IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 14467 of 2009(C) -------------------------- PETITIONER(S): --------------- 1. THOMAS.P.C, LECTURER, SELECTION GRADE (RETIRED), DEPARTMENT OF MALAYALAM, MALABAR CHRISTIAN COLLEGE KOZHIKODE. 2. DR. SRINIVASAN IRENE USHA, LECTURER SELECTION GRADE (RETIRED), DEPARTMENT OF ZOOLOGY, -DO- 3. SANTHAKUMARI VICTORIA GERSHON, LECTURER, SELECTION GRADE (RETIRED), DEPARTMENT OF MALAYALAM, -DO- 4. V. RAJAGOPAL, CONTROLLER OF EXAMINATIONS (UNIVERSITY OF CALICUT), KOZHIKODE, (FORMERLY WORKING AS LECTURER, SELECTION GRADE, DEPARTMENT OF PHYSICS, MALABAR CHRISTIAN COLLEGE, KOZHIKODE. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, HUMAN RESOURCES DEPARTMENT, DEPARTMENT OF EDUCATION, NEW DELHI. 2. THE UNIVERSITY GRANTS COMMISSION, BEHADUR SHAH ZAFAR MARG, NEW DELHI - 110 002, REPRESENTED BY ITS SECRETARY. 3. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 5. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. ADV. SRI.S.KRISHNAMOORTHY, CGC FOR R1 & 2 GOVERNMENT PLEADER SRI.A.J.VARGHESE FOR R3 TO R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.14467/2009-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of June, 2009 J U D G M E N T The petitioners 1 to 3 herein have retired from service as Selection Grade Lecturers and the fourth petitioner, while working as Selection Grade Lecturer, was appointed as Controller of Examinations, University of Calicut, and is continuing as such. 2. The main prayer in the writ petition is to declare that they are entitled to get pay fixation in the scale of pay of Rs.12000-420-18300 on completion of five years of service as Selection Grade Lecturers. The petitioners were earlier working as Lecturers in the Malabar Christian College, Kozhikode. It is stated in paragraph (1) of the writ petition that they were promoted to Senior scale on 16/12/1989, 01/12/1988, 02/09/1988 and 08/09/1988 respectively. Later they were promoted to Senior scale/ Selection Grade on 16/12/1997, 01/12/1996, 02/09/1996 and 08/09/1996 respectively. Exts.P1 and P2 are the orders they have produced in support of the said plea. The petitioners 1 to 3 have retired from service on 31/03/2006, 31/03/2007 and 30/06/2007 respectively. The U.G.C has introduced a scheme in 1998 with effect from 01/01/1996. The claim of W.P.(C). No.14467/2009 -:2:- the petitioners for fixation of pay at Rs.14,940/- as already mentioned, has not been granted. They are relying upon Ext.P3 judgment of this Court in W.A.No.1394/2008, wherein the legal position was declared thus:- “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.” 3. The petitioners are also relying upon Ext.P4 judgment rendered by a learned Single Judge of this Court in W.P.(C).No.12174/2009 in respect of similarly placed Lecturers. 4. Therefore, the writ petition is allowed. There will be a direction that those among the petitioners who were Lecturers as on 01/01/1996 and who were subsequently placed in Selection Grade after W.P.(C). No.14467/2009 -:3:- 01/01/1996 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 of service as Selection Grade Lecturers. The consequential monetary benefits will be disbursed to the petitioners after examining the individual particulars of the petitioners, by the authority concerned, within a period of three months from the date of receipt of a copy of this judgment. No costs. (T.R. Ramachandran Nair, Judge.) ms