Allowed

Roymnon.N. v. Priincipal, St. Gregorious College

Kerala HC9 Feb 2017WP(C)/1598/2013

Case brief

AI extract

What is this about?

The Court allowed the writ petition held that the relaxation of NET qualification exemption granted to aided college teachers extends to librarians, set aside Exhibit P11, and ordered the refixation of pay and pensionary benefits with arrears.

What did the court decide?

Exhibit P11 set aside. Petitioner eligible for relaxation under Exhibit P5. Refixation of pay and pension with arrears to be paid within three months.

Roymnon.N. Vs Priincipal, St. Gregorious… — Pension and Retirement Benefits | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 9TH DAY OF FEBRUARY 2017/20TH MAGHA 1938

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WP(C).No. 1598 of 2013 (Y)

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PETITIONER(S):

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ROYMON N., AGED 56 YEARS, S/O. NINAN, LIBRARIAN GRADE-I (RETD), ST. GREGORIOUS COLLEGE, PULAMON P.O., KOTTARAKKARA, RESIDING AT KANJIRAMVILAYIL VEEDU, THEKKECHERRY, KANJAVELY P.O., KOLLAM.

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BY ADV. SRI.S.MUHAMMED HANEEFF

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RESPONDENT(S):

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1. PRINCIPAL, ST. GREGORIOUS COLLEGE, PULAMON.P.O., KOTTARAKKARA-691 531.

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2. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM-691 001.

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3. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 001.

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4. STATE OF KERALA, REP. BY ITS SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION (D) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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R1 BY ADV. SRI.V.PHILIP MATHEW

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R2-R4 BY GOVERNMENT PLEADER SMT.MARY BEENA JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 1598 of 2013 (Y)

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APPENDIX

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PETITIONER(S) EXHIBITS

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----------------------

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EXT.P1	TRUE COPY OF THE APPOINTMENT ORDER NO. SGC/SA/1893/92 DT. 1-5-1992 ISSUED TOT HE PETITIONER.
EXT.P2	TRUE COPY OF THE ORDER NO. ESTT. E1-37270/92/COLL. EDN./K.DIS DT. 3-10-1992 ISSUED BY THE D.D.C.E. THIRUVANANTHAPURAM.
EXT.P3	TRUE COPY OF THE GO P. NO. 171/99/H.EDN. DT. 21-12-1999 ISSUED BY THE GOVERNMENT.
EXT.P4	TRUE COPY OF THE GO (MS) NO. 50/08/H.EDN. DT. 9-5-2008 ISSUED BY THE GOVERNMENT.
EXT.P5	TRUE COPY OF THE GO (RT) NO. 1725/94/H.EDN. DT. 16-11-1994 ISSUED BY THE 4TH RESPONDENT.
EXT.P6	TRUE COPY OF THE ORDER NO. F (4) 52269/08/COLL. EDN. DT. 12-5-2009 ISSUED BY THE DIRECTOR.
EXT.P7	TRUE COPY OF THE COMMUNICATION NO. UGC CELL 1(2) 43620/90 DT. 11-3-1997 ISSUED BY THE DIRECTOR.
EXT.P8	TRUE COPY OF THE ORDER NO. 35697/D3/09/H.EDN. DT. 6-11-2009 ISSUED BY THE 4TH RESPONDENT.
EXT.P9	TRUE COPY OF THE GO (RT) NO. 2461/2010/H. EDN. DT. 31-12-2010 ISSUED BY THE GOVERNMENT.
EXT.P10	TRUE COPY OF THE JUDGMENT DT. 11-4-2011 IN WPC NO. 10029/2010 OF THIS HON'BLE COURT.
EXT.P11	TRUE COPY OF THE GO (RT) 2686/2012/H. EDN. DT. 17-12-12 ISSUED BY THE GOVERNMENT.
EXT.P12	TRUE COPY OF JUDGMENT IN OP.NO.13584/1992 DTD.18.12.1992 ON THE FILES OF THIS HON'BLE COURT.
EXT.P13	TRUE COPY OF THE ORDER BEARING G.O.(MS) NO.684/2015/H.EDN DTD.15.12.2015 ISSUED BY THE 4TH RESPONDENT

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RESPONDENT(S)' EXHIBITS

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NIL //TRUE COPY//

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P.S.TO JUDGE

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Msv/

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ANU SIVARAMAN, J.

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W.P(C).No. 1598 of 2013

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Dated this the 9^th February, 2017

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JUDGMENT

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The prayers in this writ petition are as follows:

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“ i. call for the records leading upto Exhibits P8 and P11 and quash the same by issuing a writ of certiorari, or any other appropriate writ, order or direction.

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Ii. issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 3 to refix the petitioner's pay in UGC scale of pay with effect from 17.9.2004 in the scale of College Librarian (Selection Grade) as provided under Exhibit P3 (12,000-18,300) and sanction and disburse the same with arrears forthwith and also revise the pension and other pensionary benefits in accordance with the refixation of salary.”

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Heard learned counsel for the petitioner and the learned Senior Government Pleader.

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It is submitted by learned counsel for the petitioner that the petitioner would be entitled to the benefit of Exhibit P5 Government order by which teachers appointed/reappointed after 13.3.1990 but before 14.5.1992 were exempted from passing NET qualification prescribed by the UGC. It is submitted that the conditions in Exhibit P5 Government order will be applicable to Librarians also. In

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WP(C).1598/13

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Exhibit P11 Government order dated 17.12.2012, it is stated that Exhibit P5 is applicable only to teachers and not to Librarians and the petitioner would, therefore, not be entitled to the benefits as stated in Exhibit P5. It is submitted that going by Exhibit P13 Government order dated 15.12.2015, the benefits of Exhibit P5 are being extended to Librarians as well. It is submitted that the petitioner is eligible for the benefit of Exhibit P5 Government order.

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A counter affidavit has been filed on behalf of the 3^rd respondent, contending that aided College librarians are entitled to placement in the UGC scheme as and when they acquire the qualification. However, the question whether the petitioner would be entitled to the benefit of exemption as has been granted to teachers in Exhibit P5, has not been stated in the affidavit.

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I have considered the contentions advanced. Going by Exhibit P5, relaxation have been granted to teachers appointed before 14.5.1992 from possessing NET qualifications. The same benefits would be available to other staff in aided colleges as well, since they are also entitled to be identically placed as teachers. The provisions contained in Exhibit P13 order also made it clear that the benefits of UGC placement have been made applicable to Librarians as well on the same terms and conditions as would be applicable to aided college teachers. In the above view of the matter, the conditions contained in Exhibit P11 to the effect that the benefit of

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WP(C).1598/13

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exemption extended to aided school teachers by Exhibit P5 alone would not be applicable to the petitioner was not informed by any sustainable reason.

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Exhibit P11 is, therefore, set aside. It is declared that the petitioner who was appointed as Librarian before 14.5.1992 would also be eligible for the relaxation of qualification extended to aided college teachers by Exhibit P5 order. Consequential orders shall be passed granting the petitioner all benefits due to him by respondents 2 and 3 at the earliest. Thereafter, the monetary benefits shall be calculated and paid to the petitioner. Since the petitioner has already retired from service, the arrears of pay and pension shall also be calculated and disbursed to the petitioner. The entire exercise shall be completed within three months from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above.

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ANU SIVARAMAN

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vgs9/2

Roymnon.N. v. Priincipal, St. Gregorious College

Case brief

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Roymnon.N. v. Priincipal, St. Gregorious College

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