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IN THE HIGH COURT OF KERALA AT ERNAKULAM
D. K. SINGH, J
Roymon N. – Appellant
Versus
V Venu – Respondent
JUDGMENT
D. K. Singh, J.
W.P.(C) Nos. 1534 of 2021 & 13514 of 2021
1. The petitioner who stood retired as Librarian Gr. I on 31.03.2010 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;
a) The petitioner was initially appointed as Librarian Gr. IV at St. Gregorious College, Kottarakkara, Kollam district, an aided College affiliated to the University of Kerala on 24.09.1987. As per the averments in the writ petition, petitioner was promoted as Librarian Gr. I w.e.f. 01.05.1992.
b) The petitioner’s promotion as Librarian Gr. I was approved by the Director of Collegiate Education, Thiruvananthapuram vide the order dated 03.10.1992.
c) The UGC formulated a Scheme regarding the qualifications of teachers/lecturers in the University and Colleges and their pay scale etc. The State Government issued Government Order dated 21.12.1999 implementing the UGC scheme in the State Universities and Colleges affiliated to them in respect of the teachers at the Universities and Colleges. The UGC scale was also made applicabl
The court affirmed that Librarians are not exempt from UGC qualification requirements for pay revisions, emphasizing adherence to prior judgments.
M.Phil holders prior to the 2009 UGC amendment are exempt from NET/SLET, entitling them to UGC pay scales dated back to qualification acquisition.
The denial of UGC scale of pay from the date of regularization based on unjust conditions is discriminatory, violating equal treatment under Article 14.
No regulation prohibits returning to the State pay scheme from UGC scheme; necessity for administrative fairness in resolving pay fixation issues.
The court held that prior approval from the University eliminates the necessity for NET qualifications for pay scale considerations.
The central legal point established in the judgment is the entitlement of the petitioner to the pay scale of Rs. 2200-4000/- from the date of her appointment, the benefit of the Sixth Pay Commission,....
Termination of services is invalid if the employee meets all requisite qualifications as per appointment conditions and relevant laws.
The court emphasized the principle of parity in treatment for similarly situated individuals, directing the authorities to grant benefits under government resolutions.
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