IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 9985 of 2009(P) ------------------------------------ PETITIONER(S): ------------------------ 1. SMT.M.JAYASREE, LECTURER , SELECTION GRADE, DEPARTMENT OF POLITICAL SCIENCE, CARMEL COLLEGE, MALA, THRISSUR DIST. 2. SMT. K.GIRIJA, LECTURER SELECTION GRADE DEPARTMENT OF PHYSICS, CARMEL COLLEGE, MALA, THRISSUR DIST. 3. SMT.ROSILY.A. VAZHAPPALLY, LECTURER SELECTION GRADE, DEPARTMENT OF CHEMISTRY, CARMEL COLLEGE, MALA, THRISSUR DIST. 4. SMT. ALEYAMMA ITTY.K., LECTURER, SELECTION GRADE, DEPARTMENT OF STATISTICS, CARMEL COLLEGE,MALA,THRISSUR DIST. 5. SMT. SHEELA.P.V. LECTURER, SELECTION GRADE,(RETIRED),DEPARTMENT OF ZOOLOGY, CARMEL COLLEGE, MALA, THRISSUR DIST. 6. SR.CICILY.K.L., LECTURER SELECTION GRADE(RETIRED),DEPARTMENT OF MALAYALAM,CARMEL COLLEGE, MLALA, THRISSUR DIST. 7. SR.VALSA A.T., LECTURER, SELECTION GRADE (RETIRED),DEPARTMENT OF HISTORY, CARMEL COLLEGE, MALA, THRISSUR DISTRICT. 8. SR.MARY KURUVILA, LECTURER SELECTION GRADE(RETIRED), DEPARTMENT OF MAHTHEMATICS, CARMEL COLLEGE, MALA, THRISSUR DIST. 9. SMT. HEMALATHA.A.,LECTURER, SELECTION GRADE (RETIRED) DEPARTMENT OF PHYSICS, CARMEL COLLEGE, MALA, THRISSUR DISTRICT. W.P.(C) NO.9985/2009 10. SMT. K.RAJALAKSHMI AMMA, LECTURER SELECTION GRADE (RETIRED) DEPARTMENT OF HISTORY, CARMEL COLLEGE, MALA, THRISSUR DIST. BY ADV. MR.B.MOHANLAL RESPONDENT(S): ---------------------------- 1. UNION OF INDIA, MINISTRY OF HUMAN RESOURCE DEVELOPMENT (DEPARTMENT OF EDUCATION), NEW DELHI, REP. BY ITS DIRECTOR. 2. UNIVERSITY GRANTS COMMISSION, BEHADUR SHAH ZAFAR MARG, NEW DELHI-110002, REP. BY ITS SECRETARY. 3. STATE OF KERALA REP. BY PRINCIPAL SECRETARY, HIGHER EDUCATION(C)DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF COLLEGIATE EDUCATION, KERALA STATE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 5. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR. BY ADV.MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 BY ADVS. MR.S.KRISHNAMOORTHY, CGC FOR R1 & R2 BY GOVT. PLEADER SMT.T.B.RAMANY FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9985/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.GA.II/SPECIAL CELL 1/3584/99 DT.2.2.2000 ISSUED BY THE CALICUT UNIVERSITY. P1(a):- COPY OF THE ORDER NO.GA.II/SPECIAL CELL 1/181/98 DT. 30.1.99 ISSUED BY THE CALICUT UNIVERSITY. P1(b):-COPY OF THE ORDER NO.GA. II/SPECIAL CELL 1/932/99 DT. 25.6.99 ISSUED BY THE CALICUT UNIVERSITY. P1(c):- COPY OF THE ORDER NO.GA. II/SPECIAL CELL/1/3199/98 DT. 25.3.99 ISSUED BY THE CALICUT UNIVERSITY. P1(d):- COPY OF THE ORDER NO. GA.11/SPECIAL CELL 1/4869/2001 DT. 20.4.02 ISSUED BY THE CALICUT UNIVERSITY. P2:- COPY OF THE LETTER DT. 27.7.98 ISSUED BY THE IST RESPONDENT IN RESPECT OF THE REVISED PAY SCALES AND OTHER PROVISIONS OF THE SCHEME. P3:- COPY OF THE CLARIFICATION LETTER DT. 22.9.98 ISSUED BY THE IST RESPONDENT. P4:- COPY OF THE NOTIFICATION DT. 6.11.98 ISSUED BY THE IST RESPONDENT. P5:- COPY OF THE GOVERNMENT ORDER GO(P) NO.171/99/H.EDN. DT. 21.12.99 ISSUED BY THE 3RD RESPONDENT. P6:- COPY OF THE COMMON JUDGMENT DT. 16.1.2008 IN WPC. NO.3123/04 AND CONNECTED MATTERS OF THIS HONOURABLE COURT. P7:- COPY OF THE COMMON JUDGMENT DT. 21.1.08 IN WA. NO.1394/08/1881/08, 1925/08, 2067/08 OF THIS HONOURABLE COURT. P8:- COPY OF THE ORDER DT. 3.3.09 IN WPC. 18781/08 OF THIS HONOURABLE COURT. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.9985 OF 2009 --------------------------------------- Dated this the 8th day of June, 2009. J U D G M E N T The petitioners 1 to 4 are functioning as Selection Grade Lecturers in Carmel College, Mala and the petitioners 5 to 10 have retired from service from the same college. The main relief sought for in the writ petition is for a direction to the respondents to rectify the anomalies pointed out by the petitioners in respect of the Revision of Pay Scales fixed under revised U.G.C Scheme and sanction the difference of pay and other consequential benefits to the petitioners in the light of Exts.P6 to P8. 2. It is submitted that the matter is covered by Exhibits P7 and P8 judgments of this Court. In paragraph 4 of Exhibit P7 judgment it was held thus:- “.......We make it clear that since the scheme itself has been introduced only with effect from 01.01.1996, even in the case of those teachers who had completed five years prior to 01.01.1996, they will be entitled to the scale of pay of Rs.14,940/- only with effect from 01.01.1996. Those teachers W.P.(C) No.9985/2009 2 who were Lecturers as on 01.01.1996 and who were subsequently placed in the Selection Grade after 01.01.1996, they will be entitled to draw the scale of pay of Rs.14,940/- on completion of five years in the Selection Grade”. 3. In Exhibit P8 judgment, which was filed by similarly placed petitioners, this Court directed thus:- “.....those among the petitioners who were Lecturers as on 1.1.1996 and who were subsequently placed in the Selection Grade after 1.1.1996 will be entitled to have their pay fixed at Rs.14,940/- in the scale of pay of 12000-420-18300 on completion of five years service as Selection Grade Lecturers....” In the light of the above, there will be a direction to respondents 4 and 5 to disburse similar benefits to the petitioners in terms of the directions contained in Exhibits P7 and P8 judgments within a period of four months from the date of receipt of a copy of this judgment. The further directions issued by this Court in Exhibits P7 and P8 judgments will govern this case also. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp