IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 15939 of 2009(J) ------------------------------- PETITIONERS: ---------------- 1. DR.PHILO FRANCIS, READER IN COMMERCE, DEPARTMENT OF COMMERCE, ST. JOSEPH'S COLLEGE, IRINJALAKUDA -680 121, THRISSUR. 2. SMT. RANI PAUL UKKAN, READER & HEAD DEPARTMENT OF ENGLISH, ST. JOSEPH'S COLLEGE, IRINJALAKUDA-680 121,THRISSUR. 3. SMT. GRACYAMMA JOSEPH, LECTURER SELECTION GRADE, DEPARTMENT OF PHYSICS, ST. JOSEPHS' COLLEGE, IRINJALAKUDA-680 121,THRISSUR. 4. SMT. ALPHONSA K.T. LECTURER SELECTION GRADE, DEPARTMENT OF ZOOLOGY, ST. JOSEPHS' COLLEGE, IRINJALAKUDA-680 121,THRISSUR. 5. PHILOMENA MATHEW, LECTURER SELECTION GRADE, DEPARTMENT OF BOTANY, ST. JOSEPHS' COLLEGE, IRINJALAKUDA-680 121,THRISSUR. 6. DR.ROSABELLA K. PUTHUR, READER IN CHEMISTRY, ST. JOSEPHS' COLLEGE, IRINJALAKUDA-680 121,THRISSUR. 7. SMT. ANNIE JOSEPH K., LECTURER SELECTION GRADE, DEPARTMENT OF MATHEMATICS, ST. JOSEPHS' COLLEGE, IRINJALAKUDA-680 121,THRISSUR. 8. SMT. RANI M.J.,LECTURER SELECTION GRADE, DEPARTMENT OF MATHEMATICS, ST. JOSEPHS' COLLEGE, IRINJALAKUDA-680 121,THRISSUR. 9. DR.SR. ALPHONSA O.A., READER IN HISTORY, ST. JOSEPH'S COLLEGE, IRINJALAKUDA- 680 121,THRISSUR. WP(C).No. 15939/2009 10. SMT. PHILOMINA M.T.LECTURER SELECTION GRADE, DEPARTMENT OF MATHEMATICS, ST. JOSEPHS' COLLEGE, IRINJALAKUDA-680121,THRISSUR 11. EGY T.PAUL,LECTURER, SELECTION GRADE DEPARTMENT OF BOTANY. ST. JOSEPHS' COLLEGE, IRINJALAKUDA-680 121, THRISSUR. 12. SMT. BEENA ANTO K., LECTURER SELECTION GRADE, DEPARTMENT OF BOTANY. ST. JOSEPHS' COLLEGE, IRINJALAKUDA-680 121, THRISSUR. 13. SMT. JESSY PAUL, LECTURER SELECTION GRADE, DEPARTMENT OF PHYSICS, ST. JOSEPHS' COLLEGE, IRINJALAKUDA-680 121, THRISSUR. 14. DR. JANCY DAVY, LECTURER SELECTION GRADE, DEPARTMENT OF COMMERCE, ST. JOSEPHS' COLLEGE, IRINJALAKUDA-680 121, THRISSUR. 15. SMT. MARIAMMA N.K., LECTURER SELECTION GRADE, DEPARTMENT OF BOTANY ST. JOSEPHS' COLLEGE, IRINJALAKUDA-680 121, THRISSUR. 16. SMT. ALPHONSA A.K., LECTURER SELECTION GRADE DEPARTMENT OF SOCIOLOGY ST. JOSEPHS' COLLEGE, IRINJALAKUDA-680 121, THRISSUR. 17. SMT. PEARLY SEBASTIAN CHITTILAPPILLY READER, DEPARTMENT OF CHEMISTRY, ST. JOSEPHS' COLLEGE, IRINJALAKUDA-680 121, THRISSUR. 18. DR. VALSA JOHN C, HEAD OF THE DEPARTMENT OF ECONOMICS, ST. JOSEPH'S COLLEGE, IRINJALAKUDA-680 121, THRISSUR. 19. SMT. SARALA JOYCE CHRISTOPHER, LECTUERER SELECTION GRADE, DEPARTMENT OF ENGLISH, ST. JOSEPH'S COLLEGE, IRINJALAKUDA- 680 121, THRISSUR. BY MR.B.MOHANLAL, ADVOCATE. WP(C).No. 15939/2009 RESPONDENTS: ------------------ 1. UNION OF INDIA, MINISTRY OF HUMAN, RESOURCES DEVELOPMENT, (DEPT OF EDUCATION) NEW DELHI, REP. BY ITS DIRECTOR. 2. UNIVERSITY GRANTS COMMISSION, BEAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002, 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 MR.S.KRISHNAMOORTHY, CGC FOR R2 MS.T.B. REMANI, SR. GOVERNMENT PLEADER. MR.P. PARAMESWARAN NAIR, ASST. SOLICITOR GENERAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2009, ALONG WITH WP(C) No.16781 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15939/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER No.GA(II)/SPL.CELL-1/1948/1998 DTD. 30.12.98 ISSUED BY CALICUT UTY. EXT. P1(a) : COPY OF ORDER No.GA(II)/SPL. CELL-1/5627/99 DTD. 20.3.00 ISSUED BY CALICUT UTY. EXT. P1(b) : COPY OF ORDER No.G.A.