The court ruled that pay fixation withdrawals without due process are illegal, affirming the right to UGC pay scales for petitioners who had exercised their options in accordance with earlier judgments.

J U D G M E N T

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The petitioners, who are working as Associate Professors under the Institute of Human Resources Development, are before this Court seeking to quash the proceedings dated 31.01.2023, the order dated 01.06.2007 and their salary pay fixation statements. The petitioners state that they are entitled to pay fixation under AICTE/ UGC Scheme on acceptance of their option as per proceedings dated 21.12.2010 of the IHRD.

2. The petitioner in W.P.(C) No.5466/2023 holds MSc and MPhil in Mathematics. Pursuant to a notification dated 28.07.1995, the petitioner submitted application for appointment as Lecturer in Mathematics. The petitioner was appointed as Lecturer in the College of Applied Sciences in the pay scale of ₹2060-3200 with effect from 01.09.1998. The petitioner successfully completed her probation as per order dated 16.04.1997.

3. The 1^st petitioner in W.P.(C) No.6161/2023 holds MSc Mathematics and MPhil. The 2^nd petitioner holds MSc Chemistry and BEd. They were appointed as Lecturers during 1992 and 1993. They were later promoted as Principals. They retired on superannuation while working as Associate Professor, on 28.02.2023 and 31.05.2022 respectively.

4. The petitioner in W.P.(C) No.6444/2023 joined service as Lecturer on 18.04.1996 and his service was regularised with effect from 01.09.1998. The petitioner was placed in the cadre of Assistant Professor (Mechanical Engineering) in the pay scale of ₹12000-18300 on 19.07.2007. The post was redesignated as Associate Professor on 21.07.2007 and the petitioner was placed in the pay band of ₹37,400-67000 with AGP of ₹9,000/-. The petitioner acquired PhD on 30.03.2010 and was granted three advance increments.

5. The petitioner in W.P.(C) No.6471/2023 holds MSc Mathematics and MPhil. The petitioner has also passed NET. He joined service as Lecturer under the IHRD in the year 1993. He was promoted as Principal on 03.08.1998. The petitioner is now working as Associate Professor in Mathematics in the College of Engineering, Chengannur.

6. The petitioner in W.P.(C) No.6545/2023 was initially appointed as Lecturer in Physics on contract basis on 12.08.1994. Her service was regularised with effect from 01.02.1996. The petitioner in W.P.(C) No.6579/2023 holds MSc and MPhil. She was appointed as Lecturer (Mathematics) on 13.01.1994 on contract basis. She was regularised in service with effect from 01.01.1997.

7. The petitioners state that prior to extension of AICTE/UGC packages, appointments in IHRD were made from a common rank list and candidates were assigned to different institutions. Their positions were interchangeable. On 01.06.2007, the IHRD ordered implementation of UGC Scheme for Arts and Science faculties in Engineering Colleges with effect from 01.07.2006.

8. The petitioners state that they were qualified and eligible for pay scales under the UGC packages. However, they were denied option to come over to Engineering Colleges under the IHRD. Two Teachers of non- engineering faculty in the Institutes/Colleges under the IHRD filed W.P.(C) No.18048/2007 seeking implementation of UGC benefits and option to come over to Engineering Colleges. The said writ petition was disposed of as per judgment dated 05.10.2009 directing the IHRD to invite fresh options considering the academic qualifications and other requirements within two months. This Court made it clear that the benefits under the UGC package will depend on the orders to be passed by the IHRD.

9. The IHRD called for options. However, the revised pay as per UGC Scheme was not sanctioned or disbursed. Certain Professors filed W.P.(C) No.9441/2012, W.A