University of Kerala
Preliminary Minutes of the 2 nd Meeting of the Syndicate held on 22.01.2019
Item No. 02.101.06: Placement of Assistant Librarians under Career Advancement Scheme of UGC regulations – reg.
University of Kerala has not made appointments of Assistant Librarians by direct recruitment so far. All the Assistant Librarians in the University entered the University service as Library Assistants. They are promoted as Technical Assistant, Reference Assistant and subsequently to Assistant Librarians Garde II. In the University, for the Library Staff, UGC scale of pay and state scale of pay exists. The Assistant Librarians who have the prescribed qualification of UGC have been placed in the UGC scale of pay. As per the 1st statute 1978 of Kerala University, the promotion pattern of Assistant Librarians is as Assistant Librarian (Grade II), Assistant Librarian (Grade I) then to Deputy Librarian. While as per the UGC regulation, Assistant Librarians/College Librarians in the entry level grade possessing PhD in Library Science after completing four years service in the lowest grade or not possessing PhD but only MPhil in Library Science after completing five years of service or with out relevant MPhil or PhD after completing six years in the lowest grade, if otherwise eligible as per API Scoring system and PBAS methodology laid down by the UGC in the Regulations, who have participated in one Orientation and one Refresher Course of 3/4 week duration after being undergone a Screening Cum Verification process shall be eligible for placement to next higher grade (Stage 2). As per clause 6.3.5 of UGC regulation 2010, the Screening cum Evaluation Committee for CAS promotion of Assistant Librarian from one AGP to the other higher AGP shall consist of: a) The Vice Chancellor as the Chairperson of the Selection Committee; b) The Dean of the concerned faculty; c) The Head of the Department /Chairperson of the School; and d) One Subject expert in the concerned subject nominated by the Vice Chancellor from the University panel of expert. On completion of service of five years, Assistant Librarian (Sr. Grade)/College Librarian (Sr. Scale) shall be eligible for the post of Assistant Librarian (Selection Grade)/Deputy Librarian subject to fulfilling other conditions of eligibility (such as Minimum API scores, additionally two refresher courses for a minimum period of 3 to 4 week duration) after being undergone a Screening Cum Verification process. After completing three years in the above grade, the Assistant Librarians shall move to the post of Deputy Librarian subject to fulfilling other conditions such as minimum API scores, three publications, additionally one course/training under the category of library automation /analytical tool development for academic documentation and undergone Selection Committee process (interview). Earlier the Assistant Librarians have requested for placement under CAS.As per the minutes of the meeting of the core committee of the Deans council held on 06.05.2016, it is recommended to address UGC for requesting clarification regarding the placement of Assistant Librarians who are UGC qualified but not directly recruited. Vide letter no. 28-2/2018(PS/MHRD) dated 23rd July 2018, UGC has forwarded a reply stating that the post of Assistant Librarians is to be filled up through direct recruitment. There is no provision in the aforementioned UGC regulations 2010 to fill the said post through promotional avenues. More over as per clause 6.3.8 of the UGC regulation it is stated that, CAS promotions being a personal promotion to the incumbent teacher holding a substantive sanctioned post, on superannuation of the individual incumbent, the said post shall revert back to its original cadre. In the meantime, Dr. Ajikumari T. has submitted request for placement as Deputy Librarian. Assistant Librarians in the State Scheme have filed cases against granting of placement to Dr. Ajikumari T. Dr. Ajikumari T. has also filed cases against granting of placement to Assistant Librarians in the State Scheme. All the cases are under the consideration of the court.
