IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 14783 of 2009(P) ------------------------------------- PETITIONER(S): ----------------------- 1. RACHEL THOMAS, LECTURER SELECTION GRADE, DEPARTMENT OF ENGLISH, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. 2. ROSSAMMA SEBASTIAN, LECTURER SELECTION GRADE, DEPARTMENT OF ENGLISH, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. 3. MARY P.U., LECTURER SELECTION GRADE, DEPARTMENT OF COMMERCE, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. 4. ABRAHAM KURIAKOSE, LECTURER SELECTION GRADE, DEPARTMENT OF COMMERCE, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. 5. THOMAS ABRAHAM, LECTURER SELECTION GRADE, DEPARTMENT OF HISTORY, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. 6. LINCYKUTTY PHILIP, LECTURER SELECTION GRADE, DEPARTMENT OF CHEMISTRY, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. 7. ANNIE M.VARGHESE, LECTURER SELECTION GRADE, DEPARTMENT OF ZOOLOGY, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. 8. MARY JACOB, LECTURER SELECTION GRADE, DEPARTMENT OF CHEMISTRY, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. 9. JOSEPH P.C., LECTURER SELECTION GRADE, DEPARTMENT OF CHEMISTRY, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. 10. MARIAMMA M.KURIAN, LECTURER SELECTION GRADE, DEPARTMENT OF PHYSICS, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. W.P.(C) NO.14783/2009 11. DR.KRISHNAKUMARI T., LECTURER SELECTION GRADE, DEPARTMENT OF MALAYALAM, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. 12. VIMALA ANNA JACOB, LECTURER SELECTION GRADE, DEPARTMENT OF ENGLISH, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. 13. JIJI THOMAS, LECTURER SENIOR GRADE, DEPARTMENT OF BOTANY, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. 14. GEORGE K.P., LECTURER SELECTION GRADE, DEPARTMENT OF COMMERCE, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. 15. GEORGE K.P., LECTURER SELECTION GRADE, DEPARTMENT OF ENGLISH, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. 16. DR.P.T.SAINUDEEN, LECTURER SELECTION GRADE, DEPARTMENT OF PHYSICAL EDUCATION, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. 17. DR.GOPALAN NAIR K. (RETD.) LECTURER SELECTION GRADE, DEPARTMENT OF HINDI, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. NOW RESIDING AT GOPI BHAVAN, RAMAPURAM P.O., PALAI. 18. BOBY A., (RETD.) LECTURER SENIOR GRADE, DEPARTMENT OF ENGLISH, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. NOW RESIDING AT KADAVUMBHAGAM, VAZHOOR, KOTTAYAM. 19. MATHEW JOSEPH M., (RETD.) LECTURER SELECTION GRADE, DEPARTMENT OF ENGLISH, ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM. NOW RESIDING AT MAMOOTIL, ITHITHANAM, CHANGANASSERY. BY ADV. MR.K.M.KURIAN WPC. NO.14783/2009 RESPONDENT(S): ----------------------- 1. UNION OF INDIA, MINISTRY OF HUMAN RESOURCE AND DEVELOPMENT, DEPARTMENT OF EDUCATION, NEW DELHI, REP. BY ITS DIRECTOR. 2. UNIVERSITY GRANTS COMMISSION, BEHADUR SHAH ZAFAR MARG, NEW DELHI-110002, REP. BY ITS SECRETARY. 3. GOVERNMENT OF KERALA, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 4. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 5. ST.MARY'S COLLEGE, MANARCADU, KOTTAYAM, REP. BY PRINCIPAL. R1 & R2 ADV. MR.S.KRISHNAMOORTHY, CGC R3 TO R5 BY SR. GOVT. PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2009, ALONG WITH WPC NO. 17862 OF 2009 WPC NO. 15250 OF 2009 WPC NO. 22008 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ----------------------------------------- W.P.(C) Nos.14783, 15250, 17862 & 22008 OF 2009 ----------------------------------------- Dated this the 21st day of August, 2009. J U D G M E N T In all these writ petitions, the petitioners are Selection Grade Lecturers in different Departments in various Colleges. Since the issue raised is common, all these writ petitions are disposed of by a common judgment. 2. The benefit of Exhibit P1 scheme as well as the extension of benefit to similarly placed petitioners in Exhibits P2 to P4 judgments are sought for by the petitioners. The U.G.C scale of pay has been implemented by the Government of India with effect from 01.01.1986. That was later implemented by the State Government though its notification dated 13.03.1990. Thereafter, going by Exhibit P1 dated 21.12.1999, the U.G.C scheme 1998 was brought into force. It is the case of the petitioners that going by the scheme, it was implemented from the revised date that is 27.07.1998. W.P.