Kerala High Court
State Of Kerala vs Sunny Joseph on 13 January, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT)No.442/2022
1
2025:KER:1629
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 13TH DAY OF JANUARY 2025 / 23RD POUSHA, 1946
OP(KAT) NO. 442 OF 2022
AGAINST THE ORDER DATED 25.02.2022 IN OA NO.1769 OF 2018 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/RESPONDENT IN O.A.:
STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT
HIGHER EDUCATION DEPARTMENT
GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM KERALA
PIN: 695001., PIN - 695001
BY SR. GOVERNMENT PLEADER SMT.NISHA BOSE
RESPONDENTS/APPLICANTS IN O.A.:
1 SUNNY JOSEPH
AGED 56 YEARS
S/O.K.P.JOSEPH UGC LIBRARIAN(RTD)
RESIDING AT KUDAKKACHIRA 'OXYGEN GARDENS' BLOCK-C,
PURANATTUKARA.P.O THRISSUR, KERALA .
PIN: 680 551.
2 HUMAYOON KABEER.P
AGED 57 YEARS S/O. ABDULLA PALLIYALI
UGC LIBRARIAN(RTD) RESIDING AT 'PALLIYALI'
MAPPADAM.P.O, MAMPAD, MALAPPURAM
KERALA, PIN - 676542
BY ADVS.
BENNY GERVACIS
ABI BENNY AREECKAL(K/001482/2019)
BEA MARY BENNY(K/000129/2021)
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 12/12/2024, THE COURT ON 13/01/2025 DELIVERED THE
FOLLOWING:
OP(KAT)No.442/2022
2
2025:KER:1629
JUDGMENT
P.Krishna Kumar, J.
The respondents who were working as Librarian
Grade I in the Common Pool Librarians under the
Higher Education Department passed the National
Eligibility Test (NET) conducted by the University
Grants Commission (UGC) on 18.09.2012 and
25.03.2013, respectively and thereby became eligible
for promotion to the UGC Scheme. As per Annexure A3
order, the respondents were posted as UGC Librarians
in the UGC Scheme by stipulating that till their pay
is fixed in the UGC Scheme, they will be eligible
only for their existing pay in the State scale.
2. The respondents submitted a representation to
the Government claiming that as per Annexure A8
Government order, the scale of pay granted to the
College Librarians is also accepted for UGC
Librarians under the Common Pool, and the UGC
Librarians will be given further placement after
eight or sixteen years, taking into account their
2025:KER:1629
service starting with Librarian Grade I under the
Common Pool and thus the respondents are also
entitled to three placements (Librarian Senior
Scale, Librarian Selection Grade and Librarian
Special Scale) under UGC scale as they have
completed more than eighteen years service. The
respondents also contended that as per Annexure A10
Government order, a person promoted to the UGC scale
would get the protection of pay if the UGC pay is
lower than the existing pay.
3. On 2.7.2018, the Government issued Annexure
A15 order stating that even though the respondents
were working as Librarians Grade I from the year
2000, they acquired UGC qualification only after
12/13 years, and thus they could claim UGC scale
only after they qualified NET. It is further stated,
as per Annexure A8 Government order dated 19.1.2006,
only UGC qualified Grade I Librarians can be selected
to the post of UGC Librarian. It is also observed in
Annexure A15 that though the Government had taken a
lenient view in the case of certain Librarians, it
was done in the early days by considering the
2025:KER:1629
preliminary stage of the UGC Scheme in the stream of
Librarians. It was also observed that the Accountant
General fixed the pay of the applicants as directed
by the Government.
4. The respondents approached the Kerala
Administrative Tribunal to set aside Annexure A15
order and for pay fixation reckoning their prior
service from 2000 onwards as Librarian Grade I.
Their contentions were mainly based on Annexure A8
Government Order and the two precedents as evidenced
by Annexures A11 and A18 wherein the Government had
given similar benefits to two Librarians.
5. The Tribunal accepted the claim of the
respondents and directed the Government to place
them in the Senior Scale and Selection Scale,
reckoning their service as Common Pool Librarian
Grade I, as has been granted in Annexure A11 and A18
orders, and further directed to release the arrears
of pay within two months.
6. In this original petition, the Government
challenges the decision of the Kerala Administrative
Tribunal mainly on the following grounds:
2025:KER:1629
(i) Annexure A8 Government Order specifically
provides that UGC Librarians will be given
further placement after eight or sixteen years
subject to the conditions stipulated for such
placement in the UGC Scheme as mentioned in
paragraph 6 of G.O.(Ms)No.87/91/HEdn. dated
9.4.1991, but the Tribunal omitted to note
this.
(ii) NET qualification is a basic
qualification for placing the incumbents in
UGC Librarian status as per clause 4.5.3 of
the UGC Regulations, 2010 and thus when the
respondents got qualified only on 18.09.2012
and 25.03.2013 respectively, they could not be
given senior scale placements in UGC Librarian
post from an earlier date.
(iii) As per Annexure A8, only the Librarians
Grade I who are qualified as per UGC Scheme
can be selected to the post of UGC Librarians,
but the respondents acquired UGC qualification
only after 12/13 years and hence the benefits
cannot be given from a previous period.
2025:KER:1629
(iv) The relaxation in qualification granted
by the Government to certain Librarians as per
Annexure A11 and A18 cannot be extended to the
respondents as the said relaxation was granted
in early days of implementation of UGC scheme
on considering the preliminary stage of the
scheme and as a special case for uplifting the
quality of the Librarians attached to the
academic institutions.
7. Heard the learned Senior Government Pleader
and the learned counsel appearing for the
respondents.
8. The learned Senior Government Pleader
assailed the findings of the Tribunal by referring
to the decision in HAV (OFC) RWMWI Borgoyary and
Others v. Union of India and Others (2019 KHC 7217),
wherein it was observed that if the authorities had
given some benefits to ineligible persons by mistake
and contrary to law, a claim cannot be made by other
ineligible persons. The learned Government Pleader
further placed reliance on the decisions in
Radhakrishnan Pillai D. (Dr.) v. Travancore Devaswom
2025:KER:1629
Board and Others (2016 (2) KHC 119) and Tinku v.
State of Haryana (2024 KHC OnLine 6629) to buttress
the contentions of the state.
9. The reason for accepting the claim of the
respondents is evident from paragraphs 7 and 8 of
the impugned order of the Tribunal, which read as
follows:
"7. Though the respondents have filed a reply
statement, no justifiable reasons are stated as to
why this benefit is denied to the applicants. It
has been stated in the reply statement that the
applicants obtained NET qualification after 12
years of service of Librarian Grade I. But Annexure
A8 does not provide any such restrictions regarding
the grant of placement in UGC scale. Referring to
Annexure A11 order, the learned counsel for the
applicants points out that the incumbent therein,
Sri.Raveendran obtained UGC qualification after
rendering 15 years of service as Common Pool
Librarian Grade I. But in his case, senior scale
and selection scale under the UGC scale was
sanctioned without any objections. In such
circumstances, the objections raised against the
grant of proper placement to the applicants saying
that there has been delay in acquiring the NET
qualification is absolutely discriminatory and
illegal.
8. The refusal of the respondents to accept the
claim of the applicants for proper placement in the
UGC scale on the basis of Annexure A8 Government
2025:KER:1629
Order cannot be sustained and Annexure A15 order is
therefore set aside."
(emphasis added)
10. From the above, it is evident that the
Tribunal arrived at the said finding for two
reasons, viz., Annexure A8 does not provide any
restrictions regarding grant of placement in UGC
scale even if NET qualification is obtained
belatedly; and one Sri.Raveendran, who obtained UGC
qualification after rendering 15 years of service,
was given senior scale and selection scale. However,
it is specifically provided in Annexure A8 that
further placement after eight or sixteen years will
be given only to UGC Librarians and that will be
subject to the conditions stipulated for such
placement in the UGC scheme. Thus the first
observation of the Tribunal is apparently incorrect.
As per Annexure A8, the respondents cannot claim the
said benefit for a period during which they did not
acquire the essential qualification.
11. Further, in Annexure A15, the Government has
specifically explained that relaxation given in the
2025:KER:1629
matter of qualification to the Librarians at the
early stage of implementation of the UGC scheme
cannot be extended to the respondents. Merely for
the reason that the Government had given exemption
to one or two Librarians in yesteryears, the
Tribunal is not justified in directing the
Government to extend the said benefits to the
respondents for a period during which they did not
possess the required qualification. The
consideration of the Government while granting
exemption to those persons may be different from the
circumstances of the respondents. The Tribunal did
not also notice the reason given by the Government
for not extending similar benefits to the
respondents. In the said circumstance, the impugned
order is liable to be set aside.
12. However, the respondents contended that as
per Annexure A10, Librarians Grade I who are placed
in the UGC Scheme would be given pay protection if
they get a lesser pay compared to the non-UGC
candidates, but many of their juniors were given
promotions in the normal cadre and they were getting
2025:KER:1629
higher pay. If such a situation prevails even now,
the Government is bound to address that issue at the
earliest.
The Original Petition is allowed and the
impugned order is set aside.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P.KRISHNA KUMAR
JUDGE
sv
2025:KER:1629
APPENDIX OF OP(KAT) 442/2022
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER PASSED BY THE
HONOURABLE TRIBUNAL IN O.A (EKM)
NO.278/2014 DATED 07.07.2014.
Annexure A2 TRUE COPY OF THE ORDER
NO.22607/A3/2014/H.EDN DATED 26.09.2014
ISSUED BY OFFICE OF THE PETITIONER.
Annexure A3 TRUE COPY OF THE ORDER G.O(RT)
NO.2812/14/H.EDN DATED 26.11.2014 ISSUED
BY THE OFFICE OF THE PETITIONER.
Annexure A4 TRUE COPY OF THE REPRESENTATION MADE BY
THE FIRST RESPONDENT TO THE ADDITIONAL
CHIEF SECRETARY, HIGHER EDUCATION
DEPARTMENT, THIRUVANANTHAPURAM DATED
24.12.2014.
