IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 29729 of 2009(I) -------------------------- PETITIONER(S): --------------- 1. MAJEED H., ASSISTANT LIBRARIAN GRADE II, KERALA UNIVERSITY LIBRARY, THIRUVANANTHAPURAM. RESIDING AT 31-B, SREE NAGAR, KALIPPANKULAM, MANACAUD P.O., THIRUVANANTHAPURAM. 695 009. 2. ABDUL MAJEED E., ASSISTANT LIBRARIAN GRADE II, DEPARTMENT OF STATISTICS, KERALA UNIVERSITY LIBRARY, THIRUVANANTHAPURAM. RESIDING AT HAPPY VILLA, NEAR GOVERNMENT L.P.S., PALLIPPURAM, THIRUVANANTHAPURAM. 3. PREMKUMAR.T., ASSISTANT LIBRARIAN GRADE II, KERALA UNIVERSITY STUDY CENTRE, ALLEPPY, RESIDING AT SOUPARNIKA KARICHAL, KAZHIVOOR P.O., THIRUVANANTHAPURAM. 4. SARASWATHI L., ASSISTANT LIBRARIAN GRADE I, UNIVERSITY LIBRARY, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. RESIDING AT 3-28H, JOSEPH NAGAR, MARTHANDOM P.O., KANYAKUMARI DISTRICT. 5. SREEKUMARY T.S., ASSISTANT LIBRARIAN GRADE II, CAMPUS LIBRARY, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. RESIDING AT NIRANJANA, B-19, TGRA, THRIPPADAPURAM NORTH, KULATHOOR P.O THIRUVANANTHAPURAM. 6. MANGALAKUMARI M.N., ASSISTANT LIBRARIAN GRADE II, DEPARTMENT OF SOCIOLOGY, KERALA UNIVERSITY LIBRARY, THIRUVANANTHAPURAM. RESIDING AT MEDAYIL, CHOOTTAYIL, KILIMANOOR P.O., THIRUVANANTHAPURAM. 7. HARIKUMAR.S., ASSISTANT LIBRARIAN GRADE II, DEPARTMENT OF AQUATIC BIOLOGY, KERALA UNIVERSITY LIBRARY, THIRUVANANTHAPURAM. RESIDING AT NANDANAM, CRA-A27, SREEKARIYAM, THIRUVANANTHAPURAM. 695 017. 8. SASIKALA KUMARI.P., ASSISTANT LIBRARIAN GRADE I, DEPARTMENT OF SOCIOLOGY, KERALA UNIVERSITY LIBRARY, THIRUVANANTHAPURAM. RESIDING AT TC 28/509(1), SREEKRISHNA MURARI ROAD, KAITHAMUKKU, THIRUVANANTHAPURAM. 9. SUJITHAKUMARI T.K., ASSISTANT LIBRARIAN GRADE I, KERALA UNIVERSITY LIBRARY, THIRUVANANTHAPURAM. RESIDING AT SURABHI, TC 6/281(8), VATTIYOORKAVU P.O., THIRUVANANTHAPURAM. 695 013. 10. AJITHA KUMARI K., ASSISTANT LIBRARIAN GRADE I, KERALA UNIVERSITY LIBRARY, THIRUVANANTHAPURAM. RESIDING AT TC 13/2224(5), GRA 793, GOWREESAPATTOM, PATTOM, THIRUVANANTHAPURAM695 004. 11. AHILA EUGENA A., ASSISTANT LIBRARIAN GRADE II, KERALA UNIVERSITY LIBRARY, THIRUVANANTHAPURAM. RESIDING AT CHRISTI VILLA, DEVAPALA NAGAR, PEROORKADA, THIRUVANANTHAPURAM. 12. MAYA M.R., ASSISTANT LIBRARIAN GRADE II, KERALA UNIVERSITY LIBRARY, THIRUVANANTHAPURAM. RESIDING AT TC 17/703-1, MEENAKSHI MANDIRAM, POOJAPPURA, THIRUVANANTHAPURAM. 695 012. 13. USHA DEVI S.P., DEPUTY LIBRARIAN, KERALA UNIVERSITY LIBRARY, THIRUVANANTHAPURAM. RESIDING AT RAJA MALLI, VAZHOTTUKONAM, VATTIYOORKAVU, THIRUVANANTHAPURAM. 14. PADMAJAKUMARI T.S., ASSISTANT LIBRARIAN GRADE I, DEPARTMENT OF EDUCATION, KERALA UNIVERSITY LIBRARY THYCAUD, THIRUVANANTHAPURAM. RESIDING AT AYANIVILA MEKKE VEEDU, PLAMOOTTIKKADA P.O., AMARAVILA (VIA), THIRUVANANTHAPURAM. 15. ANTONY E., ASSISTANT LIBRARIAN GRADE II, INSTITUTE OF ENGLISH, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. RESIDING AT BATHEL VIII-310, VALAMANGALAM SOUTH P.O., ALAPPUZHA 688 532. 16. JAYAKUMARI AMMA A, ASSISTANT LIBRARIAN GRADE I, UNIVERSITY LIBRARY, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. RESIDING AT QUARTER NO.E35, UNIVERSITY STAFF QUARTERS, KARIAVATTOM P.O., THIRUVANANTHAPURAM. 17. LAILA C.S., DEPUTY LIBRARIAN, CAMPUS LIBRARY, UNIVERSITY OF KERALA, KARIAVATTOM, THIRUVANANTHAPURAM. RESIDING AT SURENDRA SADANAM, THETTIVILA, KALLIYOOR P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. REPRESENTED BY ITS REGISTRAR. 2. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1-2 GOVT. PLEADER SRI. ANTONY MUKKATH - R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.29729 OF 2009 -------------------------------------------- Dated this the 24th day of March, 2010 JUDGMENT The petitioners 1 and 2 are Deputy Librarians and 3 to 17 are Assistant Librarians under the first respondent-Kerala University. In the matter of granting of UGC scale of pay to Librarians Government have issued a clarification with regard to its earlier orders relating the subject, as per Ext.P2 G.O. dated 9.5.2008. The prayer in this Writ Petition is for a declaration that the petitioners are entitled for the relaxation granted in Ext.P2 with effect from 17.04.2004. The further prayer is for the issuance of a writ of mandamus commanding the first respondent to consider and dispose of Ext.P3 taking note of the relevant orders and amendments within a stipulated time. 2. When the matter came up for admission, the learned Senior Counsel appearing for the petitioners made available a copy of the Minutes of the meeting of the Syndicate of the first respondent-Kerala University held on 25.2.2010. It would reveal that as per item No.44.79, the subject of granting of UGC scale of W.P.(C) NO.29729/2009 2 pay to the Assistant Librarians in the University of Kerala has been considered by the Syndicate. In the said meeting, it was resolved thus: The syndicate considered the requests of Smt.S.P.Usha Devi, Smt.Vimala Devi, Smt.Saraswathi and Smt.C.S Laila, Deputy Librarians for UGC scale of pay in relaxation of the qualifications prescribed by the UGC. RESOLVED that the requests be agreed to. 3. It is thus obvious that the grievance of the petitioners 4, 13 and 17 have been thus redressed. The submission is that in view of the said subsequent development, the claims of the other petitioners also require consideration by the first respondent in the light of the decision taken in the case of the petitioners 4, 13 and 17 and another similarly situated person Smt. Vimala Devi. 4. Seeking the relief of exemption in terms of Ext.P2 G.O , the petitioners have already approached the first respondent through Ext.P3. The same is pending. It is during its pendency that the aforesaid decision was taken by the Syndicate of the first respondent- University in its meeting held on 25.2.2010. 5. In the said circumstances, this Writ Petition is disposed W.P.(C) NO.29729/2009 3 of with a direction to the first respondent to consider Ext.P3 representation and pass orders thereon expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Needless to say that while considering Ext.P3 representation, the first respondent shall take into consideration the decision taken on item No.44.79 in the meeting of the Syndicate held on 25.2.2010 in respect of the petitioners 4, 13 and 17 as also one another Deputy Librarian by name Smt.Vimala Devi. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.29729/2009 4 C.T. RAVIKUMAR, J. W.P.(C). NO.29729/2010 JUDGMENT 24th March, 2010 W.P.(C) NO.29729/2009 5