UNIVERSITY GRANTS COMMISSION Vs. VINCENT

JUDGEMENT

(1.) These writ appeals are filed by the State, University Grants Commission and also Central Government challenging the judgment of the learned Single Judge declaring that clause 1(ii) of Ext. P3 Circular dt. 06/11/1998 issued by the Central Government applies to those who become Lecturers (Selection Grade) / Readers even after 01/01/1996 and on completion of 5 years they will get minimum pay of Rs.14,940/-. We have heard Special Government Pleader (Finance) for the State, Advocate Krishnamoorthy for UGC and also for Central Government which are the appellants and various counsel appearing for party respondents in the writ appeals. Ext. P1 is the Central Government Order dt. 27/07/1998 granting pay revision under UGC scales to teaching faculty members of the University and aided colleges affiliated to them with effect from 01/01/1996. Ext. P3 is the limited modification issued on 06/11/1998 to specify and confer certain benefits to certain categories subject to conditions thereunder. The only controversy is with regard to the category of Lecturers (Selection Grade) / Readers who are entitled to get the minimum wages of Rs.14,940/- on completion of 5 years services in that grade. The issue revolves round the plain interpretation of clause 1(ii) of Ext. P3 circular which is extracted hereunder for easy reference.

(2.) While the case of the appellants comprising of State Government, UGC and the Central Government is that only Lecturers (Selection Grade) / Readers who are in that grade as on 01/01/1996 on completion of five years in that grade will get the minimum wages of Rs.14,940/- as stated therein. The contention raised on behalf of the party respondents is that every senior grade Lecturer on becoming Lecturer (Selection Grade ) / Reader after 01/01/1996 also will be eligible for the benefit of minimum wages of Rs.14940/- on completion of 5 years service in that grade.

(3.) After hearing both sides and on going through the above provision what we notice is that it applies to only those who have become Lecturers (Selection Grade) / Readers at least on 01/01/1996 and not on any date subsequent to that. In other words only those who have become Selection Grade Lecturers / Readers on 01/01/1996 or any date prior to that will be covered by the above provision. The benefit of Rs.14940 /- is payable only to the above category of Selection Grade Lecturers / Readers on completion of 5 years service from the date on which they became Selection Grade Lecturers / Readers. So much so the provision does not apply to any senior grade Lecturer becoming Selection Grade Lecturers / Reader on any date after 01/01/1996. Therefore such people are not entitled to minimum pay of Rs.14,940/- on completion of 5 years, which finding of the learned Single Judge in our view is against the above provision.