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2012 DIGILAW 838 (KER)

University Grants Commission Rep. by its Secretary v. E. J. Vincent

2012-09-10

C.K.ABDUL REHIM, C.N.RAMACHANDRAN NAIR

body2012
JUDGMENT C.N. Ramachandran Nair, J. These writ appeals are filed by the State, University Grants Commission and also Central Government challenging the judgment of the learned Single Judge declaring that clause 1(ii) of Ext.P3 Circular dt.6.11.1998 issued by the Central Government applies to those who become Lecturers (Selection Grade)/Readers even after 1.1.1996 and on completion of 5 years they will get minimum pay of Rs.14,940/-. We have heard Special Government Pleader (Finance) for the State, Advocate Krishnamoorthy for UGC and also for Central Government which are the appellants and various counsel appearing for party respondents in the writ appeals. Ext.P1 is the Central Government Order dt.27.7.1998 granting pay revision under UGC scales to teaching faculty members of the University and aided colleges affiliated to them with effect from 1.1.1996. Ext.P3 is the limited modification issued on 6.11.1998 to specify and confer certain benefits to certain categories subject to conditions thereunder. The only controversy is with regard to the category of Lecturers (Selection Grade)/Readers who are entitled to get the minimum wages of Rs.14,940/-on completion of 5 years services in that grade. The issue revolves round the plain interpretation of clause 1(ii) of Ext.P3 circular which is extracted hereunder for easy reference. 1. Pay Scales (i) The revised scales mentioned in Annexure-I of our letter dated 27.7.1998 shall be effective from 1.1.1996. Accordingly, the Annexure-II enclosed with the letter referred to may be treated as withdrawn. (ii) The fixation of pay of Lecturers (Selection Grade)/Readers in the pre-revised scale of Rs.3700-125-4950-150-5700/- who were selected strictly in accordance with the rules and regulations framed by the UGC and who were in position as Lecturers (Selection Grade)/Readers as on 1.1.1996, will be made in a manner that they get their pay fixed at the minimum of Rs.14,940/- in the revised scale of Rs.1200-42-18300 as and when they complete five years in the grade. 2. While the case of the appellants comprising of State Government, UGC and the Central Government is that only Lecturers (Selection Grade)/Readers who are in that grade as on 1.1.1996 on completion of five years in that grade will get the minimum wages of Rs.14,940/- as stated therein. 2. While the case of the appellants comprising of State Government, UGC and the Central Government is that only Lecturers (Selection Grade)/Readers who are in that grade as on 1.1.1996 on completion of five years in that grade will get the minimum wages of Rs.14,940/- as stated therein. The contention raised on behalf of the party respondents is that every senior grade Lecturer on becoming Lecturer (Selection Grade)/Reader after 1.1.1996 also will be eligible for the benefit of minimum wages of Rs.14940/- on completion of 5 years service in that grade. 3. After hearing both sides and on going through the above provision what we notice is that it applies to only those who have become Lecturers (Selection Grade)/Readers at least on 1.1.1996 and not on any date subsequent to that. In other words only those who have become Selection Grade Lecturers/Readers on 1.1.1996 or any date prior to that will be covered by the above provision. The benefit of Rs.14940/- is payable only to the above category of Selection Grade Lecturers/Readers on completion of 5 years service from the date on which they became Selection Grade Lecturers/Readers. So much so the provision does not apply to any senior grade Lecturer becoming Selection Grade Lecturers/Readers on any date after 1.1.1996. Therefore such people are not entitled to minimum pay of Rs.14,940/-on completion of 5 years, which finding of the learned Single Judge in our view is against the above provision. 4. Eventhough several counsel appearing for the respondents contended that the benefit should be unanimously made applicable to all Selection Grade Lecturers/Readers on completion of 5 years, we do not think it is within the powers of this court to re-write the Government order whatever be the justification, the respondents may claim. On the face of it what we notice is the benefit is granted only to such of the persons who worked as Selection Grade Lecturers/Readers under the pre-revised scales of pay for periods prior to 1.1.1996. If the benefit is intended for all Selection Grade Lecturers/Readers on completion of 5 years for the purpose of notification, then we see no reason why the Government introduced a cut of date that is on 1.1.1996 which clearly indicate that those becoming Selection grade Lecturers/Readers on any date after 1.1.1996 are not covered by Ext.P3 circular. If the benefit is intended for all Selection Grade Lecturers/Readers on completion of 5 years for the purpose of notification, then we see no reason why the Government introduced a cut of date that is on 1.1.1996 which clearly indicate that those becoming Selection grade Lecturers/Readers on any date after 1.1.1996 are not covered by Ext.P3 circular. If any of the category of Selection Grade Lecturers/Readers have any grievance against implementation of pay revision vide Ext.P1 as modified by Ext.P3 the remedy is only to take up the matter before the Government or UGC for clarification and not to request this court to interpret Ext.P3 notification giving a meaning contrary to what is intended and what is conveyed through plain language. We therefore allow the appeals by vacating the judgment of the learned Single Judge and by directing the appellants to give minimum pay of Rs.14940/- to all the Selection Grade Lecturers/Readers who were in that grade as on 1.1.1996 or any date prior to that on completion of 5 years service in that grade by them.