Annexure A5 TRUE COPY OF THE REPRESENTATION MADE BY
THE 2 ND RESPONDENT TO THE ADDITIONAL
CHIEF SECRETARY, HIGHER EDUCATION
DEPARTMENT DATED 30.12.2014.
Annexure A6 TRUE COPY OF THE LETTER
NO.1553/A3/15/H.EDN DATED 27.04.2015
THIRUVANANTHAPURAM.
Annexure A7 TRUE COPY OF THE ORDER PASSED WITH
NO.A3/24/16/H.EDN DATED 20.07.2016 ISSUED
BY THE PETITIONER TO THE SECOND
RESPONDENT.
Annexure A8 TRUE COPY OF THE G.O(MS) NO.14/2006/H.EDN
DATED 19.01.2006 THIRUVANANTHAPURAM.
Annexure A9 TRUE COPY OF THE ORDER PASSED BY THE
PETITIONER IN G.O(P) NO.58/2010/H.EDN
DATED27.03.2010 THIRUVANANTHAPURAM.
2025:KER:1629
Annexure A10 TRUE COPY OF THE ORDER G.O(MS)
NO.130/2000/H.EDN DATED 11.08.2000 ISSUED
BY THE PETITIONER.
Annexure A11 TRUE COPY OF THE G.O(RT)
NO.392/2012/H.EDN DATED 27.02.2012.
Annexure A12 TRUE COPY OF THE ORDER G.O(MS)
NO.85/2014/H.EDN DATED 21.02.2014 AND ITS
TYPED COPY
Annexure A13 TRUE COPY OF THE ORDER G.O(MS)
NO.684/2015/H.EDN DATED 15.12.2015.
Annexure A14 TRUE COPY OF THE ORDER PASSED BY THE
TRIBUNAL IN O.A NO.2250/2017 DATED
03.04.2018.
Annexure A15 TRUE COPY OF THE G.O(RT)
NO.1309/2018/H.EDN DATED 02.07.2018.
Annexure A16 TRUE COPY OF THE ORDER PASSED BY THE
HONOURABLE TRIBUNAL IN O.A NO.2250/2017
DATED 16.08.2018.
Annexure A17 THE TRUE COPY OF THE OPTION TO UGC SCHEME
DATED 04/10/2014 MADE BY THE 1ST
APPLICANT
Annexure A18 TRUE COPY OF THE G.O(RT)
NO.2187/2011/HEDN DATED 29.12.2011 ISSUED
BY THE PETITIONER.
Annexure A18(a) TRUE COPY OF THE G.O(RT)
NO.1005/2014/H.EDN DATED 26.05.2014
ISSUED BY THE PETITIONER.
Annexure A19 TRUE COPY OF THE FINALISED SENIORITY LIST
PERTAINING TO LIBRARIAN GRADE I COMMON
POOL LIBRARY SERVICE WITH G.O(P)
NO.396/2010/HEDN DATED 17.12.2010.
Annexure A20 TRUE COPY OF THE SALARY SLIPS PERTAINING
TO WELS.P.J, SENIOR GRADE LIBRARIAN,
GOVERNMENT MEDICAL COLLEGE, THRISSUR.
Annexure A20(a) TRUE COPY OF SALARY SLIP PERTAINING TO
UNNIKRISHNAN.G, SENIOR GRADE LIBRARIAN,
2025:KER:1629
TD MEDICAL COLLEGE, VANDANAM,
AMBALAPPUZHA.
Annexure A20(b) TRUE COPY OF SALARY SLIP PERTAINING TO
SUNNY JOSEPH, 1 ST RESPONDENT LIBRARIAN
(UGC REVISED) GOVERNMENT COLLEGE,
KASARGOD.
Annexure A20(c) TRUE COPY OF THE SALARY SLIP PERTAINING
TO HUMAYOON KABIR (RETIRED) 2 ND
RESPONDENT LIBRARIAN (UGC REVISED)
GOVERNMENT BRENNEN COLLEGE, THALASSERY.
Exhibit P1 A TRUE COPY OF THE O.A NO.1769/2018 ALONG
WITH ITS ANNEXURES A1 TO A16.
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED BY
THE PETITIONER ON 06.03.2019.
Exhibit P3 TRUE COPY OF THE REJOINDER FILED BY THE
RESPONDENTS ON 27.06.2019.
Exhibit P4 TRUE COPY OF THE ADDITIONAL REPLY
STATEMENT OF THE PETITIONER ON
20.10.2020.
Exhibit P5 TRUE COPY OF THE REJOINDER FILED BY THE
RESPONDENTS ON 16.10.2021 ALONG WITH
ANNEXURES A17 TO A20 (C).
Exhibit P6 TRUE COPY OF THE IMPUGNED ORDER PASSED BY
THE KERALA ADMINISTRATIVE TRIBUNAL DATED
25.02.2022.IN O.A.NO.1769/2018