In that context, a personal hearing was conducted on 04.07.2018 at Vice Chancellors chamber. In the proceedings of personal hearing it was ordered that Dr. Ajikumari T. be promoted as Deputy Librarian subject to fulfilling all required qualification prescribed by UGC for promotion under CAS and orders be issued forthwith. Hence this section has sought required on the matter that though Dr. Ajikumari T. is been given UGC scale of pay but not entry level Assistant Librarian whether eligible for placement to next stage under UGC CAS. If eligible, is it possible to move to the grade of Deputy Librarian without moving to Assistant Librarian (Senior Scale) and Assistant Librarian (Selection grade). Then file was forwarded to the Joint Director, Kerala State Audit for obtaining clarifications on the above facts. But they returned the file on the same date stating that for providing clarification, thorough verification of service book, GER Appointment file Educational qualification and court order etc. which are kept in Ad. AV sn are required. Since the section and Joint Director were on a predetermined official duty clarifications could not be provided immediately. In this circumstances, Vice Chancellor has ordered to forwarding file to IQAC for verification. IQAC has recommended to initiate the selection process. Dr. Ajikumari T. has requested to place her as Assistant Librarian (Sr. Gr.) in the year of 2012 if so, she would have been placed in the post of Assistant Librarian (Selection Grade) in the year of 2017 and subsequently to the post of Deputy Librarian (stage 4) in 2020 subject to fulfilling the conditions laid down in UGC Regulations. For verifying API scores, templates are required. But templates for the promotion of Assistant Librarians were not prepared at that time. Then the Vice Chancellor has ordered the dealing section to prepare templates. The Ac. D section (dealing section) has prepared the template dated 07.11.2018.
In the meantime, the Legal Monitoring committee held on 14 nov 2018 has considered the matter of placement of Assistant Librarians and recommended to place the matter before the Standing Committee of the Syndicate on Staff Equipments and Bulidings. The Appointment and related establishment matters of Library staffs are dealt with Ad.AV section. But the matter of placement of teachers and Librarians under Career Advancement scheme of UGC are dealt with Ad DII section. Now the Assistant Librarians Dr.Ajikuamri.T., Dr.Hemachandran Nair, Dr. P. K. Sureshkumar, and Dr. Asha B. have submitted their request for placement to senior scale. The Committee considered the matter and recommended to refer the item to the Syndicate.
Resolution of the Syndicate
RESOLVED to authorize a Sub-Committee chaired by the Vice-Chancellor, and comprising of the Pro-Vice-Chancellor, Registrar and the Convenor, Standing Committee of the Syndicate on Staff, Equipment and Buildings, to have a consultation on the matter with all concerned for arriving at a resolution.
Additional Item No. 01:
Promotion from the cadre of Assistant Librarian Grade I to Deputy Librarian - reg. (Ad. A V)
The Legal Monitoring Committee at its meeting held on 14.11.2018 considered the matter of promotion from the post of Assistant Librarian Gr I to Deputy Librarian and recommended to place it before the Standing Committee of the Syndicate on Staff Equipments & Buildings. The Syndicate at its meeting held on 16.11.2018 approved the same. In the light of the above, the following facts in relation to the promotion in the Library is submitted for perusal. As per the Kerala University First Ordinances-1978, the posts in the Library system are as follows,
- University Librarian
- Deputy Librarian
- Assistant Librarian(Gr I)
- Assistant Librarian(Gr II)
- Reference Assistant
- Technical Assistant
- Library Assistant
All the Library staff including those drawing UGC scale of pay on promotion to the post of Assistant Librarian Gr II have entered University service as Library Assistants. In the University Library system, there exists two streams of library staff. This came in to existence on the basis of a proceedings of University dtd 05.03.2007 on the basis of judgement in wp(c).no.8669/07 filed by Sri. V. Sasikumar. As per the proceedings, it was held that 1. Qualified library staff who may be granted UGC scale of pay in future be redesignated as Assistant Librarian only as per UGC letter instead of Assistant Librarian Grade II and they will be given placement benefits as envisaged by the UGC in the CAS for Assistant Librarian. They cannot avail both UGC scale and the promotion avenue of the state scale at the same time since they have freely exercised their options for UGC scale. 2. Promotion to the post of Assistant Librarian Gr I, will be based on cadre seniority in the post of Assistant Librarian Grade II. It may be noted that as per UGC Regulation clause 4.5.0, only direct recruitment is possible and the posts are as follows: University Librarian, Deputy Librarian and Assistant Librarian .On the basis of Syndicate resolution dtd 25.03.2009,U.O.No.Ad.AV.2/170/09 dtd 03.07.2009 was issued by which sanction was accorded to the qualified Librarian of the University who held NET/ph.D, be granted UGC scale of pay with effect from the date of their promotion to the respective posts. The library staff holding UGC qualification on promotion to the post of Assistant Librarian Gr II opted for the UGC scale of pay and they were granted the same (Now,6 library staff are drawing UGC scale of pay).They were designated as Assistant Librarian. The library staff drawing state scale of pay were promoted to Assistant Librarian Gr I from the post of Assistant Librarian Gr II.
When two posts of Deputy Librarian fell vacant, Dr. Ajikumari T., Assistant Librarian drawing UGC scale of pay put forth claim and she filed WP(c) no.17363/18 before the Hon'ble High Court. She has contended that on the basis of judgment in Radhakrishnan pillai Vs Travancore Devaswom Board (2016 (2) KLT 245) that in view of adoption of UGC Regulations 2010 by State Government, the Universities are bound to comply with the Regulations w.e.f. 18.09.2010 irrespective of whether University Acts or Statutes are amended in tune with the UGC Regulations. Hence she has submitted that only UGC qualified Assistant Librarian can be given promotion / placement / charge of the Deputy Librarian. The Hon'ble High Court vide judgement dtd 01.06.2018 directed that the “the 2nd respondent Vice Chancellor of the 1st respondent Universiy shall consider and pass appropriate orders on the representation dated 26.05.2018 submitted by the petitioner and also to respondents 3 and 4,and after affording them an opportunity of being heard. The Vice Chancellor as per proceedings on the basis of hearing conducted in 04.07.2018 directed that Dr. Ajikumari T. be promoted as Deputy Librarian subject to her fulfilment of all requirements prescribed by the U.G.C. for promotion under CAS. Hence, in order to grant her placement as Deputy Librarian under CAS, post is not needed. Now, two vacancies of Deputy Librarian and one vacancy of Assistant Librarian Gr I and the consequent vacancies are available in the Kerala University Library. Sri. Harikumar S. and Sri. Abdul Majeed E., Assistant Librarian Gr I filed WP(C) no.8669/07 seeking relief in order to cancel the proceedings and claiming promotion as per the Kerala University First Ordinances,1978.The case is pending before the Hon'ble High Court. The points in favour of promotion of Library staff from the cadre of Assistant Librarian Gr II & Assistant Librarian Gr I are as follows. 1. As per the Kerala University Ordinance, the posts are Assistant Librarian Gr II, Assitant Librarian Gr I & Deputy Librarian. Amendments as per UGC Regulation are not so far effected. 2.As per the proceedings of the Registrar dated 05.03.2007 on the basis of the judgment in WP(C).No.8669/07,it was categorically held that in the case of Library staff drawing state scale of pay, promotion to the post of Assistant Librarian Gr I will be on cadre seniority in the post of Assistant Librarian Gr II. 3. Since, two streams of Library staff exists, cadre seniority in the state scale has to be treated separately. 4. The Govt. as per pay revision orders, ie. G.O.(P).No.10/2016/Fin dated 21.01.2016 ordered that “ The Library staff in service on 01.07.2009 will be allowed promotion to the posts of Assistant Librarian & Deputy Librarian as was being done before implementation of 9th pay revision till amendments of existing statute”. 5. The University has not so far made direct appointments as per UGC Regulation. 6. Among three Deputy Librarian posts, only one post is filled by promotion, two posts are vacant and this will affect the smooth functioning of the Library. The points against granting promotion are as follows, 1. As per judgement in Radhakrishna Pillai Vs Travancore Devaswom Board (2016 (2) KLT 245) that in view of adoption of UGC Regulations 2010 by State Government, the Universities are bound to comply with the Regulations w.e.f 18.09.2010 irrespective of whether University Acts or Statutes are amended in tune with the UGC Regulations. 2. As per clause 4.5.0, the UGC envisages direct recruitment to the post of Assistant Librarian, Deputy Librarian & University Librarian. However, the University has not so far made direct appointments as per UGC Regulation. In the light of the above the matter of promotion of Library Staff from the cadre of Assistant Librarian Grade I to Deputy Librarian is placed before the Standing Committee of the Syndicate on Staff, Equipment and Building for consideration. The Committee considered the matter and recommended to refer the item to the Syndicate.
Resolution of the Syndicate
RESOLVED to authorize a Sub-Committee chaired by the Vice-Chancellor, and comprising of the Pro-Vice-Chancellor, Registrar and the Convenor, Standing Committee of the Syndicate on Staff, Equipment and Buildings, to have a consultation on the matter with all concerned for arriving at a resolution.
UNIVERSITY OF KERALA Preliminary Minutes of the 7th Meeting of the Syndicate held on 28.12.2019
Item No.06.84 Agenda be corrected as ‘The Kerala University First Ordinances 1978 describes the various posts of Kerala University Library as follows:
All appointments of the existing Library staff in these cadres are made till date on the basis of this ordinance. The UGC scheme and scale of pay was introduced to the qualified librarians vide U.O No.Fin.3312/90 dated 7/12/1990. Thus the librarians possessing the qualifications prescribed as per the directions received from the UGC were brought under UGC Scheme and other staff in the Kerala University Library who did not possess the qualifications prescribed by UGC scheme were given the benefits of 5th pay revision. Further it was directed to make necessary amendments in the statutes and ordinances in this regard. Thus 3 Deputy Librarians, 9 Assistant Librarian Grade I and 29 Assistant Librarian Grade II were granted UGC Scheme. GO(MS) No.78/’92HEDN dated 05.05.1992 was implemented vide U.O No. Ad.DII.3.3858/’92 dated 03.11.1992 and 2 years of library service as Technical Assistant/ Reference Assistant was considered for placement of Assistant Librarian in Senior Scale and Selection Grade Scale for librarians who were in service on or before 31.03.1990 and has done one refresher course/ orientation course. However, in the case of those who joined after 01.04.1990 completion of 8 years of service was necessary. As per State Government orders on the recommendations of pay revisions on 1997 and 2004 the post of Assistant Librarian Grade I and Assistant Librarian Grade II exists suggesting the revised pay scale for these two posts as “other than those drawing UGC scale”. Sri.V Sasikumar and Smt. Pillai Sushama were granted UGC scale of pay (Rs.8000-13500) wef 01.04.2003 and 25.07.2003 respectively vide U.O.No.AdAV.2.8329.05 dated 23.07.2005 based on judgment of WPC 7104/05 dated 02.03.05. The UGC vide letter no F3-1/94(PS)-7 dated 1910/2006 revised the scheme for CAS for Librarians and vide UO No. Fin.III.1.1050.2010 dated 01.06.2010 UGC scheme pay revision was again implemented at the University. However, as per State Government orders on the recommendations of pay revisions on 2006 onwards the post of Assistant Librarian Grade I and Assistant Librarian Grade II cease to exist granting the revised pay scale as UGC. Thus the following 6 employees who were promoted to the post of Assistant Librarian Grade II were granted UGC scale as done in the case of others who opted for UGC scale as and when qualified:
Table
Later vide UO no.AdAV.2/170(2)09 dated 22.02.2012, 3 non compounded advance increments were granted to qualified library personnel acquiring Ph.D while in service complying with the process prescribed by UGC in respect of enrolment, course work and evaluation. UGC Regulation 2010 was implemented in the University of Kerala vide notification no.Academic L/2634 A /R/ 2013 dated 22.04.2014 and the above 6 incumbents requested to grant them promotion as per the regulation to the next eligible stage of Assistant Librarian Senior Grade. While considering the case of Placement to Senior Scale through CAS for University Assistant Librarians, the Academic Council held on 15.04.2016 resolved that the core committee be entrusted to study the matter in detail and to prepare and submit specific proposals to Vice Chancellor. Further resolved to seek the advice from the UGC simultaneously. The core Committee held on 06.05.2016 resolved to recommend that the matter may be referred to the Registrar with a request to seek clarification from UGC. Further suggested that if any academic issues comes up at a later stage, suitable suggestions shall be made by Deans Council. In reply to the letter no Ad.DII.5/2018 dated 24.01.2018, the Under Secretary UGC informed that as per UGC Regulation 2010, there is no provision in the Regulation to fill the post of Assistant Librarian through promotional avenues and forwarded copy of CAS for Assistant Librarian in which it states that to be eligible for Senior Scale, University Assistant Librarian after regular appointment has to complete 6 years of service along with other qualifications. Later vide letter no. Hedn-C3/183/2017-HEdn dated 17/01/2019 the Govt. Principal Secretary has directed that if the University Statutes have not been amended before 23.02.2016 the placements in accordance with UGC fifth scheme shall not be re-examined as per judgement dated 17/07/2018 on special leave petition 18938-18942/2017. Further, the Principal Secretary to Higher Education vide DO letter no C3/2282017/HEdn dated 17/01/2019 directed to implement UGC regulation for the promotion of librarians who were placed in UGC scale and possess the required qualification as specified in the regulation. The Syndicate held on 22.01.2019, vide item no:02.101.16 resolved to authorize a subcommittee chaired by the Vice-Chancellor comprising of the Pro-Vice-Chancellor, Registrar and the Convener, Standing Committee of the Syndicate on Staff, Equipment and Buidings to have a consultation on the matter with all concerned for arriving at a resolution. Based on this, the University vide DO letter no Ad.DII.02.2546/2019 dated 13.02.2019 informed the Principal Secretary that as per clarification from UGC the post of Assistant Librarian is to be filled up through direct recruitment and there is no provision in the regulation to fill the said post through promotional avenues. The Principal Secretary to the Government, vide letter no. HEDn-c3-228/2018-Hedn dated 06/06/2019 opined that “there is no promotional avenue for cadre of Assistant Librarian from any other non teaching cadre. Hence the post of Assistant Librarian should be filled though open recruitment only under UGC Regulation 2010 and any violation of the same will be viewed seriously by the Government”. Hence, the provision for exercising option to UGC scale of pay to the Library staff was stopped vide UO ADAV.1/6904/19 dated 07.09.2019 and the appointment of Library Staff in UGC scale of pay being allowed through direct appointment as Assistant Librarian. Meanwhile the Vice-Chancellor, has ordered to seek the opinion of the Standing Counsel regarding granting placement under CAS for the above 6 incumbents. Thus the opinion of the learned Standing Counsel was requested on the following: 1. whether the above 6 incumbents in the post of Assistant Librarian may be granted grade promotions/ placements as per UGC Regulation 2010 or any other regulation applicable at the time of their eligibility. 2. whether the court cases presently involving these incumbents and those drawing state scale would be an impediment in taking a decision regarding their placements. 3. Whether a feasible solution need to be taken in the case of those incumbents who are qualified as per UGC regulation but drawing state scale, who may in future claim for UGC scale in light of promotions if granted to these 6 incumbents; eventhough the University had stopped exercising option to UGC scale of pay on promotion to the respective post vide Uo. no. Ad AV.1/6904/19 dated 07.09.2019. The Standing Counsel vide letter dated 21.11.2019, furnished the following: “ In the light of the university order No. Ad AV.1/6904/19 dated 07.09.2019, the 6 persons, including the superannuated employee have become a vanishing group and it is a fact that they were made to suffer the adverse consequences emanating from the option made by them which in fact was based on the policy decision taken by the University. Though the said policy decision was taken by the University not to intentionally cause any loss or hardship, ultimately the employees concerned are left on the bay regarding even the minimal benefits they could have obtained without going for such option, which their counterparts are presently enjoying. It is in the light of the aforesaid unenviable position that the aspects regarding which clarification is now sought are to be dealt with.
Regarding the first point whether the 6 incumbents in the post of Assistant Librarian may be granted grade promotions/placements as per UGC Regulations 2010 or any other regulation applicable from time to time on the basis of their eligibility determined as per the relevant rule, my definite view is that in the backdrop of the losses they have suffered, though we may not be able to make good the pecuniary loss sustained, which legally is not possible at this point of time, grade promotions/placements can be granted as per the UGC Regulation in force from time to time.
Regarding the court cases, the proposal made as above can be presented before the Court for approval and while taking the decision itself it can be specifically stipulated that the same will be subject to the approval of the Hon’ble High Court of Kerala in the connected cases. Regarding the third point, the possibility of other qualified hands claiming similar advantage, they may have to challenge the university order No. Ad AV.1/6904/19 dated 07.09.2019 because reinstating the option is an essential prelude for any claim for such benefits. It may not be appropriate to predict the possibility of any such challenge as any person feeling aggrieved has every right to approach the Court of Law in future, but after a long lapse of time, any employee who presently concedes to the order may have some legal disability in challenging the same as such a move is likely to be considered as a person’s afterthought and an action taken after a slumber. In view of the above, the suggestions made above to resolve the present issue can be seriously considered.” The Vice-Chancellor has ordered to place the same before the Syndicate. Hence, the matter regarding granting placement for librarians who opted UGC Scale as per UGC Regulations is placed before the Syndicate for consideration and appropriate decision.
