IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 OP.No.8344 of 2001(R) -------------------------- PETITIONERS: ---------------- 1. M.G. RAJAGOPALAN, SELECTION GRADE LECTURER, DEPARTMENT OF CHEMISTRY, MAHARAJA'S COLLEGE, ERNAKULAM. 2. P.R. MADHUSOODANAN, SENIOR SCALE LECTURER, DEPARTMENT OF PHYSICAL EDUCATION, MAHARAJA'S COLLEGE, ERNAKULAM. 3. S. MURALEEDHARAN, LECTURER (SENIOR SCALE) IN ECONOMICS, DEPARTMENT OF ECONOMICS, MAHARAJA'S COLLEGE, ERNAKULAM. 4. C.R. VINOD KUMAR, SELECTION GRADE LECTURER, DEPARTMENT OF CHEMISTRY, MAHARAJA'S COLLEGE, ERNAKULAM. 5. V.K. VALSARAJAN, LECTURER (SELECTION GRADE) IN POLITICS, MAHARAJA'S COLLEGE, ERNAKULAM. 6. DR.N. MOHAN, LECTURER IN PHYSICAL EDUCATION (SENIOR SCALE), MAHARAJA'S COLLEGE, ERNAKULAM. 7. V.K. NANDAKUMAR, SENIOR GRADE LECTURER IN POLITICS, MAHARAJA'S COLLEGE, ERNAKULAM. 8. M.K. MURALEEDHARAN NAIR, SENIOR SCALE LECTURER IN CHEMISTRY, MAHARAJA'S COLLEGE, ERNAKULAM. 9. JOSHY K. GEORGE, SELECTION GRADE LECTURER, DEPARTMENT OF CHEMISTRY, MAHARAJA'S COLLEGE, ERNAKULAM. OP.No.8344/2001 ...2... 10. P.V. MOHAN, LECTURER (SENIOR SCALE), DEPARTMENT OF ENGLISH, MAHARAJA'S COLLEGE, ERNAKULAM. 11. P.S. SOBHAN, SENIOR GRADE LECTURER, DEPARTMENT OF PHYSICS, MAHARAJA'S COLLEGE, ERNAKULAM. 12. K. LAKSHMAN LAL, SELECTION GRADE LECTURER IN SANSKRIT, UNIVERSITY COLLEGE, THIRUVANANTHAPURAM. 13. K.S. GOPINATHAN NAIR, SENIOR LECTURER IN PHYSICAL EDUCATION, GOVERNMENT ARTS COLLEGE, THIRUVANANTHAPURAM. 14. MAYA MATHEW, SELECTION GRADE LECTURER IN ZOOLOGY, GOVERNMENT ARTS COLLEGE, THIRUVANANTHAPURAM. 15. C.P. JAYASAGAR, SELECTION GRADE LECTURER IN HINDI, GOVERNMENT ARTS COLLEGE, THIRUVANANTHAPURAM. 16. S. USHA, SENIOR SCALE LECTURER IN MATHEMATICS, GOVERNMENT ARTS COLLEGE, THIRUVANANTHAPURAM. 17. P. CYRIAC MATHEW, SELECTION GRADE LECTURER IN ECONOMICS, GOVERNMENT ARTS COLLEGE, THIRUVANANTHAPURAM. 18. B.S. MOHANACHANDRAN, SELECTION GRADE LECTURER IN COMMERCE, GOVERNMENT ARTS COLLEGE, THIRUVANANTHAPURAM. 19. FERNANDEZ SELNA, SELECTION GRADE LECTURER IN FRENCH, GOVERNMENT ARTS COLLEGE, THIRUVANANTHAPURAM. OP.No.8344/2001 ...3... 20. BABU SEBASTIAN, SENIOR SCALE LECTURER IN COMMERCE, GOVERNMENT COLLEGE, MANIMALAKUNNU, KOOTHATTUKULAM. 21. K.G. GOPI, SELECTION GRADE LECTURER IN COMMERCE, GOVERNMENT COLLEGE, MANIMALAKUNNU, KOOTHATTUKULAM. 22. P. KOMALA VALLY, SENIOR SCALE LECTURER IN ECONOMICS, GOVERNMENT COLLEGE, MANIMALAKUNNU, KOOTHATTUKULAM. 23. K.K. BALAKRISHNAN, SENIOR SCALE LECTURER IN HISTORY, P.M. GOVERNMENT COLLEGE, CHALAKUDY. 24. M.S. RUGMINI, SENIOR SCALE LECTURER IN MALAYALAM, P.M. GOVERNMENT COLLEGE, CHALAKUDY. 25. A.K. GOVINDAN, SENIOR SCALE LECTURER IN HINDI, P.M. GOVERNMENT COLLEGE, CHALAKUDY. 26. M.K. PURUSHOTHAMAN, SENIOR GRADE LECTURER IN COMMERCE, GOVERNMENT COLLEGE, CHALAKUDY. 27. U.S. MOHANAN, LECTURER (SENIOR SCALE) IN COMMERCE, P.M. GOVERNMENT COLLEGE, CHALAKUDY. 