IMPORTANT POINT
Lecturers who meet eligibility criteria for promotion must be granted placement in Selection Grade, regardless of subsequent pay revision orders.

JUDGMENT :

(N. NAGARESH, J.)

The petitioners, who are working as Assistant Professor Grade II / Lecturer (Senior Scale) in the MES College, Marampilly, Aluva, seek to quash Ext.P7 communication of the 2^nd respondent and to direct the 2^nd respondent to approve the placement of the petitioners as Lecturer (Selection Grade) with effect from the dates mentioned in Exts.P3, P4 and P5 with consequential benefits.

2. Petitioners 1 to 3 were appointed as Lecturers on 17.10.1996, 22.03.1999 and 24.03.1999 respectively. The petitioners possess B.Tech Degree in Computer Science and Electronics. The petitioners acquired M.Tech Degree in June, 2011. After completing six years of service, the petitioners were promoted as Lecturer (Senior Scale) as per the 5^th UGC Pay Revision Order with effect from 17.10.2002, 22.03.2005 and 24.03.2005 respectively.

3. The petitioners state that as per Ext.P1 UGC Notification on Revision of Pay Scales, Minimum Qualifications for Appointment of Teachers in Universities and Colleges and other Measures for the Maintenance of Standards, 1998, Lecturers in Senior Scale will be placed in the Selection Grade subject to the recommendations of the Selection Committee. The Lecturers (Selection Grade) can offer themselves for fresh assessment after obtaining PhD and/or fulfilling other requirements for promotion as Reader and, if found suitable, could be given the designation of Reader. As per Clause 7.4.1 of Ext.P1, a Lecturer (Senior Scale) who has completed five years of service can be placed as Lecturer (Selection Grade).

4. The petitioners state that they completed five years of service as Lecturers (Senior Scale) on 17.10.2007, 22.03.2010 and 24.03.2010 respectively and became eligible for placement as Lecturer (Selection Grade). Later, pursuant to Ext.P2 judgment in W.P.(C) No.32981/2014, the petitioners were placed as Lecturer (Senior Scale), as per Exts.P3 to P5 placement orders issued in the year 2007 and 2010.

5. In the meanwhile, UGC 6^th Pay Revision Order came into force whereunder there is no Senior Scale or Selection Grade. The 6^th Pay Revision provided for Assistant Professor Grade-I, Grade-II and Grade-III. The 6^th Pay Revision came into force as per GO dated 27.03.2010. The Government later issued Ext.P6 GO dated 10.12.2010 holding that Lecturers, who are eligible for placement in Selection Grade prior to 17.09.2010, can claim the benefits of 5^th Pay Revision. Therefore, the petitioners are eligible for placement in Selection Grade on 17.10.2007, 22.03.2010 and 24.03.2010.

6. When the placement orders of the petitioners in Selection Grade were forwarded to the University, the University rejected the same holding that they are now governed by 6^th Pay Revision Order and subsequent 7^th Pay Revision Order.

7. The petitioners state that similarly placed Lecturers were granted placement under Selection Grade and such grant was approved by the University, as can be seen from Ext.P8 order granting placement to one Sri. Murugan. One Sri. Joseph Deril K.S. was granted the benefit as per Ext.P9 order. There are a number of Associate Professors who are given placement as Lecturer (Selection Grade) since they became eligible for the said placement prior to 17.09.2010. The petitioners' request was, however, rejected.

8. The 1^st respondent resisted the writ petition filing a statement dated 25.02.2025. The 1^st respondent stated that the Principal of the petitioners' College submitted the proposal for placement of the petitioners in Lecturer (Selection Grade) on 13.06.2023. The service records of the petitioners were submitted to the University on 24.08.2023. On verification of service records, it was noted that the Deputy Director of Collegiate Education has revised the pay and the designation of the petitioners as per the 6^th UGC Pay Revision based on the form of option submitted by the petitioners. The petitioners were required to resubmit the fixation statement and other required documents with the pay and designation as