Dismissed

Rev.Fr.Joseph Jose v. the M.G.University

Kerala HC3 Jul 2013WP(C)/32517/2007

Case brief

AI extract

What is this about?

The High Court directed the third respondent (Director of Collegiate Education) to examine the eligibility of petitioners (Grade I Librarians) for UGC scale of pay. If found eligible, salary must be released from the date of eligibility and pay revised within three months. The writ petition was disposed of based on this direction.

What did the court decide?

Direction to the third respondent to examine the petitioners' case for UGC pay scale eligibility and, if eligible, revise pay and release salary accordingly within three months.

Rev.Fr.Joseph Jose Vs the M.G.University — Pension and Retirement Benefits | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE B.P.RAY

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WEDNESDAY, THE 3RD DAY OF JULY 2013/12TH ASHADHA, 1935

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WP(C).No. 32517 of 2007 (U)

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PETITIONER(S):

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1. REV. FR.JOSEPH JOSE, I GRADE LIBRARIAN SB COLLEGE,

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CHANGANACHERRY.

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2. SAJAN VARGHESE, I GRADE LIBRARIAN, MARTHOMA COLLEGE, THIRUVALLA.

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3. TOMY JOSEPH, I GRADE LIBRARIAN, ST.THOMAS COLLEGE, PALA.

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4. BIJIMOL JOSEPH, I GRADE LIBRARIAN, ALPHONSA COLLEGE, PALA.

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5. JOSHI GEORGE.P., I GRADE LIBRARIAN, ST.ALBERT'S COLLEGE, ERNAKULAM.

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6. JOSHI JOHN NIDHIRI, I GRADE LIBRARIAN, DEVAMATHA COLLEGE,

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KURAVILANGADU.

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BY ADVS.SRI.BABU VARGHESE SRI.JOHNSON T. JOHN

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RESPONDENT(S):

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1. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS P.O., KOTTAYAM.

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2. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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3. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM.

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WP(C)NO.32517/2007

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4. UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS SECRETARY, BAHADURSHAH ZAFAR MARG, NEW DELHI-110 002

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R1 BY ADV.SRI.JACOB VARGHESE,SC BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY SRI.VARUGHESE M.EASO, SC, M.G. UNIVERSITY SRI.VIVEK VARGHESE P.J., SC, M.G. UNIVERSITY R2 & R3 BY GOVERNMENT PLEADER SMT. MAYA R4 BY ADV. SRI.S.KRISHNAMOORTHY, CGC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C)NO.32517/2007

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 COPY OF THE PLACEMENT ORDER ISSUED IN RESPECT OF THE 1ST PETITIONER'S PREDECESSOR DATED 4/12/1993

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P1(A) COPY OF THE PLACEMENT ORDER ISSUED IN RESPECT OF THE 2ND PETITIONER'S PREDECESSOR DATED 4/6/1996

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P1(B) COPY OF THE PLACEMENT ORDER ISSUED IN RESPECT OF THE 3RD PETITIONER'S PREDECESSOR DATED 27/9/1996

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P1(C) COPY OF THE PLACEMENT ORDER ISSUED IN RESPECT OF THE 4TH PETITIONER'S PREDECESSOR DATED 13/09/2001

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P1(D) COPY OF THE CERTIFICATE DATED 25/09/2007 SHOWING THAT THE 5TH PETITIONER'S PREDECESSOR WAS A I GRADE LIBRARIAN PLACE IN THE U.G.C. SCALE.

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P1(E) COPY OF THE PLACEMENT ORDER ISSUED IN RESPECT OF THE 6TH PETITIONER'S PREDECESSOR DATED 02/05/1995

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P2 COPY OF THE PROPOSAL FOR THE PLACEMENT OF THE 1ST PETITIONER DATED 18/1/1997 SUBMITTED BEFORE THE 3RD RESPONDENT.

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P2(A) COPY OF THE PROPOSAL FOR THE PLACEMENT OF THE 2ND PETITIONER DATED 1/1/1993 SUBMITTED BEFORE THE 3RD RESPONDENT.

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P2(B) COPY OF THE PROPOSAL FOR THE PLACEMENT OF THE 3RD PETITIONER DATED 3/4/1998 SUBMITTED BEFORE THE 3RD RESPONDENT.

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P2(C) COPY OF THE PROPOSAL FOR THE PLACEMENT OF THE 4TH PETITIONER DATED 21/12/1999 SUBMITTED BEFORE THE 3RD RESPONDENT.

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P2(D) COPY OF THE PROPOSAL FOR THE PLACEMENT OF THE 5TH PETITIONER DATED 15/1/1997 SUBMITTED BEFORE THE 3RD RESPONDENT.

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P2(E) COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 6TH PETITIONER IN THE MATTER OF THE PLACEMENT.

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P3 COPY OF THE GOVERNMENT OF INDIA LETTER NO.F-1 21/87-U.I. DATED 22/7/88

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P4 COPY OF THE G.O.(MS)NO.66/90/H.EDN DATED 13/3/1990

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P4(A) COPY OF THE G.O.(P) NO.79/90/H.EDN DATED 27/3/1990

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P5 COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT BY ALL KERALA QUALIFIED LIBRARIANS ASSOCIATION DATED 9/12/1991

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2/-

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-2-

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WP(C)NO.32517/2007

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P6 COPY OF THE RECOMMENDATION MADE BY THE MAHATMA GANDHI UNIVERSITY DATED 21/2/1991 TO THE GOVERNMENT

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P7 COPY OF THE PROPOSAL SUBMITTED BY THE 3RD RESPONDENT TO THE GOVT. DATED 31/3/1995

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P8 COPY OF THE LETTER SENT BY THE 2ND RESPONDENT DATED 24/10/1995

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COPY OF THE G.O.(MS) NO.87/91 H.EDN DATED 8/04/1991

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P10 COPY OF THE G.O.(MS) NO.34/98/H.EDN DATED 21/3/1998

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P11

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COPY OF THE G.O.(RT)1725/94/H.EDN DATED 16/11/1994

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P12 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVT. DATED 6/4/1998

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P13 COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT REJECTING THE CLAIM OF THE 1ST PETITIONER DATED 8/5/1997

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P13(A) COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT REJECTING THE CLAIM OF THE 2ND PETITIONER DATED 1/6/1996

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P14 COPY OF THE JUDGMENT DATED 16/11/2006 IN O.P.NO.29443/2000

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P14(A) COPY OF THE STATEMENT SUBMITTED BEFORE THE 3RD RESPONDENT BY THE PETITIONER'S AT THE TIME OF HEARING

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P14(B) COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 22/5/2007 REJECTING THE CLAIM OF THE PETITIONERS

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P15 COPY OF THE G.O.(MS)NO.154/92/H.EDN DATED 19/9/92 EXTENDING THE U.G.C BENEFITS TO QUALIFIED LIBRARIAN

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P16 COPY OF THE ORDER NO.A3-1578/2000 DATED 26/4/2000 ISSUED IN FAVOUR OF SRI.ABE GEORGE.

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P17 COPY OF THE G.O.(MS) NO.130/2000/H.EDN DATED 11/8/2000 IMPLEMENTING U.G.C SCHEME TO LIBRARIAN IN GOVERNMENT COLLEGES.

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P17(A) COPY OF THE G.O.(RT)NO.531/2002 J. EDN DATED 30/4/2002 GRANTING U.G.C BENEFITS TO SRI.A.M. RAVEENDRAN, SENIOR GRADE LIBRARIAN, GOVERNMENT MEDICAL COLLEGE, KOTTAYAM.

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P17(B) COPY OF THE ORDER NO.DP 2/7254/1999 DATED 18/6/1999 GRANTING U.G.C BENEFITS TO SRI. ABDUL AZEEZ T.M., LIBRARIAN, T.K.M. ENGINEERING COLLEGE, KOLLAM.

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P17(C) COPY OF THE ORDER NO.DP3/2467 (29)/2001 DATED 28/4/2001 GRANTING REVISED U.G.C. SCALE OF PAY TO ABDUL AZEEZ.T.A.

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P18 COPY OF THE LETTER SENT BY THE 3RD RESPONDENT TO THE 2ND PETITIONER DATED 1/1/2003 REJECTING HIS CLAIM FOR U.G.C. BENEFITS.

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P19 COPY OF THE GOVERNMENT LETTER NO.2566/D2/94/H.EDN DATED 28/10/1994.

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P20 COPY OF THE NOTICE DATED 18/12/2010

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P21 COPY OF THE G.O.(RT)NO.2461/2010/H.EDN DATED 31/12/2010

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RESPONDENT'S EXHIBITS:

NIL

/TRUE COPY/

P.S.TO.JUDGE

sts

B.P. Ray, J.

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W.P.(C)No.32517/2007

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====================================

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Dated this the 13^th day of June, 2013.

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JUDGMENT

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Heard the learned counsel for the petitioners, learned standing

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counsel Sri.Jacob Varghese and the learned Government Pleader.

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Petitioners have filed this writ petition with the following prayers:

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“i) to call for the records relating to Exts.P1 to P19 and issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P14(b);

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ii) to declare that the petitioners possess the necessary qualifications as prescribed by the Statutes as well as by the vacancies of Librarian Gr.I who were in the UGC Scheme and therefore are entitled to get the fixation of pay in the scale of pay of Rs.2200-4000/- with effect from the date of appointment with consequential benefits; iii) issue a writ of mandamus, order or direction directing the respondents to fix the scale of pay of the petitioners (UGC qualified Gr.I Librarians) in the UGC scale of pay at Rs.2200-4000 with effect from the date of appointment; iv) declare that the date 31.3.1990 has no relevance in the case of UGC qualified Gr.I Librarians and is applicable only to unqualified Librarians who were in service at the

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-:2:-

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time of implementation of the UGC Scheme in Kerala; v) issue such other order or direction as this Honourable Court may deem fit in the interest of justice.”

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Petitioners are Librarians. The grievance of the petitioners is that they are not getting UGC scale even though they are working in terms of the guidelines of the UGC and accepted by the Government vide G.O.(Rt)No.2461/2010/H.Edn. dated 31.12.2010 exhibited as P21 in this writ petition. In that view of the matter, I direct the third respondent to examine the case of the petitioners and if found eligible in terms of the Government Order, release their salary from the date on which they are eligible and revise their pay accordingly, within a period of three months from the date of receipt of a copy of this judgment.

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Writ petition is disposed of accordingly.

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B.P. Ray, Judge.

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sl.

Rev.Fr.Joseph Jose v. the M.G.University

Case brief

What is this about?

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Rev.Fr.Joseph Jose v. the M.G.University

Case brief

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