28. SEBASTIAN JOHN LECTURER (SENIOR GRADE) IN POLITICS, P.M. GOVERNMENT COLLEGE, CHALAKUDY. 29. V.S. DILEEP, SELECTION GRADE LECTURER IN ECONOMICS, SRI.C. ACHUTHA MENON GOVERNMENT COLLEGE, KUTTANALLUR, THRISSUR. 30. V.V. SETHUNATH, SELECTION GRADE LECTURER IN ENGLISH, GOVERNMENT POLYTECHNIC, KALAMASSERY. OP.No.8344/2001 ...4... 31. M. MOHAMED ILLYAS, SELECTION GRADE LECTURER IN ENGLISH, GOVERNMENT COLLEGE, ATTINGAL. 32. M. MADHAVAN NAMPOOTHIRI, SELECTION GRADE LECTURER IN ECONOMICS, GOVERNMENT COLLEGE, ATTINGAL. BY MR.K.P.DANDAPANI, SENIOR ADVOCATE RESPONDENTS: ----------------- 1. UNION OF INDIA, REP. BY SECRETARY TO GOVERNMENT, MINISTRY OF HUMAN RESOURCES DEVELOPMENT (DEPARTMENT OF EDUCATION), NEW DELHI. 2. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. KERLA UNIVERSITY, THIRUVANANTHAPURAM, REP. BY ITS REGISTRAR. 4. MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM, REP. BY ITS REGISTRAR. 5. THE DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM. 6. THE TREASURY OFFICER, ADDITIONAL SUB TREASURY, ERNAKULAM. 7. THE TREASURY OFFICER, SUB TREASURY, ERNAKULAM. 8. THE TREASURY OFFICER, DISTRICT TREASURY, THIRUVANANTHAPURAM. 9. THE TREASURY OFFICER, SUB TREASURY, THIRUVANANTHAPURAM. 10. THE TREASURY OFFICER, SUB TREASURY, ATTINGAL. OP.No.8344/2001 ...5... 11. THE TREASURY OFFICER, SUB TREASURY, CHALAKUDY. 12. THE TREASURY OFFICER, SUB TREASURY, KOOTHATTUKULAM. 13. THE TREASURY OFFICER, SUB TREASURY, THRISSUR. BY MR.M.K.CHANDRAMOHAN DAS, SC, KERALA UTY. FOR R3 MR.P.MURALEEDHARAN, ADDL.CGSC FOR R1 MR.K.GOPALAKRISHNA KURUP, SC, M.G.UTY. FOR R4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No.8344/2001 Order on C.M.P.No.13473/2001 in O.P.No.8344/2001 Dismissed. 10.09.2009 Sd/- T.R. RAMACHANDRAN NAIR, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER G.O.(P) No.171/99/H.EDN. DTD. 21.12.1999 OF R2 REFERRED TO IN THE ORIGINAL PETITION. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- O.P. No.8344 OF 2001 --------------------------------------- Dated this the 10th day of September, 2009. J U D G M E N T The petitioners had approached this Court mainly challenging clause 5.8 of Exhibit P1 wherein it was provided that the pay revision arrears on account of UGC pay revision 1996 with effect from 01.01.1996 to 31.12.1999 will be deposited in the Provident Fund Account of the concerned. The arrears will not be allowed to withdraw till 31.12.2003 except in the case of those who are retiring before 31.12.2003 in whose case the arrears so impounded will be released on their retirement. In C.M.P.No.13473/2001, this Court had passed an interim order also. In view of the efflux of time, the matter has become infructuous. The period provided in the relevant clause has also run out. Therefore, this original petition is closed. T.R. RAMACHANDRAN NAIR JUDGE smp