IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 18955 of 2009(L) -------------------------- PETITIONER(S): --------------- 1. DR.UNNY C.J., LECTURER SELECTION GRADE, DEPARTMENT OF ECONOMICS, CHRIST COLLEGE, IRINJALAKUDA. 2. V.O.DAVIS, LECTURER SELECTION GRADE, DEPARTMENT OF CHEMISTRY, CHRIST COLLEGE, IRINJALAKUDA. 3. THOMAS P.P., LECTURER SELECTION GRADE, DEPARTMENT OF PHYSICS, CHRIST COLLEGE, IRINJALAKUDA. 4. DR.S.SREEKUMAR, LECTURER SELECTION GRADE, DEPARTMENT OF GEOLOGY & ENV. SCIENCE, CHRIST COLLEGE, IRINJALAKUDA. 5. DR. K.A.STEPHANSON, LECTURER SELECTION GRADE, DEPARTMENT OF ECONOMICS, CHRIST COLLEGE, IRINJALAKUDA. 6. K.CHANDRAN, LECTURER SELECTION GRADE, DEPARTMENT OF HISTORY, CHRIST COLLEGE, IRINJALAKUDA. 7. DR. K.P.KURIAN (RETD.), LECTURER SELECTION GRADE, DEPARTMENT OF HINDI, CHRIST COLLEGE, IRINJALAKUDA. 8. LUCY JOSEPH, LECTURER SELECTION GRADE, DEPARTMENT OF ENGLISH, M.E.S.ASMABI COLLEGE, P.VEMBALLUR P.O., KODUNGALLUR- 680 671. 9. P.M.SABURABI, LECTURER SELECTION GRADE, DEPARTMENT OF ENGLISH, M.E.S.ASMABI COLLEGE, P.VEMBALLUR P.O., KODUNGALLUR- 680 671. 10. V.M.GEORGE, LECTURER SELECTION GRADE, DEPARTMENT OF COMMERCE, M.E.S.ASMABI COLLEGE, P.VEMBALLUR P.O., KODUNGALLUR- 680 671. WP(C).No. 18955 of 2009(L) 11. K.A.AHAMED, LECTURER SELECTION GRADE, DEPARTMENT OF COMMERCE, M.E.S.ASMABI COLLEGE, P.VEMBALLUR P.O., KODUNGALLUR- 680 671. 12. B.SOHARA BEEVI, LECTURER SELECTION GRADE, DEPARTMENT OF C BOTANY, M.E.S.ASMABI COLLEGE, P.VEMBALLUR P.O., KODUNGALLUR- 680 671. 13. V.K.ABDUL RASAK (RETD.), LECTURER SELECTION GRADE, DEPARTMENT OF COMMERCE, M.E.S.ASMABI COLLEGE, P.VEMBALLUR P.O., KODUNGALLUR- 680 671. 14. V.S.JAYAN, LECTURER SELECTION GRADE, DEPARTMENT OF PHYSICS, M.E.S.ASMABI COLLEGE, P.VEMBALLUR P.O., KODUNGALLUR- 680 671. 15. K.K.VAHEEDA, LECTURER SELECTION GRADE, DEPARTMENT OF BOTANY, M.E.S.ASMABI COLLEGE, P.VEMBALLUR P.O., KODUNGALLUR- 680 671. 16. DR. V.R.JAYALAKSHMY, LECTURER SELECTION GRADE, DEPARTMENT OF MALAYALAM, M.E.S.ASMABI COLLEGE, P.VEMBALLUR P.O., KODUNGALLUR- 680 671. 17. V.K.SAVITHRI, LECTURER SELECTION GRADE, DEPARTMENT OF MATHEMATICS,M.E.S.ASMABI COLLEGE,P.VEMBALLUR P.O., KODUNGALLUR- 680 671. 18. V.SHAILAJA, LECTURER SELECTION GRADE, DEPARTMENT OF MATHEMATICS,M.E.S.ASMABI COLLEGE,P.VEMBALLUR P.O., KODUNGALLUR- 680 671. 19. V.ABOOBACKER, LECTURER SELECTION GRADE, DEPARTMENT OF ECONOMICS, M.E.S.ASMABI COLLEGE, P.VEMBALLUR P.O., KODUNGALLUR- 680 671. 20. G.JAYAKUMARI, LECTURER SELECTION GRADE, DEPARTMENT OF ZOOLOGY, M.E.S.ASMABI COLLEGE, P.VEMBALLUR P.O., KODUNGALLUR- 680 671. 21. K.P.SUMEDHAN, LECTURER SELECTION GRADE, DEPARTMENT OF COMMERCE, M.E.S.ASMABI COLLEGE, P.VEMBALLUR P.O., KODUNGALLUR- 680 671. BY ADV. SRI.K.M.KURIAN SRI.P.VIJAYAKUMAR WP(C).No. 18955 of 2009(L) RESPONDENT(S): --------------- 1. UNION OF INDIA, MINISTRY OF HUMAN RESOURCE AND DEVELOPMENT, DEPARTMENT OF EDUCATION, NEW DELHI, REP. BY ITS DIRECTOR. 2. UNIVERSITY GRANTS COMMISSION, BEHADUR SHAH ZAFAR MARG, NEW DELHI-110 002, REPRESENTED BY ITS SECRETARY. 3. GOVERNMENT OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR. 5. THE PRINCIPAL, CHRIST COLLEGE, IRINJALAKUDA. 6. THE PRINCIPAL, M.E.S. ASMABI COLLEGE, P.VEMBALLUR P.O., KODUNGALLUR-680 671. ADV. SRI.S.KRISHNAMOORTHY, CGC FOR R1 & 2 SRI.BABU KARUKAPADATH FOR R6 SMT.M.A.VAHEEDA BABU FOR R6 SRI.P.G.PRAMOD FOR R6 SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18955 of 2009(L) A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF G.O.(P).NO.171/99/(H.EDN) EXT.P2 TRUE COPY OF THE JUDGMENT IN W.A.NO.1881/2008 EXT.P3 TRUE COPY OF JUDGMENT IN WPC 18781/2008 \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18955/2009-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of August, 2009 J U D G M E N T The petitioners 1 to 21 herein are Selection Grade Lecturers of the different departments of 5th and 6th Respondents’ College. They have moved to the Selection Grade on different dates detailed in paragraph (1) of the writ petition. 2. The matter relates to the granting of benefit of the U.G.C Scheme to the petitioners. It is pointed out that in Ext.P1 Scheme, going by Appendix ‘I A’, a person who is in position as Lecturer (Selection Grade Reader) as on 01/01/1996, will be given a minimum pay of Rs.14,940/- in the revised scale as and when they complete five years in the grade. The petitioners are relying upon Ext.P3 judgment of this Court in W.P.(C).No. 18781/2008 wherein, after referring to the judgment in W.A.No.1394/2008 and connected cases, directions were issued in respect of similarly placed Lecturers. In paragraph (4) of W.A.No.1394/2008 and connected cases, it was held thus:- “…….We make it clear that since the scheme itself has been introduced only with effect from 01/01/1996, W.P.(C). No.18955/2009 -:2:- 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 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. It is declared that petitioners, who satisfy the same are entitled for similar relief. The fourth respondent is hereby directed to verify the individual particulars relating to the petitioners and take appropriate action to disburse the eligible benefits within a period of two months from the date of receipt of a copy of the judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms