MANJU PHILIP Vs. THE STATE OF KERALA

JUDGEMENT

(1.) THE main grievance of the petitioner is that even though the appointment of the petitioner has been approved by the University, she was not granted the U.G.C. scale from the date of approval of the appointment. She is presently working as a lecturer in Botany in Mar Thoma College, Thiruvalla. There was an earlier appointment for the period from 28.7.1993 to 28.2.1994. Therein, the approval was limited upto 14.12.1993 by the University. Even though again the matter was taken up before the University as per Ext.P4, the University negatived the same as per Ext.P5. The present appointment is from 24.8.2000 in a substantive vacancy and Exts.P6 and P7 show that the appointment has been approved. It is the case of the petitioner that three lecturers were appointment in the Department of Botany and those appointments have been approved as per Ext.P8 and the scale of pay sanctioned to them is Rs.8000 -13500. But no such scales have been granted to the petitioner. According to the petitioner, in January 2005 the petitioner was drawing he basic pay of Rs.7375/ -, as evident from Ext.P9.

(2.) IT is also the case of the petitioner that she had the required qualifications as specified by the U.G.C.. The details have been produced as Exts.P15 (M. Phil) and P16 which are respectively the true copies of the certificate showing acquisition of M. Phil degree and the Government order giving exemption from NET for such candidates.

(3.) IN the counter affidavit filed by the third respondent, in para 3 it is stated that the University is cast upon the duty to specify the scale of pay and nature of post to which the approval is given. The third respondent is not the authority competent to alter the nature of post and scale of pay thereof. It is also the plea of the third respondent that the appointment in respect of the petitioner was in such a way in the 48% category in the State scale. Therefore, the petitioner will get the U.G.C. scale of pay only in terms of the U.G.C. Scheme, viz. para 6.25.