(C) No.14783/09 & conn. cases 2 3. The petitioners have been granted Selection Grade subsequent to 01.01.1996 on various dates. They are claiming the benefit of scale of pay of Rs.14,940/- on completion of five years in the Selection Grade. 4. In Exhibit P2 judgment of this Court, which was in respect of 72 Lecturers who were similarly placed, it was held that the benefit was liable to be granted to the petitioners therein. Exhibit P3 is the judgment of a Division Bench of this Court in Writ Appeal No.1881/2008 and connected cases. Following the said judgment, in Exhibit P4, a learned Single Judge of this Court has also issued directions in the matter. 5. Going by the judgments Exhibits P3 and P4, the petitioners who were Lecturers on 01.01.1996 and who were subsequently placed in the Selection Grade after 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 service as Selection Grade Lecturers. 6. The University Grants Commission is the 2nd respondent W.P.(C) No.14783/09 & conn. cases 3 in these writ petitions. A statement has been filed by the learned standing counsel appearing for the U.G.C. Mainly it is contended that the scheme provides for a cut off date as 01.04.2000 whereby the entire liability on account of revision of pay scales etc. will have to be taken over by the State Government. It is therefore, submitted that the Central Government and the U.G.C cannot be saddled with any liability as far as the persons like the petitioners are concerned. 7. Heard the learned counsel for the petitioners Sri.K.M. Kurian, Sri.S.Krishnamoorthy, learned standing counsel for the U.G.C and the learned Government Pleader appearing for the State. 8. It is vehemently contended by Sri.S.Krishnamoorthy, standing counsel for the U.G.C that the liability of the Central Government cannot be extended before 01.04.2000 and therefore, no direction could be issued against the Central Government and the U.G.C in the matter. This aspect is disputed by the learned Government Pleader who submitted that W.P.(C) No.14783/09 & conn. cases 4 going by the directions issued by this Court earlier also, such a position was not accepted. Whatever that be, the said contention need not refrain this Court from issuing appropriate directions in the matter. 9. After referring to the contentions of the respective parties, it was held in paragraph 4 of Exhibit P3 judgment in W.A.No.1881/08 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”. 10. The operative portion of Exhibit P4 judgment in W.P.(C) No.18781/2008 reads as follows: “In view of Ext.P7 judgment, I dispose of this writ petition with a direction that those among the petitioners who were Lecturers as on 1.1.1996 and W.P.(C) No.14783/09 & conn. cases 5 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 12000-420-18300 on completion of five years service as Selection Grade Lecturers. The competent authority among the respondents 3 to 9 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 2 shall make available to the State Government their share of their 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”. Therefore, it is declared that those among the petitioners who were Lecturers as on 01.01.1996 and who were subsequently placed in the Selection Grade after 01.01.1996 will be entitled to have their pay fixed at Rs.14,940/- on completion of five years service as Selection Grade Lecturers. The Deputy Director of Collegiate Education will verify the individual particulars relating to the petitioners and take appropriate action in the matter so that the amount could be disbursed within a period of three months from the date of receipt of a copy of this W.P.(C) No.14783/09 & conn. cases 6 judgment. I am not finally pronouncing anything on the contention raised by the learned standing counsel for the U.G.C that the liability of the Central Government cannot be extended before 01.04.2000 especially since it is a matter between the State Government and the Central Government. These writ petitions are disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp