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2019 Supreme(Ker) 930

A.M.SHAFFIQUE, T.V.ANILKUMAR
State of Kerala, Rep. by its Secretary to Government, Higher Education Department, Government Secretariat – Appellant
Versus
Babu S. Nanadanam – Respondent


Advocates Appeared:
For the Appellant : Sri. A.J. Varghese-SR.G.P.
For the Respondent: M.S. Radhakrishnan Nair, P.C. Sasidharan(B/O), Sri. Babu Karukapadath, Sri. P.U. Vinod Kumar, Smt. M.A. Vaheeda Babu, Sri. K.M. Faisal (Kalamassery), Smt. V.R. Lakshmi, Sri. Avinash P. Raveendran, Amrin Fathima.

JUDGMENT :

Shaffique, J.

These appeals are filed by State of Kerala and its authorities challenging the judgment of the learned Single Judge in a batch of writ petitions by which direction had been issued to pass orders fixing the pay and allowances of the petitioners in the UGC scale of pay with effect from the date of their appointment as approved by the University.

2. The writ petitioners contended that they were appointed as Lecturers against substantive vacancies in Aided Colleges. Their scale of pay was fixed only in the State scale of pay. Therefore, they sought for fixation of scale of pay at the UGC rate.

3. They also relied upon judgment of this Court in WP(C) No. 13371/2007 (S. Anil Kumar and Another v. State of Kerala and Others) wherein a learned Single Judge having considered a similar matter held at paragraph 5 as under:-

    “5. When, in 1991, the UGC scheme was implemented in the State of Kerala, the existing teachers were divided into two, viz. 52% in the UGC scale of pay and the balance in the State scale of pay. The 48% would be integrated into the UGC scale of pay after putting in the required number of years of service. Thereafter, all appointments made in aided colleg

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