“5. When, in 1991, the UGC scheme was implemented in the State of Kerala, the existing teachers were divided into two, viz. 52% in the UGC scale of pay and the balance in the State scale of pay. The 48% would be integrated into the UGC scale of pay after putting in the required number of years of service. Thereafter, all appointments made in aided colleges under the various Universities in Kerala could only have been in UGC scale. Admittedly, the petitioners were appointed on 8-3-1997 and 5-3-1997 after the UGC scheme was implemented in the State of Kerala. Therefore, the petitioners could have been appointed only in the UGC scale of pay. In fact, in Ext. P8, it is admitted that the petitioners, after completing the required period of service, were given placement in the senior scale of pay of Rs. 10000-15200. If they were to be given senior scale of pay after putting in the required number of years, necessarily, they should have been appointed in the UGC scale of pay, who only are entitled to placement in the senior scale of pay. That being so, I have no doubt in my mind that the petitioners are entitled to UGC scale of pay from the date of their appointment and revision of scale of pay as and when the UGC scale of pay was revised.”
