IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 31493 of 2009(F) -------------------------- PETITIONER(S): --------------- 1. C.ATTAKOYA, AGED 35 YEARS, S/O.SAYED POO, CHEKILLAM HOUSE, KAVARATTI, LAKSHADWEEP 682 555. 2. CHERIYA KOYA, KEELAPURA HOUSE, CHETILATH ISLAND, LAKSHADWEEP. BY ADV. SRI.N.JAMES KOSHY RESPONDENT(S): --------------- 1. UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., PIN CODE-673 635, REPRESENTED BY ITS REGISTRAR. 2. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., PIN CODE-673635, MALAPPURAM DISTRICT. 3. THE DIRECTOR OF EDUCATION, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP, DIRECTORATE OF EDUCATION, KAVARATTI P.O., LAKSHADWEEP. 4. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, NEW DELHI. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GL. FOR R4 ADV.P.C.SASIDHARAN, SC FOR CALICUT UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31493/2009-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of November, 2009 J U D G M E N T The petitioners herein are Central Government employees under the Lakshadweep Administration. They are working as Lecturers in the Government High School under the third respondent. The third respondent granted permission for deputation as Lecturers in the first respondent University Centre in Lakshadweep. Exts.P2 and P2(a) are the appointment orders respectively issued to them. Going by the terms contained in Exts.P2 and P2(a), the petitioners will be paid salary in the scale of pay of Rs.8000-13500 with Central Government allowances admissible as per Government of India's guidelines. They were appointed with effect from 20/07/2006. After accepting the recommendation made by the third respondent as per Ext.P3, the University passed Ext.P4 order fixing the pay and allowances and other incentives of the petitioners. 2. Initially, their period of appointment was for one year which was extended for a further period of one year with effect from 20/07/2007. Again on 15/09/2008, the deputation period stood extended for a period of one year with effect from 20/07/2008. The said order is produced as Ext.P5. W.P.(C). No.31493/2009 -:2:- 3. The petitioners claim the benefits of VIth Central Pay Commission which has come into effect from 01/01/2006. The petitioners contend that they are eligible to get the pay in the scale of Rs.15600-39100 plus grade pay of Rs.6,600/- under the pre-revised pay structure effective from 01/01/2006 and hence, in these circumstances, their pay in the deputation post are to be fixed at Rs.15600 plus G.P Rs.6,600/- which is the minimum of the relevant scale as per Rule 13(i) of the CCS (RP) Rules 2008 with effect from 20/07/2006. 4. The third respondent has forwarded the details for refixation of the pay as per Ext.P6. 5. Since there is considerable delay in the matter, the first petitioner has approached the first respondent as per Ext.P9. This was followed by another representation filed as per Ext.P10. Ext.P12 is the copy of the representation submitted by the second petitioner. 6. The main prayer in the writ petition is for a direction to the first respondent to take a decision on the above representations in the light of Ext.P6 recommendations of the third respondent as per the VIth Central Pay Commission. 7. There will be a direction to the first respondent to take a decision on Exts.P10 and P12 after hearing the W.P.(C). No.31493/2009 -:3:- petitioners within a period of two months from the date of receipt of a copy of this Judgment. The result of the same will be communicated to the petitioners. Depending upon the decision, the eligible benefits will be disbursed to the petitioners within a further period of two months. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms