IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 32093 of 2008(U) --------------------------------------- PETITIONERS: --------------------- 1. DR.LEELAMMA.M, SENIOR PROFESSOR, DEPARTMENT OF COMMERCE, MARTHOMA COLLEGE FOR WOMEN, PERUMBAVOOR. 2. SMT. LALLY MATHEW, PROFESSOR, DEPARTMENT OF ECONOMICS MARHOMA COLLEGE FOR WOMEN, PERUMBAVOOR. 3. SMT. GEETHAKUMARI. K.M, PROFESSOR, DEPARTMENT OF COMMERCE, MARTHOMA COLLEGE FOR WOMEN, PERUMBAVOOR. 4. DR. SUSAN GEORGE, PROFESSOR, DEPARTMENT OF ENGLISH, MARTHOMA COLLEGE FOR WOMEN, PERUMBAVOOR. 5. DR. MARIAM KURUVILA JOSEPH, PROFESSOR DEPARTMENT OF ENGLISH, MARTHOMA COLLEGE FOR WOMEN, PERUMBAVOOR. 6. DR. ELIAYAMA SAJI VARGHESE, DEPARTMENT OF ZOOLOGY, MARTHOMA COLLEGE FOR WOMEN, PERUMBAVOOR. 7. DR. LISY CHERIAN, DEPARTMENT OF MATHEMATICS, MARTHOMA COLEGE FOR WOMEN, PERUMBAVOOR. 8. DR. JOLLY, K. JOSHY, PROFESSOR, DEPARTMENT OF BOTANY, MARTHOMA COLLEGE FOR WOMEN, PERUMBAVOOR. 9. SMT. LAILA JOSEPH, PROFESSOR, DEPARTMENT OF CHEMISTRY, ST. XAVIORS COLLEGE FOR WOMEN, ALUWAYE, W.P.(C). NO.32093/2008-U: 10. SMT. MITTY.C.J, PROFESSOR, DEPARTMENT OF CHEMISTRY, ST. XAVIORS COLLEGE FOR WOMEN, ALUWAYE. 11. SMT. LATHA DEVI P.K. PROFESSOR, DEPARTMENT OF PHYSICS, ST. XAVIER'S COLLEGE FOR WOMEN, ALUWAYE. 12. SMT. MARY M.J., PROFESSOR, DEPARTMENT OF BOTANY,ST. XAVIER'S COLLEGE FOR WOMEN, ALUWAYE. 13. SMT. MERY M.J., PROFESSOR, DEPARTMENT OF MATHEMATICS, ST. XAVIER'S COLLEGE FOR WOMEN, ALUWAYE. 14. DR. SYBILE PIUS FERNANDEZ, PROFESSOR, DEPARTMENT OF COMMERCE, ST. XAVIER'S COLLEGE FOR WOMEN, ALUWAYE. 15. DR. PATRICA JANET NETTO, PROFESSOR, DEPARTMENT OF COMMERCE, ST.XAVIER'S COLLEGE FOR WOMEN, ALUWAYE. 16. DR. PAULY T.F., PROFESSOR, DEPARTMENT OF ENGLISH, ST. XAVIER'S COLLEGE FOR WOMEN, ALUWAYE. 17. DR. PARVATHY T.P., PROFESSOR, DEPARTMENT OF CHEMISTRY, ST. XAVIER'S COLLEGE FOR WOMEN, ALUWAYE 18. DR. LIZAMMA MANUAL, PROFESSOR, DEPARTMENT OF CHEMISTRY, ST. XAVIERS COLLEGE FOR WOMEN, ALUWAYE. BY ADV. MR.N.ANILKUMAR. RESPONDENTS: ------------------------ 1. GOVERNMENT OF INDIA, MINISTRY OF HUMAN RESOURCE DEPARTMENT (DEPARTMENT OF EDUCATION) NEW DELHI, REPRESENTED BY DIRECTOR. W.P.(C). NO.32093/2008-U: 2. UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH, ZAFAR MARG, NEW DELHI – 110 002, REPRESENTED BY SECRETARY. 3. GOVERNMENT OF KERALA, HIGHER EDUCATION (C) DEPARTMENT, TRIVANDRUM BY PRINCIPAL SECRETARY. 4. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. R1 BY MR.P.PARAMESWARAN NAIR,ASST.S.G, R2 BY MR.S.KRISHNAMOORTHY ,S.C. R3 & R4 BY SR. GOVT. PLEADER MR. P.K. RAVIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32093/2008-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 27/07/98 ALONG WITH THE REVISED SCALE OF PAY TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES ISSUED BY THE R.1. EXT.P.2: COPY OF THE LETTER DTD. 22/09/1998 ISSUED BY RESPONDENT. EXT.P.3: COPY OF THE LETTER DTD. 06/11/1988 OF THE R.1. EXT.P.4: COPY OF THE ORDER ISSUED BY THE R.3. NO. G.O.(P).NO.171/99/H. EDN. DTD. 21/01/99. EXT.P.5: COPY OF THE REPRESENTATION DTD. 22/08/2001 BEFORE THE HONOURABLE MINISTER FOR EDUCATION SUBMITTED BY THE KERALA PRIVATE COLLEGE TEACHERS ASSOCIATION. EXT.P.6: COPY OF THE REPRESENTATION DTD. 20/11/02 BEFORE THE R.2. BY THE PRIVATE COLLEGE TEACHERS ASSOCIATION. EXT.P.7: COPY OF THE COMMON ORDER DTD. 16/01/2008 IN W.P.(C).3123/04 PASSED BY THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.32093 of 2008 -------------------------------------- Dated 8th April, 2009 JUDGMENT Heard Sri.N.Anilkumar, the learned counsel appearing for the petitioners, Sri.P.Parameswaran Nair, the learned Assistant Solicitor General of India appearing for the Government of India, Sri.S.Krishnamoorthy, the learned Standing Counsel appearing for the University Grants Commission and Sri.P.K.Ravikrishnan, the learned Government Pleader appearing for the State of Kerala. 2. The petitioners are Selection Grade Lecturers working in various aided colleges in the State of Kerala. Their grievance is that though they have been placed in the Selection Grade with effect from various dates after 1.1.1996, their request for fixation of pay at Rs.14,940/= in the scale of pay of Rs.12000-420-18300 has not so far been granted. The learned counsel appearing on either side agree that a Division Bench of this Court has by judgment delivered on 21.1.2009 in W.A.No.1394 of 2008 and connected cases held that those Lecturers who were placed in the Selection Grade after 1.1.1996 will be entitled to draw salary at the stage of Rs.14,940/= in the scale of pay of Rs.12000- 420-18300 on completion of five years in the Selection Grade. In view of the above judgment of the Division Bench of this Court, the petitioners WP(C).No.32093/2008 2 submit that they are not pursuing the other reliefs prayed for in this writ petition and that they will be satisfied if a direction similar to the one issued by this Court in the judgment delivered on 21.1.2009 in W.A.No.1394 of 2008 and connected cases is issued in this case also. In view of the judgment delivered on 21.1.2009 in W.A.No.1394 of 2008 and connected cases, I dispose of this writ petition with a direction that those among the petitioners who were Lecturers as on 1.1.1996 and 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 Rs.12000-420-18300 on completion of five years service as Selection Grade Lecturers. The competent authority among the respondents shall disburse the consequential benefits to the petitioners within a period of four months from the date of receipt of a certified copy of this judgment. Respondents 1 and 2 shall make available to the State Government their share of contribution if it has not so far been made available, within two months from the date of receipt of a request in that regard from the State Government. The writ petition is disposed of as above. P.N.RAVINDRAN Judge TKS