MARIA PADMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petitioner is the appellant. The respondents herein were the respondents in the writ petition. The appellant, who is a Physical Education Teacher of Fatima Matha College, Kollam, approached this Court, feeling aggrieved by the stand of the Government in Ext. P11 communication dated 23/08/2005 that she is eligible to get UGC scale of pay only on completion of eight years' service, that is only with effect from 04/06/1998.

(2.) The brief facts of the case are the following: The appellant was appointed in the 4th respondent's College as Lecturer in Physical Education on 04/06/1990, by Ext. P1 order. By Ext. P2 order dated 29/10/1992, the said appointment was approved by the University of Kerala with effect from 04/06/1990. By Ext. P3 communication dated 22/10/1993, the Government informed the Director of Collegiate Education that one Physical Education Teacher in each college where the number of students under Degree / P.G. Course is 1000 or below, will be brought under the UGC scheme. Other Physical Education Teachers who are not eligible to come under the scheme will be granted UGC scales on completion of eight years' service. This was followed by Ext. P5 Government order dated 21/03/1998, wherein it is stated that in every college where there are Degree and P.G. Courses, there will be at least one post of Physical Education Teacher under the UGC scheme.

(3.) In the meantime, the University of Kerala amended its Regulations by Ext. P4 resolution notified on 07/04/1997, providing that teachers appointed / re-appointed after 13/03/1990 but before 26/10/1992 are exempted from passing the National Eligibility Test and academic qualifications prescribed by the UGC. By virtue of the above resolution, any hurdle that stood in the way of the appellant being paid the UGC scale of pay was removed. Thereupon, her Principal addressed Ext. P6 communication on 10/03/1999 to the Director of Collegiate Education, to sanction UGC scale of pay for the appellant. It was followed by Ext. P7 communication dated 28/07/2000 addressed by her Principal to the Deputy Director of Collegiate Education. Kollam. The Deputy Director recommended her case to the Director by Ext. P8 communication dated 28/10/2000. The appellant's Principal followed up the matter by addressing Ext. P9 representation dated 18/05/2001 to the Deputy Director. Along with Ext. P9, details regarding students' strength for the years 1990-91, 1991-92 and 1992-93 were also furnished. It would show that the students' strength at Degree and P.G. level was above 1800 for all the three years. Later, the appellant filed Ext. P10 representation before the Deputy Director of Collegiate Education, praying to grant her UGC scale of pay. In the meantime, the matter was pending before the Government, on the motion made by the Director of Collegiate Education. Finally, the Government, by Ext. P11 communication dated 23/08/2005, informed the Director that the appellant is eligible for UGC scale of pay on completion of eight years' service with effect from 04/06/1998. Reliance was placed on Ext. P5, to take the said stand. Aggrieved by Ext. P11, the writ petition was filed. The appellant / writ petitioner submitted that as per the relevant orders, she is entitled to get UGC scale of pay from 04/06/1990, the date on which she was appointed. She was appointed in a vacancy created by the retirement of a Physical Education Teacher, who was covered by the UGC scheme introduced in 1986. Therefore, there was no justification for not granting the benefit to her, it is submitted.