The Kerala University First Ordinances 1978 describes the various posts of Kerala University
Library as follows:
All appointments of the existing Library staff in these cadres are made till date on the basis of this ordinance. The UGC scheme and scale of pay was introduced to the qualified librarians vide U.O No.Fin.3312/90 dated 7/12/1990. Thus the librarians possessing the qualifications prescribed as per the directions received from the UGC were brought under UGC Scheme and other staff in the Kerala University Library who did not possess the qualifications prescribed by UGC scheme were given the benefits of 5th pay revision. Further it was directed to make necessary amendments in the statutes and ordinances in this regard. Thus 3 Deputy Librarians, 9 Assistant Librarian Grade I and 29 Assistant Librarian Grade II were granted UGC Scheme. GO(MS) No.78/’92HEDN dated 05.05.1992 was implemented vide U.O No. Ad.DII.3.3858/’92 dated 03.11.1992 and 2 years of library service as Technical Assistant/ Reference Assistant was considered for placement of Assistant Librarian in Senior Scale and Selection Grade Scale for librarians who were in service on or before 31.03.1990 and has done one refresher course/ orientation course. However, in the case of those who joined after 01.04.1990 completion of 8 years of service was necessary. As per State Government orders on the recommendations of pay revisions on 1997 and 2004 the post of Library Assistant Grade I and Library Assistant Grade II exists suggesting the revised pay scale for these two posts as “other than those drawing UGC scale”. Sri.V Sasikumar and Smt. Pillai Sushama were granted UGC scale of pay (Rs.8000-13500) wef 01.04.2003 and 25.07.2003 respectively vide U.O.No.AdAV.2.8329.05 dated 23.07.2005 based on judgment of WPC 7104/05 dated 02.03.05. The UGC vide letter no F3-1/94(PS)-7 dated 1910/2006 revised the scheme for CAS for Librarians and vide UO No. Fin.III.1.1050.2010 dated 01.06.2010 UGC scheme pay revision was again implemented at the University. However, as per State Government orders on the recommendations of pay revisions on 2006 onwards the post of Library Assistant Grade I and Library Assistant Grade II cease to exist granting the revised pay scale as UGC. Thus the following 6 employees who were promoted to the post of Assistant Librarian Grade II were granted UGC scale as done in the case of others who opted for UGC scale as and when qualified:
Table
Later vide UO no.AdAV.2/170(2)09 dated 22.02.2012, 3 non compounded advance increments were granted to qualified library personnel acquiring Ph.D while in service complying with the process prescribed by UGC in respect of enrolment, course work and evaluation. UGC Regulation 2010 was implemented in the University of Kerala vide notification no.Academic L/2634 A /R/ 2013 dated 22.04.2014 and the above 6 incumbents requested to grant them promotion as per the regulation to the next eligible stage of Assistant Librarian Senior Grade.
While considering the case of Placement to Senior Scale through CAS for University Assistant Librarians, the Academic Council held on 15.04.2016 resolved that the core committee be entrusted to study the matter in detail and to prepare and submit specific proposals to Vice Chancellor. Further resolved to seek the advice from the UGC simultaneously. The core Committee held on 06.05.2016 resolved to recommend that the matter may be referred to the Registrar with a request to seek clarification from UGC. Further suggested that if any academic issues comes up at a later stage, suitable suggestions shall be made by Deans Council. In reply to the letter no Ad.DII.5/2018 dated 24.01.2018, the Under Secretary UGC informed that as per UGC Regulation 2010, there is no provision in the Regulation to fill the post of Assistant Librarian through promotional avenues and forwarded copy of CAS for Assistant Librarian in which it states that to be eligible for Senior Scale, University Assistant Librarian after regular appointment has to complete 6 years of service along with other qualifications. Later vide letter no. Hedn-C3/183/2017-HEdn dated 17/01/2019 the Govt. Principal Secretary has directed that if the University Statutes have not been amended before 23.02.2016 the placements in accordance with UGC fifth scheme shall not be re-examined as per judgement dated 17/07/2018 on special leave petition 18938-18942/2017. Further, the Principal Secretary to Higher Education vide DO letter no C3/2282017/HEdn dated 17/01/2019 directed to implement UGC regulation for the promotion of librarians who were placed in UGC scale and possess the required qualification as specified in the regulation. The Syndicate held on 22.01.2019, vide item no:02.101.16 resolved to authorize a subcommittee chaired by the Vice-Chancellor comprising of the Pro-Vice-Chancellor, Registrar and the Convener, Standing Committee of the Syndicate on Staff, Equipment and Buidings to have a consultation on the matter with all concerned for arriving at a resolution. Based