IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 OP.No. 20798 of 2002(A) --------------------------------- PETITIONER: ------------------- RAJU V.KUTTIKKAL, LECTURER, SELECTION GRADE, ST.BERCHMEN'S COLLEGE, CHANGANACHERRY, KOTTAYAM. BY ADV. SRI.SIBY J.MONIPPALLY RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. 2. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. BY GOVERNMENT PLEADER SMT.SMITHA BABU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.20798/2002 ORDER ON CMP. NO.35798/2002 IN OP. NO.20798/2002 DISMISSED 18.03.2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER DT. 11.12.01 ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. EXT.P2:- COPY OF THE ORDER UNDER THE READY RECKONER. /TRUE COPY/ P.S.TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.20798 of 2002-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2008. JUDGMENT The petitioner has approached this court claiming refixation of salary at Rs.14940/- with effect from 1.1.1996 consequent on the implementation of UGC scales. As per Ext.P1, his claim was rejected on the ground that he had obtained placement as Selection Grade Lecturer only on 27.9.1998. 2. The petitioner is relying upon Ext.P2, a communication from the Government to the Accountant General, to contend for the position that Lecturers who are in the grade of Rs.4,325/- are entitled to get their pay fixed at Rs.14,940/- with effect from 1.1.1996. It is also contended that completion of five years in the grade is not an additional criteria for refixation of the pay. 3. The second respondent has filed a statement explaining the stand taken in Ext.P1. It is averred that as per Appendix A of G.O.(P) No.171/99/H.Edn. Dated 21.12.1999, G.O.(P) No.71/99/H.Edn. Dated 31.12.1999 and Ready Reckoner given in G.O.(P) No.110/2000/D.En. Dated 4.7.2000, those teachers who have rendered five years of service in the selection grade as on 1.1.1996 are only eligible for getting their pay OP 20798/2002 -2- fixed at Rs.14, 940/-. As on 1.1.1996, the petitioner had not completed five years in the selection grade and he became Lecturer Selection Grade with effect from 27.9.1993 only. He had completed five years in the Selection Grade on 26.9.1998 and is eligible to get his pay fixed at Rs.14940/- with effect from 27.9.1998 only. 4. Going by the scheme, it is clear that G.O.(P) No.110/2000 dated 4.7.2000 provides the specific method as regards the fixation of salary in such cases. Therein, it is specifically mentioned that for those teachers who have rendered five years of service in the Selection grade on 1.1.1996, the pay has to be fixed at Rs.14,940/-. As pointed out in the statement, the foot note of Ext.P2 also will show that pay has to be fixed at Rs.14940/- for those teachers who have rendered five years of service in the Selection grade as on 1.1.1996 as per the Government letter dated 6.11.1998. 5. It cannot be disputed that these orders are binding on the petitioner and they cover the entire scheme. Therefore, the view taken in Ext.P1 is perfectly justified. The original petition is devoid of any merit and the same is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) OP 20798/2002 -3- T.Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.20798 of 2002-A - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 18th March, 2008.