IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 OP.No. 2922 of 2002(W) --------------------------------- PETITIONER: ------------------- JOSEPH THOMAS, AGED 49 YEARS,JUNIOR LECTURER, CALICUT ADARSHA SANSKRIT VIDYAPEETH, BALUSSERY P.O., KOZHIKODE, RESIDING AT THRIKKANAV PARAMBU, CIVIL STATION P.O., FLORICAL ROAD,CALICUT. BY ADV. MR.P.V.MOHANAN. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, NEW DELHI - 110 005. 2. CALICUT ADARSHA SANSKRIT VIDYAPEETHA, REPRESENTED BY THE CHAIRMAN, MANAGING COMMITTEE OF CALICUT ADARSHA SANSKRIT VIDYAPEETH, BALUSSERY, CALICUT. 3. THE DIRECTOR, RASHTRIYA SANSKRIT SANSTHAN, 56-57 INSTITUTIONAL AREA,JANAKAPURI, NEW DELHI 110 058. 4. THE SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 5. PRINCIPAL,CALICUT ADARSHA SANSKRIT VIDYAPEETHA, BALUSSERY P.O., KOZHIKODE. R1 & R3 BY MR. P. PARAMESWARAN NAIR, ASST. S.G, MR. C.A.MAJEED,ADDL.CGSC, R5 BY ADV. MR. N.NAGARESH, MR.BINU PAUL, MR.T.V.VINU. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 2922/2002-W: APPENDIX PETITIONERS' EXHIBITS: P1: COPY OF THE ORDER NO. F.30-8/82-SK.I DD. 21/01/1983 ISSUED BY THE R.1. P2: COPY OF THE PROCEEDING NO.F-30-6/92-SK.I. (VOL.II), DTD. 30/09/1993 BY THE R.1. P3: COPY OF THE JUDGMENT IN O.P.NO.2694/88-U DTD. 05/03/1990 ISSUED BY THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM. P4: COPY OF THE JUDGMENT IN W.A. NO. 553/1990 DTD. 27/06/1991 BY THE HONOURABLE HIGH COURT OF KERALA. P5: COPY OF THE PROCEEDING NO. CASV/150/87 DTD. 23/12/1992 BY THE R.2. P6: COPY OF THE GOVERNMENT LETTER NO. 5669/B2/91/H. EDN. DTD. 25/03/1991 BY THE R.4. P7: COPY OF THE JUDGMENT IN O.P. NO. 435/93 DTD. 09/10/2000 BY THE HONOURABLE HIGH COURT OF KERALA. P8: COPY OF THE REPRESENTATION TO THE R.3. BY THE PETITIONER. P9: COPY OF THE CIRCULAR F.NO.CASV/88/2001 DTD. 15/02/2001 BY THE R.2. P10: COPY OF THE OPTION STATEMENT DTD. 19/02/2001. P11: COPY OF THE PROCEEDING BY THE PRINCIPAL ON 28/02/2001 NO. CASV/449/2000 TO THE PETITIONER. P11.A: COPY OF THE JUDGMENT IN W.A. 3492/01 DTD. 09/11/01. P12: COPY OF THE APPOINTMENT ORDER DTD. 04/02/83 WITH EFFECT FROM 01/12/1982 VIDE REF. NO. CASV/337/82 BY THE R.2. TO THE PETITIONER. P13: COPY OF THE OFFICE ORDER NO. RSKS/ADARSH/35011/98-99/1552 DTD. 31/03/2002 ISSUED BY THE R.3. TO THE R.5. P14: COPY OF THE REPRESENTATION DTD 24/07/2002 BY THE PETITIONER TO THE R.2. P15: COPY OF THE PROCEEDINGS NO. F24-6/02-SKT-I DTD. 05/12/2003. P16: COPY OF THE NOTIFICATION DTD. 28/09/82. P17: COPY OF THE ORDER IN W.A. NO. 2542/1999 DTD. 17/07/2008. P18: COPY OF THE ORDER IN W.A. NO. 2542/1999 DTD. 26/08/2008. P19: COPY OF THE MINUTES OF MANAGING COMMITTEE MEETING DTD 18/10/2008. RESPONDENTS' EXHIBITS: R5.A: COPY OF THE APPLICATION DTD. 05/10/1982 SUBMITTED BY THE VIDYAPEETHA TO THE GOVERNMENT OF INDIA. O.P. NO. 2922/2002-W: R5.B: COPY OF THE LETTER DTD. 04/02/1983 COMMUNICATED TO THE PETITIONER BY THE THEN CHAIRMAN. R5.C: COPY OF THE REPRESENTATION DTD. 01/11/2000 SUBMITTED BY THE PETITIONER. R5.D: COPY OF THE LETTER DTD. 16/01/2001 ISSUED BY THE MANAGING COMMITTEE. R5.E: COPY OF THE REPLY DTD. 06/02/2001 ISSUED FROM RASHTRIYA SANSKRIT SANSTHAN. R5.F: COPY OF THE LETTER DTD. 25/07/2002 ISSUED FROM RASHTRIYA SANSKRIT SANSTHAN. R5.G: COPY OF THE LETTER DTD 31/08/2002 SUBMITTED BY THE PRINCIPAL. R5.H: COPY OF THE REMINDER DTD. 03/10/2002 SUBMITTED BY THE PRINCIPAL. R5.I: COPY OF THE LETTER DTD. 23/ 25.10.2002 FROM THE SANSTHAN. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== O.P.No. 2922 of 2002 ================== Dated this the 25th day of March, 2009 J U D G M E N T The petitioner is aggrieved by non-fixation of pay in the category of lecturer as per the UGC scale of pay by the respondents. It is now agreed by both sides that in view of Ext.P18 judgment of this Court, as per Ext.P19, a Committee has been constituted for the purpose of looking into the grievances of the employees in that regard and the petitioner's case has also been referred to the Committee. Both sides now submit that this original petition can be disposed of directing the Committee constituted as per Ext.P19 to consider the case of the petitioner also and to pass appropriate orders thereon, which of course has to be ratified by the Government of India for implementation. In the above circumstances, this original petition is disposed of with a direction to the Committee constituted as per Ext.P19 to consider the case of the petitioner also and to pass appropriate orders thereon, as expeditiously as possible, at any rate, within six months from the date of receipt of a certified copy of this judgment. Needless to say, such decision would be subject to the ratification of the Government of India. Needless also to say that the petitioner would be free to challenge the decision of the Committee, if the same is adverse to the petitioner. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 2922 of 2002-W ================== J U D G M E N T 25th March, 2009