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2009 Supreme(Ker) 182

M.L.JOSEPH FRANCIS, K.BALAKRISHNAN NAIR
Maria Padma – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:V.A. Muhammed, Advocate. For the Respondents:M. Rajagopalan Nair, Advocate.

Judgment :-

Balakrishnan Nair, J.

The writ petitioner is the appellant. The respondents herein were the respondents in the writ petition. The appellant, who is a Physical Education Teacher of Fatima Mata College, Kollam, approached this Court, feeling aggrieved by the stand of the Government in Ext.P11 communication dated 28.2005 that she is eligible to get U.G.C scale of pay only on completion of eight years service, that is only with effect from 6.1998.

2. The brief facts of the case are the following: The appellant was appointed in the 4th respondents College as Lecturer in Physical Education on 6.1990, by Ext.P1 order. By Ext.P2 order dated 210.1992, the said appointment was approved by the University of Kerala with effect from 6.1990. By Ext.P3 communication dated 210.1993, the Government informed the Director of Collegiate Education that one Physical Education Teacher in each college where the number of students under Degree/P.G. Course is 1000 or below, will be brought under the U.G.C scheme. Other Physical Education Teachers who are not eligible to come under the scheme will be granted U.G.C scales on completion of eight years service. This was followed by Ext.P5 Government









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