Kerala High Court
Dr. Reena Sebastian vs State Of Kerala on 8 October, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) NO. 23199 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 8TH DAY OF OCTOBER 2025 / 16TH ASWINA, 1947
WP(C) NO. 23199 OF 2023
PETITIONER:
DR. REENA SEBASTIAN
AGED 52 YEARS
D/O. V.D. SEBASTIAN, MANCHAPALLIL HOUSE,
KOTTUR, SREEKANDAPURAM P.O., KANNUR
(WORKING AS ASSISTANT PROFESSOR OF MATHEMATICS,
SES COLLEGE, SREEKANDAPURAM), PIN - 670 631
BY ADV SHRI.M.S.RADHAKRISHNAN NAIR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
2 THE DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695 033
3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOZHIKODE
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
MANANCHIRA, KOZHIKODE, PIN - 673 001
4 THE PRINCIPAL
SES COLLEGE, SREEKANDAPURAM,
KANNUR DISTRICT, PIN - 670 631
BY ADVS.
SRI.CYRIAC KURIAN
SHRI.EMMANUEL CYRIAC
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SRI. PREMCHAND R. NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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T.R.RAVI.J
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WP(C) No.23199 of 2023
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Dated this the 08th day of October, 2025
JUDGMENT
The prayers in the writ petition is to quash Exts.P8 and
P10 and to direct the 3 rd respondent to equalize the pay in the
UGC Scale with effect from 01.06.2015 on the basis of the
pay received by petitioner as per the 10th State Pay revision
structure which came into force with effect from 01/07/2014.
The petitioner relies on Ext.R1(a) Government Order dated
01.07.2022 wherein it is specifically stated that persons like
the petitioner who have been brought into the UGC Scale and
working in sanctioned posts, are entitled to have the pay fixed
based on the salary earned on the date of coming into the UGC
Scale. Ext.R1(a) order has been clarified by Ext.R1(b).
However the said order says that the basis should be the
salary under the 9th pay revision. According to the petitioner,
the petitioner came into the UGC Scale on 31.05.2015 and
since the 10th State Pay Revision had been introduced with
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effect from 01.07.2014, she was already drawing the salary
under the 10th State Pay Revision on 31.05.2015. It is hence
submitted that going by the Government Order, which requires
the State scale on the date on which the petitioner entered to
UGC scale, the petitioner is entitled to have the fixation based
on the Scale of pay under the 10 th Pay Revision and not the 9 th
Pay Revision. There appears to be a lack of clarity in the
clarification issued as Ext.R1(b) and it is also doubtful whether
a Government Order can be varied by a letter.
In the above circumstances, this writ petition is
disposed of directing the 1st respondent to consider the
entitlement of the petitioner afresh based on the specific
stipulation in Ext.R1(a) and pass an order after hearing the
petitioner, at the earliest, at any rate within four months from
the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI
JUDGE
sn
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APPENDIX OF WP(C) 23199/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER G.O.(MS.)
NO.165/12/H.EDN. DATED 1.6.2012 ISSUED BY THE
HIGHER EDUCATION (D) DEPARTMENT
Exhibit P2 TRUE COPY OF THE ORDER NO. G1/SES/15 DATED
18.6.2015 ISSUED BY THE MANAGER, SES COLLEGE,
SREEKANDAPURAM
Exhibit P3 TRUE COPY OF THE ORDER NO. ACAD.B2/9162/2015
DATED 17.12.2015 ISSUED BY THE JOINT REGISTRAR,
KANNUR UNIVERSITY
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF ORDER G.O.(P)
NO. 7/2016/FIN. DATED 20.1.2016 ISSUED BY
FINANCE (PRC-D) DEPARTMENT
Exhibit P5 TRUE COPY OF THE LETTER NO. D1/2/2017/H.EDN.
DATED 31.8.2019 ISSUED BY THE 1ST RESPONDENT TO
THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE LETTER NO.D1/48/2022/H.EDN.
DATED18.3.2022 ISSUED BY THE 1ST RESPONDENT TO
THE 2ND RESPONDENT
Exhibit P7 TRUE COPY OF THE PROPOSAL SUBMITTED BY THE
PETITIONER DATED 16.5.2022 TO THE 3RD RESPONDENT
Exhibit P8 TRUE COPY OF THE LETTER NO. E3/9572/2021/DCE
DDKKD DATED 23.7.2022 ISSUED BY THE THIRD
RESPONDENT TO THE PRINCIPAL SES COLLEGE,
SREEKANDAPURAM
Exhibit P9 TRUE COPY OF JUDGMENT DATED 15.9.2022 IN W.P.(C)
NO. 28061/2022 OF THIS HONOURABLE COURT
Exhibit P10 TRUE COPY OF ORDER NO. E3/9572/2021/DCE DD KKD
KOZHIKODE DATED 29.5.2023 ISSUED BY THE 3RD
RESPONDENT
Exhibit P11 TRUE COPY OF JUDGMENT DATED 5.6.2023 IN CON.
CASE (C) NO. 785/2023 OF THIS HONOURABLE COURT
Exhibit P12 TRUE COPY OF G.O.(MS) NO. 363/2021/HEDN. DATED
9.9.2021
Exhibit P13 TRUE COPY OF THE LETTER NO.
69264/PRC/C2/2016/FIN DATED 30.4.2016 ISSUED
FINANCE DEPARTMENT.
Exhibit P14 TRUE COPY OF THE ORDER NO.
E3/9572/2021/DCEDDKKDKOZHIKODE DATED 14-12-2023
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RESPONDENTS' EXHIBITS
EXHIBIT R3(A) TRUE COPY OF THE GO(MS) NO. 363/2021/H.EDN.
DATED 09.09.2021
EXHIBIT R3 (B) TRUE COPY OF THE LETTER NO. 69264/PRCC2/2016/FIN
DATED 30.04.2016
EXHIBIT R3 (C) TRUE COPY OF THE INSTRUCTION DATED 25.07.2023
EXHIBIT R3 (D) TRUE COPY OF THE LETTER NO.
UGCCELL4/42923/2022/DCE DATED 07.07.2023
EXHIBIT R3 (E) TRUE COPY OF THE LETTER NO. D2/385/2022/H.EDN
DATED 22.06.2023
EXHIBIT R3(F) TRUE COPY OF THE ORDER NO. E3/9572/2021/DCEDDKKD
KOZHIKODE DATED 29.5.2023
EXHIBIT R3(G) TRUE COPY OF THE LETTER NO.D2/263/2023/H.EDN.
DATED 30.10.2023
EXHIBIT R3 (H) TRUE COPY OF THE LETTER NO. D2/263/2023/H.EDN
DATED 15.11..2023
EXHIBIT R3 (I) TRUE COPY OF THE LETTER NO. D2/263/2023/H.EDN.
DATED 30.11.2023
EXHIBIT R3 (J) TRUE COPY OF THE LETTER NO. D2/263/2023/H.EDN
DATED 06.12.2023
EXHIBIT R3 (K) TRUE COPY OF THE LETTER NO. 69264/PRCC2/2016/FIN
DATED 14.12.2023
EXHIBIT R1 (A) TRUE COPY OF THE G.O.(RT) NO.1001/2022/H.EDN
DATED 01/07/2022
EXHIBIT R1 (B) TRUE COPY OF THE LETTER NO.D2/263/2023/H.EDN
DATED 06/12/2023
