JOSPEH THOMAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Captioned writ petitions are filed by one and the same petitioner basically seeking direction commanding the respondents to grant scale of pay/promotion to the petitioner as per UGC scale/scheme and therefore, I heard them together and propose to pass this common judgment. For the disposal of the writ petitions, the facts and documents available in W.P.(C) No.29684/2011 are relied upon. Brief material facts for the disposal of the writ petition are as follows;

(2.) Petitioner is a Post Graduate in Malayalam and History and has also a B.Ed degree. He commenced service as Lecturer (Malayalam) Part-time on 26.1.1981 and engaged to take classes in History and Malayalam for 16 periods in a week. According to the petitioner, he was selected for the post of Lecturer in terms of the notification dated 28.9.1982 based on relaxed standard, but treated as Junior Lecturer as per Exts.P2 and P3 orders. Petitioner was engaged 24 hours per week and worked as Full-time Lecturer. However, his claim for re-designation as Lecturer was not considered as temporary ban for creation of posts was in existence. Though the ban was lifted, no further action was taken and thereby similarly placed teacher in part- time post viz., Smt.Sathyavathy was re-designated as Lecturer and granted UGC scale. It is the case of the petitioner that, service conditions and scale of pay applicable to teachers working in Kerala Collegiate Education service were extended to the teachers of the 2nd respondent, which is an institution functioning as per the grant in aid of the 3 rd respondent i.e., the Rashtriya Sanskrit Sansthan, New Delhi.

(3.) As per Government Order dated 27.3.1990, UGC scale/scheme are extended to the teachers governed by the Kerala Collegiate Education service w.e.f. 1.1.1986. As per Government Order dated 25.3.1991, Junior Lecturer included under the UGC scale are re- designated as Lecturer after two years of service or on 1.7.1988, whichever is earlier. It is also pointed out that, UGC scheme was extended to the teachers of 2nd respondent by order dated 30.9.1993. Therefore, according to the petitioner, petitioner was entitled to get the scale of pay of Lecturer i.e., Rs.2,200 - 4,000, Lecturer Senior Scale i.e., Rs.3,000-5,000 and Lecturer Selection Grade i.e., Rs.3,700- 5,700. Accordingly, petitioner filed O.P.No.435/1993 seeking fixation of pay. Since the petitioner was denied the benefits with ill motive, proceedings was initiated against the Principal and an enquiry was ordered. Anyhow O.P.No.435/1993 was disposed of directing to take action in the matter of fixation of pay. The application for option for fixation of UGC scale is rejected by the Principal as per order dated 28.2.2001 stating that there is a ban in creation and upgradation of post.