Kerala High Court
Sreejith.S vs Secretary To Government on 11 September, 2024
2024:KER:69707
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 11 TH DAY OF SEPTEMBER 2024 / 20TH
BHADRA, 1946
WP(C) NO. 3898 OF 2019
PETITIONER/S:
1 LIZY ABRAHAM
AGED 39 YEARS
ASSISTANT PROFESSOR (ELECTRONICS AND
COMMUNICATION), L.B.S.INSTITUTE OF TECHNOLOGY
FOR WOMEN, POOJAPPURA, THIRUVANANTHAPURAM-
695012.
2 DEEPTHI CHANDRAN R
AGED 1 YEARS
ASSISTANT PROFESSOR (MATHEMATICS),
L.B.S.INSTITUTE OF TECHNOLOGY FOR WOMEN,
POOJAPPURA, THIRUVANANTHAPURAM-695012.
BY ADVS.
S.MOHANDAS
Rajesh R.(Varkala) R
V.B.PREMACHANDRAN
M.KIRANLAL(K/963/2009)
MANU RAMACHANDRAN(K/917/2010)
SAMEER M NAIR(K/000481/2017)
GEETHU KRISHNAN(K/001199/2021)
SAILAKSHMI MENON(K/1518/2021)
RESPONDENT/S:
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019
2024:KER:69707
-2-
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM-695001.
2 DIRECTOR,
L.B.S CENTRE FOR SCIENCE AND TECHNOLOGY,
NANDAVANAM, THIRUVANANTHAPURAM-695033.
3 PRINCIPAL,
L.B.S INSTITUTE OF TECHNOLOGY FOR WOMEN,
POOJAPPURA, THIRUVANANTHAPURAM-695012.
4 DIRECTOR,
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION,
7TH FLOOR, CHANDERLOK BUILDING, JANPATH, NEW
DELHI-110001.
BY ADVS.
SMT.SHAMEENA SALAHUDHEEN
SRI.P.VIJAYAKUMAR
SRI.SAJITH KUMAR V.
OTHER PRESENT:
SRI T JAYAN,R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.09.2024, ALONG WITH WP(C).5762/2019,
6897/2019 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019
2024:KER:69707
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 11 TH DAY OF SEPTEMBER 2024 / 20TH
BHADRA, 1946
WP(C) NO. 5762 OF 2019
PETITIONER/S:
1 SEENA THOMAS
AGED 36 YEARS
ASSISTANT PROFESSER IN COMPUTER SCIENCE AND
ENGINEERING, L.B.S. INSTITUTE, POOJAPPURA,
THIRUVANANTHAPURAM-695 033.
2 NISHY RESHMI S.
AGED 1 YEARS
ASSISTANT PROFESSER IN COMPUTER SCIENCE AND
ENGINEERING, L.B.S. INSTITUTE, POOJAPPURA,
THIRUVANANTHAPURAM-695 033.
3 LEKSHMY P.L
AGED 1 YEARS
ASSISTANT PROFESSER IN COMPUTER SCIENCE AND
ENGINEERING, L.B.S. INSTITUTE, POOJAPPURA,
THIRUVANANTHAPURAM-695 033.
4 HEMA S
AGED 1 YEARS
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019
2024:KER:69707
-4-
ASSISTANT PROFESSER IN ELECTRONICS AND
COMMUNICATION, L.B.S. INSTITUTE, POOJAPPURA,
THIRUVANANTHAPURAM-695 033.
5 REENA M. ROY
AGED 1 YEARS
ASSISTANT PROFESSER IN ELECTRONICS AND
COMMUNICATION, L.B.S. INSTITUTE, POOJAPPURA,
THIRUVANANTHAPURAM-695 033.
BY ADVS.
S.MOHANDAS
Rajesh R.(Varkala) R
M.KIRANLAL(K/963/2009)
MANU RAMACHANDRAN(K/917/2010)
SAMEER M NAIR(K/000481/2017)
GEETHU KRISHNAN(K/001199/2021)
SAILAKSHMI MENON(K/1518/2021)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
2 DIRECTOR
L.B.S. CENTRE FOR SCIENCE AND TECHNOLOGY,
NANDAVANAM, THIRUVANANTHAPURAM-695 033.
3 PRINCIPAL
L.B.S. INSTITUTE OF TECHNOLOGY FOR WOMEN
POOJAPPURA, TRIVANDRUM-695 033.
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019
2024:KER:69707
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4 DIRECTOR
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION,
7TH FLOOR, CHANDERLOK BUILDING, JANPATH, NEW
DELHI-110 001.
BY ADV SHRI.SAJITH KUMAR V., SC, ALL INDIA
COUNCIL FOR TECHNICAL EDUCATION - AICTE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.09.2024, ALONG WITH WP(C).3898/2019
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019
2024:KER:69707
-6-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 11 TH DAY OF SEPTEMBER 2024 / 20TH
BHADRA, 1946
WP(C) NO. 6897 OF 2019
PETITIONER/S:
1 SREEJITH.S,
AGED 37 YEARS
S/O. SADASIVAN NAIR, ASSISTANT PROFESSOR IN
COMPUTERE SCIENCE AND ENGINEERING, LBS
INSTITUTE OF TECHNOLOGY FOR WOMEN,
POOJAPPURA, THIRUVANANTHAPURAM 695 011. NOW
DOING PHD PROGRAMME, UNDER QUALITY
IMPROVEMENT PROGRAMME SCHEME AT COLLEGE OF
ENGINEERING, GUINDY, CHENNAI 600 025.
2 SAJAN JEROME,
AGED 1 YEARS
ASSISTANT PROFESSOR IN COMPUTER SCIENCE AND
ENGINEERING, LBS INSTITUTE OF TECHNOLOGY FOR
WOMEN, POOJAPPURA, THIRUVANANTHAPURAM 695
011. NOW DOING PHD PROGRAMME UNDER QUALITY
IMPROVEMENT PROGRAMME SCHEME AT NATIONAL
INSTITUTE OF TECHNOLOGY, TIRUCHIRAPPALLI 620
015.
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019
2024:KER:69707
-7-
3 RENSI SAM MATHEW,
AGED 1 YEARS
ASSISTANT PROFESSOR IN ELECTRONICS AND
COMMUNICATION, LBS COLLEGE OF ENGINEERING,
KASARAGODE 671 542 NOW DOING PHD PROGRAMME
UNDER QUALITY IMPROVEMENT PROGRAMME SCHEME AT
COLLEGE OF ENGINEERING, GUINDY, CHENNAI 600
025.
4 RAJESH KUMAR P.M,
AGED 1 YEARS
ASSISTANT PROFESSOR IN COMPUTEER SCIENCE AND
ENGINEERING, LBS COLLEGE OF ENGINEERING,
KASARAGODE 671 542.
BY ADVS.
R.T.PRADEEP
M.BINDUDAS
K.C.HARISH
RESPONDENT/S:
1 SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 DIRECTOR,
LBS CENTRE FOR SCIENCE AND TECHNOLOGY,
NANDAVANAM, THIRUVANANTHAPURAM 695 023.
3 PRINCIPAL,
LBS INSTITUTE OF TECHNOLOGY FOR WOMEN,
POOJAPPURA, THIRUVANANTHAPURAM 695 011.
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019
2024:KER:69707
-8-
4 PRINCIPAL,
LBS COLLEGE OF ENGINEERING, KASARAGODE 671
542.
5 DIRECTOR,
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION,
7TH FLOOR, CHANDERLOK BUILDING, JANPATH, NEW
DELHI 110 001.
BY ADVS.
SMT.SHAMEENA SALAHUDHEEN
SHRI.SAJITH KUMAR V., SC, ALL INDIA COUNCIL
FOR TECHNICAL EDUCATION - AICTE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.09.2024, ALONG WITH WP(C).3898/2019
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019
2024:KER:69707
-9-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 11 TH DAY OF SEPTEMBER 2024 / 20TH
BHADRA, 1946
WP(C) NO. 7028 OF 2019
PETITIONER/S:
1 KANJANA G.
AGED 36 YEARS
ASST. PROFESSOR (ECE DEPARTMENT), L.B.S.
INSTITUTE FOR WOMEN POOJAPPURA, TRIVANDRUM-
695 012
2 SMITHA K.S.
ASST. PROFESSOR (ECE DEPARTMENT), -DO-
3 MOHAMMED SHAFFI J,
ASST. PROFESSOR (ECE DEPARTMENT), -DO-.
4 BAIJU P.S.
ASST. PROFESSOR (ECE DEPARTMENT), -DO-
BY ADVS.
S.MOHANDAS
Rajesh R.(Varkala) R
MANU RAMACHANDRAN(K/917/2010)
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019
2024:KER:69707
-10-
M.KIRANLAL(K/963/2009)
SAMEER M NAIR(K/000481/2017)
GEETHU KRISHNAN(K/001199/2021)
SAILAKSHMI MENON(K/1518/2021)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, TRIVANDRUM-695
001
2 DIRECTOR
L..B.S. CENTRE FOR SCIENCE AND TECHNOLOGY,
NANDAVANAM, TRIVANDRUM-695 033
3 PRINCIPAL
L.B.S. INSTITUTE OF TECHNOLOGY FOR WOMEN
POOJAPPURA, TRIVANDRUM-695 012
4 DIRECTOR
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION,
JANPATH, NEW DELHI 110 011
BY ADVS.
SMT.SHAMEENA SALAHUDHEEN
SRI.SAJITH KUMAR V.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.09.2024, ALONG WITH WP(C).3898/2019
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019
2024:KER:69707
-11-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 11 TH DAY OF SEPTEMBER 2024 / 20TH
BHADRA, 1946
WP(C) NO. 8856 OF 2019
PETITIONER/S:
1 SWARAJ KUMAR.B.,
AGED 42 YEARS
WORKING AS ASSISTANT PROFESSOR, DEPARTMENT OF
MECHANICAL ENGINEER, LBS COLLEGE OF ENGINEER,
KASARAGOD-671 542
2 SREEJITH.M.,
AGED 1 YEARS
WORKING AS ASSISTANT PROFESSOR, DEPARTMENT OF
MECHANICAL ENGINEER, LBS COLLEGE OF ENGINEER,
KASARAGOD-671 542
3 MAHESH.P.V.,
AGED 1 YEARS
WORKING AS ASSISTANT PROFESSOR, DEPARTMENT OF
MECHANICAL ENGINEER, LBS COLLEGE OF ENGINEER,
KASARAGOD-671 542
4 ANJALI.M.S.,
AGED 1 YEARS
WORKING AS ASSISTANT PROFESSOR, DEPARTMENT OF
MECHANICAL ENGINEER, LBS COLLEGE OF ENGINEER,
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019
2024:KER:69707
-12-
KASARAGOD-671 542
BY ADVS.
P.SREEKUMAR
SMT.V.A.HARITHA
SRI.SIDHARTH B PRASAD
SRI.R.NANDAGOPAL
SHRI.ASWIN KUMAR M J
SMT.MARY RESHMA GEORGE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 LBS CENTRE FOR SCIENCE AND TECHNOLOGY,
NANDAVANAM, THIRUVANANTHAPURAM-695 003
3 PRINCIAL,
LBS COLLEGE OF ENGINEER, MULIYAR
(PO),KASARAGOD-671 542
4 THE ALL INDIA COUNCIL FOR TECHNICAL
EDUCATION, REPRESENTED BY ITS DIRECTOR, 7TH
FLOOR, CHANDERLOK BUILDING, JANPATH, NEW
DELHI-110001
5 THE PRINCIPAL ACCOUNTATN GENERAL (A AND
E/AUDIT), THIRUVANANTHAPURAM, KERLAA-695 001
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019
2024:KER:69707
-13-
BY ADVS.
SHAMEENA SALAHUDHEEN
SRI.SAJITH KUMAR V.
THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 11.09.2024, ALONG WITH
WP(C).3898/2019 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019
2024:KER:69707
-14-
JUDGMENT
Dated this the 11th day of September, 2024 These four writ petitions are connected and pertain to the dispute as to whether the petitioners were entitled for the two advance increments, which were already disbursed to them.
