IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 11382 of 2005(E) -------------------------- PETITIONER(S): ------------------ V.MAMUKOYA (RETIRED PRINCIPAL, M.E.S. MAMPAD COLLEGE, MAMPAD, KOZHIKODE DISTRICT) "NAZRANA", ARAMBRAM, PADANILAM P.O.,KUNNAMANGALAM, KOZHIKODE. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. 4. THE UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., KOZHIKODE, REPRESENTED BY ITS REGISTRAR. ADV. SRI.S.GOPAKUMARAN NAIR, SC, CALICUT UTY FOR R4 GOVERNMENT PLEADER SMT.T.B.REMANI FOR R3 SRI.E.S.ASHRAF, SC, CALICUT UNIVERSITY FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.11382/05 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE G.O(MS) NO.57/91/H.EDN. DT 13.3.1991. EXT.P2: TRUE COPY OF THE ORDER NO.MES/AC/E-153/96 DT 25.4.1998 OF THE CORRESPONDENT AND CHAIRMAN, STANDING COMMITTEE ON MES COLLEGES. EXT.P3: TRUE COPY OF THE ORDER NO.GA.II/SPECIAL CELL 1/825.99 DT 29.7.1999 OF THE 4TH RESPONDENT UNIVERSITY. EXT.P4: TRUE COPY OF THE LETTER NO.UGC.CELL.I(1) 48557/2001/COLL.EDN. DT 22.10.2001 ADDRESSED TO THE 3RD RESPONDENT. EXT.P5: TRUE COPY OF THE LETTER NO.GA-II/SPL.CELL/1/825/99 DT 11.6.2002 OF THE 4TH RESPONDENT ADDRESSED TO THE 3RD RESPONDENT. EXT.P6: TRUE COPY OF THE LETTER NO.13020/D2/2003/H.EDN.DT 3.2.2004 OF THE 1ST RESPONDENT. EXT.P7: TRUE COPY OF THE G.O.(MS) NO.121/93/H.EDN DT 18.9.1993. EXT.P8: TRUE COPY OF THE G.O.(RT) NO.317/2003/H.EDN DT 7.3.2003. EXT.P9: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR EDUCATION DT 21.9.2004. EXT.P10: TRUE COPY OF THE LETTER NO.D1011116/2000 DT 9.5.2005 OF THE REGIONAL DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE ADDRESSED TO THE PRINCIPAL, M.E.S. MAMPAD COLLEGE. EXTS.OF R3 EXT.R3(a): TRUE COPY OF G.O(MS) NO.121/93/H.EDN DT 18.9.93. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 11382 OF 2005 (E) ==================== Dated this the 5th day of December, 2008 J U D G M E N T Petitioner was the Principal of MES College, Mampad, Kozhikode District. On 13/3/91, Government of Kerala issued Ext.P1 Government order providing for placement of the Principals into Special Grade, subject to the conditions mentioned in para 3 thereof, which is extracted below for reference. Government order that the Principals of Colleges with a minimum of 5 post Graduate Courses and student strength of more than 2000 will be placed in the scale of Rs.4500- 7300, provided they have put in a minimum of 16 years of service and are placed in Lecturer Selection Grade/Reader, Govt. also other Principals in the grade of Rs.3700-5700 taking into consideration the added responsibilities and duties assigned to them subject to the condition that they will not be entitled to any other benefit granted by the 5th Pay Commission . 2. It is stated that the petitioner's college satisfied the conditions specified in Ext.P1 Government order and the petitioner became entitled to the benefit of Special Grade w.e.f. 1/11/94. It would appear that in the meanwhile the Government issued Ext.P7 dated 18/9/93 containing a list of 19 colleges, which were entitled to the benefit of Ext.P1 and it is the admitted position that the petitioner's college did not figure in the list. WPC 11382/05 :2 : Despite that, on the footing that the college satisfied the conditions of Ext.P1, the benefit thereof was extended to the petitioner by Ext.P2 order dated 25/4/98 issued by the management. Ext.P2 was approved by the respondent University as per Ext.P3. Accordingly, the petitioner was receiving the benefit of placement in the Special Grade w.e.f. 1/11/94. 3. While he was thus enjoying the benefits, the 2nd respondent issued Ext.P4 to the 3rd respondent informing that since the petitioner's college does not figure in Ext.P7 list, alloting Special Grade to the petitioner was erroneous and that action should be taken for recovery of the amount that was paid. Petitioner submits that in view of Ext.P4, arrears of salary that was due was withheld. It would appear that the 3rd respondent took up the matter with the University and the University issued Ext.P5, affirming Ext.P2 and its approval by Ext.P3. Inspite of it, the respondents 2 and 3 stood by Ext.P4 and therefore the petitioner appears to have moved the 1st respondent, which rejected his claim by Ext.P6 order. It was in these circumstances, in order to get the benefit of Exts. P2 and P3 the writ petition has been filed. 4. Learned counsel for the petitioner made reference to Ext.P8, a Government order dated 7/3/2003, in which, special grade has been WPC 11382/05 :3 : granted to the Principal of PSMO College, Tirurangadi w.e.f. 23/11/98, as a special case. He also refers to his averment in para 12 of the writ petition, where it is stated that the Principal of Sri Guruvayoorappan College, Calicut also was given special grade in identical circumstances. Learned counsel for the petitioner contends that Ext.P1 Government order remained in force till 1999 when the system was dispensed with. According to the petitioner, the benefit of Ext.P1 could not have been restricted to those colleges which are included in Ext.P7 list and whichever college that had satisfied the conditions of Ext.P1 during the period when it remained in force, the Principals of such of those colleges are eligible for the benefits thereof. 5. However, the learned Government Pleader on the other hand would submit that Ext.P1 contemplated the preparation of a list of eligible colleges and that exercise was completed by the Government and list was published by Ext.P7. It is stated that admittedly the petitioners college did not figure in the list and therefore is ineligible for the benefit of Ext.P1. She also points out that the system itself has been dispensed with since 1999. 6. From the facts as noticed above, admittedly Ext.P1 provided WPC 11382/05 :4 : for placement of Principals in the special grade subject to satisfaction of the conditions mentioned therein. This Government order remained in force till 1999 when the system introduced by Ext.P1 was dispensed with. 7. On going through the provisions of the Government order, I am not inclined to accept the plea of the learned Government Pleader that the benefit is available only to those colleges which are included in Ext.P7 list. This conclusion of mine is fortified by Ext.P8 Government order by which the benefit of special grade was granted to a similarly situated person and that too w.e.f. 23/11/98. The reason for making such grant a special one is not discernible from the order. Therefore, it is not open to the Government to now contend that the petitioner who became eligible for the benefit of Ext.P1 from 1/11/94 is ineligible while at the same time yet another person is eligible w.e.f. 23/11/98. Petitioner also has a case that the Principal of Sri Guruvayoorappan College, Calicut was given similar benefit. If that be the real factual position, there is no justification for the stand taken in Exts. P4 and P6 and these orders therefore deserve to be set aside and I do so. 8. Respondents are directed to extend the benefit of Ext.P2 as confirmed by the University as per Ext.P3 to the petitioner and recovery WPC 11382/05 :5 : ordered by Ext.P10 will also stand set aside. Petitioner has a case that arrears for the period 1/1/96 to 31/5/98 has been withheld on account of Exts.P4 and P6. Now that these orders have been quashed, the respondents will take steps for releasing the arrears, if any, that are due to the petitioner without any further delay in the matter and at any rate, within two months of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp