No regulation prohibits returning to the State pay scheme from UGC scheme; necessity for administrative fairness in resolving pay fixation issues.

JUDGMENT :

Muralee Krishna, J.

1. This writ appeal is filed under Section 5 (i) of the KERALA HIGH COURT ACT , 1958, by the petitioner in W.P.(C)No.38005 of 2024, challenging the judgment dated 17.12.2024 passed by the learned Single Judge in that writ petition.

2. The appellant was appointed as Library Assistant in the 2^nd respondent University on 05.08.1998. She was later promoted as Reference Assistant with effect from 01.12.2008. She holds Masters Degree and Ph.D in Library and Information Science. By Ext.P1 order dated 26.03.2019, the appellant was promoted as Assistant Librarian Grade II with effect from 19.03.2019. She joined the post on 26.03.2019.

2.1. According to the appellant, on the date of Ext.P1 order, the VI^th Central Pay Commission scale of pay was made applicable as the UGC scale of pay. The appellant, by Ext.P2 submission dated 29.03.2019, requested her induction into the UGC scheme and also for the grant of 5 non-compounded increments, being a Ph.D holder in the cadre of Assistant Librarian. Consequent to Ext.P2 submission, the pay of the appellant was fixed under the UGC scale of Pay Band-3 + Academic Grade Pay of Rs.6,000/- with 5 non-compounded advance increments as per Ext.P3 order dated 04.11.2019 issued from the office of the 3^rd respondent. By Ext.P4 submission dated 12.11.2019, the appellant requested the fixation of pay in the UGC scale of pay + 5 non-compounded advance increments in force. But by an order dated 26.06.2020 issued from the office of the 2^nd respondent, Ext.P3 order dated 04.11.2019 was cancelled and it was ordered that the appellant would be brought over to VII^th CPC scale of pay (Level-10 of the Pay Matrix), presumably based on the recommendations of the UGC accepted by the Government of Kerala in the year 2020 with retrospective effect from 01.01.2016. This has resulted in a substantial reduction in the pay of the appellant, lower than the pay the appellant was drawing on the date of promotion to the lower post, and moreover, this was not the scale of pay/UGC scheme for which the appellant had opted in terms of Ext.P2. Therefore, the appellant submitted Ext.P5 representation dated 14.07.2020 inter alia stating that Ext.P4 will have a cascading effect upon the monthly pay of the appellant and her future career, and therefore, she be exempted from the UGC scale of pay, which was ordered to be granted in Ext.P3, but not granted. Ext.P5 representation was not responded and hence the appellant continued to draw the scale of pay of a Reference Assistant. Subsequently, the appellant received Ext.P6 communication dated 17.09.2021 issued on behalf of the 3^rd respondent, wherein it was stated that the appellant's pay as Assistant Librarian would be fixed in the State scale of pay. Though Ext.P6 was directed to be given effect only from 02.09.2021, the same also did not materialise. The appellant then received Ext.P7 letter dated 19.11.2021 issued on behalf of the 3^rd respondent modifying Ext.P6 and directing the grant of the State scale of pay with effect from 26.03.2019.

2.2. The appellant submitted Ext.P8 representation dated20.11.2021 inter alia praying to declare the probation with effect from 26.09.2019. She submitted Ext.P9 request dated 20.11.2021 once again seeking fixation of her pay in the post of Assistant Librarian, as she continued to draw the scale of pay attached to the post of Reference Assistant. In the meanwhile, a vacancy of Assistant Librarian Grade-I in the State scale of pay arose on 01.05.2021. The appellant, therefore, submitted Ext.P10 request dated 31.01.2022 to promote her as Assistant Librarian Grade-I with effect from 01.05.2021. Since no action was taken on Ext.P10, the appellant submitted Ext.P11 repres