IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 35050 of 2010(E) -------------------------- PETITIONER(S): --------------- VASUDEVAN NAMBOORI.K.R., LIBRARIAN GRADE-I, NIRMALA COLLEGE, MUVATTUPUZHA. BY ADV. SRI.K.R.RADHAKRISHNAN NAYAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN 695 001. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN 695 001. 3. THE PRINCIPAL, NIRMALA COLLEGE, MUVATTUPUZHA, PIN 695 001. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.35050 of 2010 --------------------------------------------- Dated this the 1st day of December, 2010 JUDGMENT The petitioner is working as Librarian Grade – I in Nirmala College, Muvattupuzha, an aided college under the corporate management of Diocese of Kothamangalam. The Principal of the college forwarded the proposal for U.G.C. placement and promotion of the petitioner, before the Directorate of Collegiate Education. The proposal was returned by the Director of Collegiate Education. Challenging the order passed by the Director of Collegiate Education, the Principal of the college submitted Exhibit P3 representation dated 27.4.2004 to the Secretary, Higher Education Department. 2. Since the proposal for placement in senior grade under UGC scheme was not granted, the petitioner approached this Court in W.P.(C) No.8751 of 2005, which was disposed of WPC No.35050 of 2010 2 as per Exhibit P4 judgment, directing the Director of Collegiate Education to consider and dispose of the matter. Thereafter, the Director of Collegiate Education passed Exhibit P5 order dated 9.9.2005 holding thus : “In the absence of an enabling G.O. admitting UGC benefits to Librarian Grade – IV to promoted as Librarian Grade – I, the petitioner is not entitled for UGC benefits as claimed by the petitioner. Exhibit P3 proposal for awarding UGC benefits to the petitioner stand disposed accordingly.” 3. Thereafter, the Government issued Exhibit P6 G.O. (M.S.) No.50/08/H.Edn. Dated 9.5.2008, wherein it was provided thus : “5. (i) The Librarians who had UGC qualification, on 17.9.04 would be eligible to get salary in the UGC scale. Those who have BLISC WPC No.35050 of 2010 3 qualification as per the Statute and a minimum of 8 years service will also be eligible to get salary in UGC scale with effect from 17.9.04 giving relaxation to UGC qualification, on condition that they must acquire either UGC qualification within four years or qualify (pass) 4 refresher courses. They should execute a bond permitting to recover the extra salary and benefits received, if they fall to acquire the prescribed qualifications. In no case the managements shall be allowed to recruit new unqualified hands and claim this relaxation.” 4. In the light of Exhibit P6 Government Order, the Principal submitted Exhibit P7 proposal to the Director of Collegiate Education to grant U.G.C. placement to the petitioner. Exhibit P7 has not been disposed of. The Principal of the college submitted Exhibit P8 representation to the first respondent praying for issuing necessary direction to the Director of Collegiate Education for giving placement to the petitioner under the UGC scheme. Exhibit P8 is also not disposed of. WPC No.35050 of 2010 4 5. The reliefs prayed for in the Writ Petition are the following : “(i) issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to pass orders on Exhibits P7 and P8, placing the petitioner in the U.G.C. scale. (ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing first respondent to compel the second respondent to pass appropriate orders approving the pay fixation of the petitioner in the U.G.C. scale in view of the enabling G.O. (Exhibit P6). and (iii) to issue such other directions or orders as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case.” 6. The learned counsel for the petitioner submitted that WPC No.35050 of 2010 5 for the time being, it is sufficient, if the second respondent is directed to consider and dispose of Exhibit P7. 7. In the facts and circumstances of the case, the Writ Petition is disposed of as follows : (i) The second respondent, the Director of Collegiate Education, shall consider and dispose of Exhibit P7 submitted by the Principal of the college, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and the third respondent Principal. The petitioner would be free to bring to the notice of the Director about Exhibit P6 Government Order and the Director shall take note of the same and consider Exhibit P7 on the merits. WPC No.35050 of 2010 6 (ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the second respondent. (iii) The petitioner shall also send copy of the Writ Petition and copy of the judgment to the third respondent by registered post. He shall produce proof of the same before the Director of Collegiate Education. K.T.SANKARAN JUDGE csl