on this, the University vide DO letter no Ad.DII.02.2546/2019 dated 13.02.2019 informed the Principal Secretary that as per clarification from UGC the post of Assistant Librarian is to be filled up through direct recruitment and there is no provision in the regulation to fill the said post through promotional avenues. The Principal Secretary to the Government, vide letter no. HEDn-c3-228/2018-Hedn dated 06/06/2019 opined that “there is no promotional avenue for cadre of library assistant from any other non teaching cadre. Hence the post of Assistant Librarian should be filled though open recruitment only under UGC Regulation 2010 and any violation of the same will be viewed seriously by the Government”. Hence, the provision for exercising option to UGC scale of pay to the Library staff was stopped vide UO ADAV.1/6904/19 dated 07.09.2019 and the appointment of Library Staff in UGC scale of pay being allowed through direct appointment as Assistant Librarian. Meanwhile the Vice-Chancellor, has ordered to seek the opinion of the Standing Counsel regarding granting placement under CAS for the above 6 incumbents. Thus the opinion of the learned Standing Counsel was requested on the following: 1. whether the above 6 incumbents in the post of Assistant Librarian may be granted grade promotions/ placements as per UGC Regulation 2010 or any other regulation applicable at the time of their eligibility. 2. whether the court cases presently involving these incumbents and those drawing state scale would be an impediment in taking a decision regarding their placements. 3. Whether a feasible solution need to be taken in the case of those incumbents who are qualified as per UGC regulation but drawing state scale, who may in future claim for UGC scale in light of promotions if granted to these 6 incumbents; eventhough the University had stopped exercising option to UGC scale of pay on promotion to the respective post vide Uo. no. Ad AV.1/6904/19 dated 07.09.2019.
The Standing Counsel vide letter dated 21.11.2019, furnished the following: “ In the light of the university order No. Ad AV.1/6904/19 dated 07.09.2019, the 6 persons, including the superannuated employee have become a vanishing group and it is a fact that they were made to suffer the adverse consequences emanating from the option made by them which in fact was based on the policy decision taken by the University. Though the said policy decision was taken by the University not to intentionally cause any loss or hardship, ultimately the employees concerned are left on the bay regarding even the minimal benefits they could have obtained without going for such option, which their counterparts are presently enjoying. It is in the light of the aforesaid unenviable position that the aspects regarding which clarification is now sought are to be dealt with.
Regarding the first point whether the 6 incumbents in the post of Assistant Librarian may be granted grade promotions/placements as per UGC Regulations 2010 or any other regulation applicable from time to time on the basis of their eligibility determined as per the relevant rule, my definite view is that in the backdrop of the losses they have suffered, though we may not be able to make good the pecuniary loss sustained, which legally is not possible at this point of time, grade promotions/placements can be granted as per the UGC Regulation in force from time to time. Regarding the court cases, the proposal made as above can be presented before the Court for approval and while taking the decision itself it can be specifically stipulated that the same will be subject to the approval of the Hon’ble High Court of Kerala in the connected cases. Regarding the third point, the possibility of other qualified hands claiming similar advantage, they may have to challenge the university order No. Ad AV.1/6904/19 dated 07.09.2019 because reinstating the option is an essential prelude for any claim for such benefits. It may not be appropriate to predict the possibility of any such challenge as any person feeling aggrieved has every right to approach the Court of Law in future, but after a long lapse of time, any employee who presently concedes to the order may have some legal disability in challenging the same as such a move is likely to be considered as a person’s afterthought and an action taken after a slumber. In view of the above, the suggestions made above to resolve the present issue can be seriously considered.” The Vice-Chancellor has ordered to place the same before the Syndicate. Hence, the matter regarding granting placement for librarians who opted UGC Scale as per UGC Regulations is placed before the Syndicate for consideration and appropriate decision.
Resolution of the Syndicate
The Syndicate considered the Legal opinion and RESOLVED to grant grade promotion/ placement to Librarians as per UGC Regulation in force from time to time subject to the approval of the cases in the Hon’ble High Court of Kerala.
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