IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 34275 of 2003(E) -------------------------------------- PETITIONERS: --------------------- 1. P.J.POLACHAN, LECTURER IN CHEMISTRY, M.E.S.COLLEGE, MAMPAD. 2. C.A.MOHAN, LECTURER IN MATHEMATICS, M.E.S.COLLEGE, MAMPAD. 3. E.K.AMMAD, ECTURER IN ARABIC, M.E.S. COLLEGE, MAMPAD. 4. K.ABDUL HAMEED, LECTURER IN ECONOMICS, M.E.S.COLLEGE, MAMPAD. 5. G.A.MOHAMED KUNJU, LECTURER IN MATHEMATICS, M.E.S.COLLEGE, MAMPAD. 6. T.P.MUHAMMED ASRAF, LECTURER IN MATHEMATICS, M.E.S.COLLEGE, MAMPAD. 7. P.N.MAMMOO, LECTURER IN MATHEMATICS, M.E.S.COLLEGE, MAMPAD. 8. C.M.SULAIMAN, LECTURER IN ENGLISH, M.E.S. COLLEGE, MAMPAD. 9. P.RASHEEDA, LECTURER IN ARABIC, M.E.S.COLLEGE, MAMPAD. 10. K.M.ABOOBACKER, LECTURER IN HISTORY, M.E.S.COLLEGE, MAMPAD. 11. K.C.CHACKO, LECTURER IN MATHEMATICS, M.E.S.COLLEGE, MAMPAD. 12. K.K.ABIDA, LECTURER IN ZOOLOGY, M.E.S.COLLEGE, MAMPAD. W.P.(C). NO.34275/2003-E: 13. P.K.MOHAMMED, LECTURER IN COMMERCE, M.E.S.COLLEGE, MAMPAD. 14. ABRAHAM P.A., LECTURER IN POLITICAL SCIENCE,M.E.S.COLLEGE,MAMPAD 15. P.P.MOHAMMED, LECTURER IN ISLAMIC HISTORY,M.E.S.COLLEGE, MAMPAD. 16. M.MOHAMMED ALI, LECTURER IN BOTANY, M.E.S.COLLEGE, MAMPAD. 17. N.HAMZA, LECTURER IN ARABIC, M.E.S. COLLEGE, MAMPAD. 18. P.K.AHAMEDKUTTY, LECTURER IN ARABIC, M.E.S. COLLEGE, MAMPAD. 19. SABU IYPE, LECTURER IN CHEMISTRY, M.E.S.COLLEGE, MAMPAD. 20. K.K.NARAYANAN, LECTURER IN ENGLISH, M.E.S.COLLEGE, MAMPAD. 21. K.K.BHARATHAN, LECTURER IN CHEMISTRY, M.E.S.COLLEGE, MAMPAD. 22. BABU ANTONY MENACHERY, CHRUST COLLEGE, IRINJALAKUDA. 23. M.V.OUSEPH, LECTURER IN CHEMISTRY, S.N.COLLEGE, NATTIKA. 24. K.J.BABU, LECTURER IN CHEMISTRY, CHRUST COLLEGE, IRINJALAKUDA. BY ADV. MR.KOSHY GEORGE. RESPONDENTS: ------------------------ 1. UNON OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, DEPARTMENT OF EDUCATION, GOVT. OF INDIA, NEW DELHI. W.P.(C). NO.34275/2003-E: 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 3. UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS SECRETARY, BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002. R1 & R3 BY MR.T.SANJAY, C.G.C, R2 BY GOVT. PLEADER MR. P.K. RAVIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34275/2003-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PORTION OF SCHEME OF REVISION OF PAY SCALES OF TEACHER IN KERALA STATE. EXT.P.2: COPY OF THE REVISED PAY SCALE AND QUALIFICATIONS FOR DIFFERENT CATEGORIES RECOMMENDED BY THE REVIEW COMMITTEE AND ACCEPTED BY THE U.G.C. SHOWN IN ANNEXURE I OF RECOMMENDATION OF UGC REPORT 1997. EXT.P.3: COPY OF THE LETTER DTD. 27/07/98 ADDRESSED TO EDUCATION SECRETARIES OF ALL STATES/UNION TERRITORIES BY GOVT. OF INDIA, MINISTRY OF HUMAN RSOURCES. EXT.P.4: COPY OF THE LETTER DTD. 27/07/98 ISSUED TO U.G.C. BY GOVT. OF INDIA. EXT.P.5: COPY OF THE LETTER DTD. 06/11/1998 ISSUED BY GOVT. OF INDIA ADDRESSED TO SECRETARY U.G.C. EXT.P.6: COPY OF THE GOVT. ORDER DTD. 21/12/99 NO. 171/99/H. EDN. OF GOVT. OF KERALA. EXT.P.7: COPY OF THE CLARIFICATION LETTER ISSUED BY MINISTRY OF HUMAN RESOURCES DEVELOPMENT, GOVT. OF INDIA. EXT.P.8: COPY OF THE MINUTES OF MEETING HELD ON 22/03/2000 IN THE CHAMBER OF HONOURABLE MINISTER OF EDUCATION. EXT.P.9: COPY OF THE STARRED QUESTION AND ANSWER. EXT.P.10: COPY OF THE JUDGMENT IN W.A. NO. 1394/2008 DTD. 21/01/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.34275 of 2003 -------------------------------------- Dated 8th April, 2009 JUDGMENT Heard Sri.Koshy George, the learned counsel appearing for the petitioners, Sri.T.Sanjay, the learned Additional Central Government Standing Counsel appearing for respondents 1 and 3 and Sri.P.K.Ravikrishnan, the learned Government Pleader appearing for the State of Kerala. 2. The petitioners are Selection Grade Lecturers working in various aided colleges in the State of Kerala. Their grievance is that though they have been placed in the Selection Grade with effect from various dates after 1.1.1996, their request for fixation of pay at Rs.14,940/= in the scale of pay of Rs.12000-420-18300 has not so far been granted. The learned counsel appearing on either side agree that a Division Bench of this Court has by Ext.P10 judgment delivered on 21.1.2009 in W.A.No.1394 of 2008 and connected cases held that those Lecturers who were placed in the Selection Grade after 1.1.1996 will be entitled to draw salary at the stage of Rs.14,940/= in the scale of pay of Rs.12000-420-18300 on completion of five years in the Selection Grade. In view of Ext.P10 judgment, the petitioners submit that they are not pursuing the other reliefs prayed for in this writ petition and that they WP(C).No.34275/2003 2 will be satisfied if a direction similar to the one issued by this Court in Ext.P10 judgment is issued in this case also. In view of Ext.P10 judgment, I dispose of this writ petition with a direction that those among the petitioners who were Lecturers as on 1.1.1996 and who were subsequently placed in the Selection Grade after 1.1.1996 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 service as Selection Grade Lecturers. The competent authority among the respondents shall disburse the consequential benefits to the petitioners within a period of four months from the date of receipt of a certified copy of this judgment. Respondents 1 and 3 shall make available to the State Government their share of contribution if it has not so far been made available, within two months from the date of receipt of a request in that regard from the State Government. The writ petition is disposed of as above. P.N.RAVINDRAN Judge TKS