S.B.SINHA, J. - (1.) LEAVE granted.
(2.) WHETHER respondents are entitled to obtain the benefit of Scale of Pay in terms of the University Grants Commission (for short, "UGC") guidelines is the question involved in these appeals. They arise out of a judgment and order dated 3.4.2008 passed by a Division Bench of the High Court of Kerala at Ernakulum in Writ Appeal Nos. 660, 680 and 748 of 2008, dismissing the appeals preferred by the appellant herein against the judgment and order dated 14.11.2007 passed by a learned single judge of the said Court in Writ Petition (Civil) Nos. 13572, 10496 and 13543 of 2006. Respondents herein were appointed as Junior Assistant Professors on 14.08.1973, 21.1.1977 and 4.10.1977. They were appointed as Assistant Professors on, 02.12.1982 and 12.01.1983, 11.05.1979 respectively. In the year 1988, appellant - University issued an order whereby and whereunder the decision taken by the State of Kerala upon accepting the recommendations of the Fourth Pay Commission directing grant of time-bound grade promotion to the teaching staff; pursuant whereto and in furtherance whereof, the scales of pay of Assistant Professor and Associate Professor were revised to Rs.1500-2685/- and Rs.1950-2950/- respectively. Clause VI of the Pay Revision Order provided for grant of time bound higher grade promotion (Non-cadre) to those having total ten years' of service in the first two grades taken together where there are four levels from the entry cadre to the Professor Cadre. On or about 23.3.1988, appellant - University, in terms of the said direction, ordered for grant of 1st higher grade non-cadre promotion as Assistant Professor (Higher Grade) with pay of Rs.1950-2950/-, stating: "The matter has been considered by the Executive Committee and in consonance with the decision of the 195th meeting of Exe. Committee held on 25.2.1988 the following orders are issued. i) The clause (VI) of para (10) of G.O. (P) 515/85/Fin dated 16.9.85 is made applicable to the Assistant Professors of Kerala Agricultural University subject to the condition that while computing the combined length of 10 years service in the cadre, at least two years should be in the cadre of Asst. Professor." Pursuant to or in furtherance of the said decision, concededly the designation of the Assistant Professor (Higher Grade) was changed to that of Associate Professor (Non-Cadre). They were placed in the pay scale of Rs.1950-2950/- by an order dated 20.4.1988 subject to the conditions mentioned therein. By an order issued by the appellant - University, thirty five Assistant Professors including the contesting respondents herein were granted time bound higher grade non-cadre promotion to the posts of Associate Professor (Non-Cadre) with effect from 04.10.1987, 01.04.1987 and 12.01.1987 respectively. On or about 25.6.1990, a Scheme as recommended by UGC/Indian Council of Agricultural Research ( for short, "ICAR") and approved by the Government of Kerala was accepted by the University subject to the terms and conditions mentioned therein with retrospective effect from 1.1.1986, the relevant provisions whereof read as under: "3.01. The revised scales (Appendix I) are inclusive of Basic Pay (as on 1.1.1986 in the 1973 U.G.C./I.C.A.R. Scale), the Dearness Pay, Dearness Allowances, Additional Dearness Allowance and Interim Relief if any, admissible to teacher as on 1.1.1986. 3.02. The existing scale of pay of teachers in the University to whom the scheme is applicable and the corresponding revised scale of pay for which they are entitled are given in Appendix II. xxx xxx xxx 5.04 Promotion to the post of Associate Professor will be through a process of selection by a selection committee to be set up under the Statutes/ Ordinance of the University and in accordance with the guidelines laid down by the I.C.A.R. from time to time. Posts of Associate Professors will be created for this purpose wherever necessary by upgrading a corresponding numbers of posts of Assistant Professors in the University. xxx xxx xxx 5.06. Teachers in the University will be placed at the appropriate stage in the revised scales in accordance with the pay fixation formula under this scheme. Existing Assistant Professors who have completed or will complete a total period of sixteen years of service as on 1.1.1986 or thereafter will be eligible for promotion to the post of Associate Professors in the selection grade as per the provisions contained in para 5.03 to 5.05. They will also be entitled to the relaxation in years of service by 3 years if they hold Ph.D. degree. 5.07 Promotions made before the announcement of the revised scales of pay on 1.2.1988 by the I.C.A.R. will not be reopened. However, in such cases the benefit of revision will be available to teachers only from the date of promotion. The existing merit promotion scheme viz., Assessment, norms and Non-cadre promotion made after 1.2.1988 will be treated as cancelled. No such promotion schemes shall be in vogue from the date of issue of these orders." Appendix I referred to in paragraph 3.01 provided for the following: JUDGEMENT_486_TLPRE0_2009Html1.htm Indisputably, the contesting respondents acquired their Ph.D Degrees in the years 1991, 1994 and 1999 respectively.
(3.) IT is furthermore not in dispute that a notification was issued by the appellant - University on or about 21.3.1995 pursuant whereto or in furtherance whereof, inter alia the following was provided: "h) Teachers in the University will be placed at the appropriate stage in the revised scales in accordance with the pay fixation formula under this scheme. Existing Assistant Professors who have completed or will complete a total period of sixteen years of service as on 1.1.1986 or thereafter will be eligible for promotion to the post of Associate Professor or placement in the selection grade as per provisions contained in Clause II. They will also be entitled to the relaxation in years of service by 3 years if they hold Ph.D. Degree. i) Promotions made before the announcement of the revised scales of pay on 25.6.1990 by the ICAR will not be reopened. However, in such cases the benefit of revision will be available to teachers only from the date of promotion. The existing merit promotion scheme viz., assessment, norms and non-cadre promotion made after 25.6.90 will be treated as cancelled. No such promotion schemes shall be in vogue after 25.6.1990. However all the service conditions existed before the introduction of UGC/ICAR scheme will be available to those teachers who opt out of ICAR Scheme." An Original Petition was filed by one K. Viswambharan, who was an Assistant Professor questioning the aforementioned orders.;