Special Grade Principals in Government/Private Colleges was already fixed based on student strength and number of post graduate courses. It is also ordered that the number so fixed will be retained as such. The pleadings WPC No. 19347/07 :4 : show that such fixation has been done by the Government by Government order dated 8/9/93. The number so fixed is 19 and the petitioner's college is not included in the said number. If that be so, petitioner is outside the number identified, and if so, the petitioner cannot claim pay as applicable to Special Grade Principals. Therefore, the implementation of the UGC Scheme has not in any manner diluted the identification of 19 Colleges done by the State. If so, the claim of the petitioner has to fail on this ground itself. That apart, there is nothing on record to prove the averment in the counter affidavit that no post of Professor Grade Principal has been created in Affiliated Arts and Science Colleges in the State is correct. Therefore, these two reasons assigned in Ext.P5 are unassailable. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp