ROYMON N. Vs. V. VENU

JUDGEMENT

(1.) The petitioner who stood retired as Librarian Gr. I on 31/3/2010 seeking revision of his pay as per the pay prescribed to the Lecturers having the University Grants Commission (UGC) qualifications. The petitioner has indulged in several litigations. The brief facts of the case are stated as under;

(2.) The petitioner claims that the Government of Kerala vide the Government Order dtd. 16/11/1994 had exempted teachers appointed prior to 13/3/1990 but before 14/5/1992 i.e. the date when the UGC scale was made applicable, there was no requirement for such teachers to have NET qualification as prescribed by the 1992 Scheme of the UGC.

(3.) The petitioner claims that as the petitioner was appointed as Librarian Gr. I which would be the Lecturer grade w.e.f. 1/5/1992, he should be given the benefit of UGC Scheme without him having the NET qualifications. Prima facie, this submission also does not appear to be correct inasmuch as the petitioner's promotion as Librarian Gr. I was approved only w.e.f. 3/10/1992 and the exemption from NET qualification was made applicable to the persons appointed after 13/3/1990 but before 14/5/1992. Even otherwise, Exhibit P-4 Government Order dtd. 16/11/1994 in W.P.(C) No. 18490 of 2024 (in W.P.(C) No. 18490 of 2024) was in respect of the teachers of the University and the affiliated/constituted Colleges and not in respect of the Librarian and other staffs of the Universities and affiliated Colleges. When the Government declined the request of the petitioner, he filed W.P.(C) No. 10029 of 2010 questioning the order dtd. 6/11/2009 whereby the petitioner's request to grant him UGC pay scale was rejected. This Court vide the Judgment dtd. 11/4/2011 observed that it was for the Government to consider the representation claiming the benefit of the order whereby the Government decided the higher grade of pay to the Librarian and also that the petitioner may place the materials showing that he is entitled for exemption from the UGC qualification.