(II) SPL.CELL/1/1072/2002 DTD. 7.6.02 ISSUED BY CALICUT UTY. EXT. P1(c) : COPY OF ORDER No.G.A.(II) SPL. CELL-1/1074/2002 DTD. 7.6.02 ISSUED BY CALICUT UTY. EXT. P1(d) : COPY OF ORDER No.GA(11)SPL. CELL-1/1075/2002 DTD. 7.6.02 ISSUED BY CALICUT UTY. EXT. P1(e) : COPY OF ORDER No.G.A.(11) SPL. CELL-1/10-A/2000 DTD. 6.4.00 ISSUED BY CALICUT UTY. EXT. P2 : COPY OF LETTER DTD. 27.7.98 ISSUED BY R1 ALONG WITH REVISED SCALE OF PAY OF TEACHERS AND OTHER ACADEMIC STAFF IN THE UNIVERSITIES AND COLLEGES. EXT. P3 : COPY OF CLARIFICATION LETTER DTD. 22.9.98 ISSUED BY R1. EXT. P4 : COPY OF NOTIFICATION DTD.6.11.98 ISSUED BY R1. EXT. P5 : COPY OF COMMON JUDGMENT DTD. 16.1.08 IN W.P.(C) 3123/04 AND CONNECTED MATTERS OF THIS HON'BLE COURT. EXT. P6 : COPY OF COMMON JUDGMENT DTD. 21.1.08 IN W.A.No.1394/08, 1881/08, 1925/08, 2067/08 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------------- W.P.(C) Nos.15939 & 16781 OF 2009 --------------------------------------------- Dated this the 21st day of August, 2009. J U D G M E N T In these two writ petitions, the petitioners are Selection Grade Lecturers and Readers in different Departments in different Colleges. The detailed particulars of the petitioners have been shown in the writ petitions itself. 2. The main relief sought for in the writ petitions is for a direction to the respondents 3 to 5 to issue necessary orders by fixing the pay of Rs.14,940/- when the petitioners complete five years service in the Selection Grade, in the light of Exhibits P5 and P6 judgments of this Court wherein the said benefit has been granted to similarly placed Selection Grade Lecturers. 3. The University Grants Commission is the 2nd respondent in these writ petitions. Mainly it is contended that the U.G.C scheme provides for a cut off date as 01.04.2000 whereby the entire liability on account of revision of pay scales etc. will have to be taken over by the State Government. It is therefore, W.P.(C) No.15939 & 16781/09 2 submitted that the Central Government and the U.G.C cannot be saddled with any liability as far as the persons like the petitioners are concerned. 4. Heard the learned counsel for the petitioners, learned Government Pleader and the learned standing counsel for the U.G.C. 5. The mention need be made only in respect of the directions in Exhibit P6 since it is a judgment in Writ Appeal No.1394/2008 and connected cases. Paragraph 4 of the said judgment reads as follows: “..........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 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. Since the petitioners are similarly placed, they are also entitled for the said benefit. W.P.(C) No.15939 & 16781/09 3 In the light of the fact that the petitioners are entitled for the benefit, there will be a direction to the Deputy Director of Collegiate Education to verify the particulars regarding the petitioners and extend the benefit granted by this Court in Exhibits P5 and P6 judgments to them within a period of three months from the date of receipt of a copy of this judgment. These writ petitions are disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp