MATHEW V Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) In W.P. (C) No. 25672/2009 two Lecturers of St. Michael's College, Cherthala, have approached this Court seeking to quash Exts. P3 and P4 and to direct the second respondent to sanction and disburse salary due to the petitioners in the Selection Grade with effect from 21.12.2004 and 10.10.2001 respectively. As per Ext. P3 the Deputy Director of Collegiate Education informed that there is no sufficient workload and the same reason is stated in Ext. P4 also. The case of the petitioners is that by Exts. P1 and P2 the University has granted approval for promotion/ placement to Selection Grade. W.P. (C) No. 20834/2010 is filed by the State of Kerala challenging the orders granting approval by the University. Since Exts. P1 and P2 produced in the writ petition filed by the Lecturers, are under challenge in W.P. (C) No. 20834/2010, first I will consider the contentions raised therein.

(2.) The petitioners in W.P. (C) No. 25672/2009 are arrayed as respondents 1 and 2 in W.P. (C) No. 20834/2010. They were appointed as per Exts. P1 and P2 orders. The appointments were approved by the University also. The plea raised in the said writ petition is that in 1990 U.G.C. Scheme was implemented in the State as per G.O. (MS) No. 66/90/H.Edn. dated 13.3.1990 with effect from 1.1.1986. While implementing the same, the Government of India stipulated that the same could not be implemented as against the teachers who were engaging classes for Pre-degree section. The said Government Order has been produced as Ext. P3. It will show that the college teachers were bifurcated as 52% as coming under the U.G.C. Scheme and 48% as not coming under the Scheme. Thus 52% alone will be eligible for U.G.C. Scheme, whereas 48% will be eligible only for State scale of pay. Other guidelines are also prescribed. The revised U.G.C. Scheme was implemented as per Ext. P4 order dated 21.12.1999. It is pointed out that respondents 1 and 2 were in the State scale of pay and therefore they were not eligible for being granted the U.G.C. Scale of pay. Various averments have been made in the writ petition with regard to the workload also.

(3.) Reliance is placed on Ext. P5 circular, clarifying that those Lecturers who were appointed since 1.4.1990 against pre-degree vacancies and were continuing without any workload would not be eligible for placement in the senior scale and selection grade under the Career Advancement Scheme of the U.G.C. Exts. P6 and P7 are the orders passed by the University approving the placement in Selection Grade to respondents 1 and 2.