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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S.
Deepa R. W/o A.J. Muhammed Shafeer – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. appellant's promotion and pay fixation disputes (Para 2) |
| 2. arguments regarding the validity of ext.p23 order (Para 8 , 9 , 10) |
| 3. judicial observations on scheme switching (Para 11 , 12 , 13) |
| 4. final decision to set aside previous judgment (Para 14) |
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 2nd 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 VIth 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
No regulation prohibits returning to the State pay scheme from UGC scheme; necessity for administrative fairness in resolving pay fixation issues.
Directly recruited university teachers are entitled to higher pay scales without a five-year service requirement, as per UGC Regulations superseding earlier rules.
Homogeneous cadre of Assistant Librarians entitled to uniform pay scales including UGC benefits despite post-new rules regularization, as appointments predated prospective 2010 rules; parity prevents....
Rule 28(A) of Part I KSR would apply only in cases where the anomaly arises out of fixation of pay pursuant to a pay revision order and that it does not apply to an anomaly arising as a result of tim....
The court affirmed that Librarians are not exempt from UGC qualification requirements for pay revisions, emphasizing adherence to prior judgments.
UGC Regulations on appointment of teachers prevail over conflicting State Government Orders, mandating adherence to UGC standards for designation and pay fixation post-tenure.
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