2. The short facts necessary for the disposal of these writ petitions, as culled out from W.P.(C) No.6897 of 2019, are as under;
There are four petitioners in this writ petition. It is to be straightaway noticed that they were all having B.Tech as well as M.Tech qualification prior to 2006 itself. The petitioners were appointed as Lecturers in two Engineering Colleges under the management of the 2nd respondent herein during 2007-08. Under the AICTE Regulations, which was prevalent at that W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -15- point of time, those who were appointed in the post of Lecturers and who were possessing higher educational qualification of M.Tech, were entitled for two advance increments. On the basis of the above stipulation, the petitioners were entitled for the said benefit.
3. However, new AICTE Regulations were formulated in 2010, with retrospective effect from 01.01.2006, as regards revision in pay etc. on the basis of the 6th pay revision. It is the case of the petitioners that there were some Clauses in the AICTE Regulations, 2010, which were made applicable as against them, when in reality, they were not applicable. The petitioners points out to a clarification issued by the 5 th respondent through a notification dated 04.01.2016, wherein it is stipulated as under;
"(5) There shall be no advance increments for acquiring M.Tech/M.Phil or Ph.D Degree to those who are already working as a regular faculty with lower W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -16- qualification and where such higher basic qualifications are/were essential for the post.
(6) Non-compound advance increments (Three/Two/One) on acquiring Ph.D/M.Tech/M.Phil and other equivalent qualifications, while in service, wherever applicable in AICTE Regulations, 2010 shall be granted in PB3 (Rs.15600- 39100) only. The advance increments for those who acquired Ph.D/M.Phil/M.Tech and other equivalent qualifications, while in service are not allowed in the PB4 (Rs.37400-67000/-)."
On the basis of the above clarification provided by the 5 th respondent, the petitioners point out that an audit query was raised as evident by Ext.P5, followed with the Government order at Ext.P6. In Ext.P6 Government order dated 16.06.2017, it is provided as under;
"2. Government have directed the Director of Technical Education to strictly adhere to this clarifications issued by the AICTE on Non-compounded advance increments to higher qualifications and to recover the amount from the incumbents if they had W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -17- been given Non-compounded advance increments for higher qualifications as an incentive for Ph.D and other higher qualifications. Accordingly the Accountant General, during the audit, has demanded the details of excess payment of pay and DA on account of irregular grant of advance increments granted at the level of Principals, Professors and Associate Professors including retired teachers who were granted irregular increments and given retirement benefits (Pension, DCRG, Pension Commutation and Terminal Surrender) by counting the irregular advance increments.
3. As per Government Order read as 2 nd paper above Government have accorded sanction to release the 3rd and 4th instalments of AICTE arrears to the faculties of Engineering Colleges. The Director of Technical Education in his letter read above has requested to sanction to recover the liable amount drawn consequent on the irregular sanction of increments for higher qualifications as an incentive for Ph. D & other higher qualifications from the AICTE Pay Revision arrears sanctioned to the faculties.
4. Government have examined the matter in detail. Sanction is accorded to recover the liable W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -18- amount drawn, consequent on the irregular sanction of Non- compounded advance increments for higher qualifications as an incentive for Ph. D & other higher qualifications from the AICTE Pay Revision arrears sanctioned to the faculties of Engineering Colleges."
On the basis of the above findings, the 2 nd respondent came out with Ext.P7 dated 22.01.2019, deciding to recover from the petitioners herein the alleged excess drawn advance increments as above. The petitioners in the other three writ petitions also claim that they were appointed with the 2nd respondent during 2007-08 and they were having B.Tech as well M.Tech at the time of their appointment.
4. It is in the above circumstances that the captioned writ petitions have been filed by the petitioners.
5. A statement has been filed on behalf of respondent Nos. 2 to 4 followed with an affidavit. In the affidavit dated 27.05.2024, the second respondent refers to the AICTE Regulations- 2010 and contends that since retrospective W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -19- operation from 01.01.2006 was provided for the ACTE Regulations-2010, the proceedings initiated against the petitioners were perfectly justified.
6. An affidavit dated 30.07.2024 is placed on record by the 5th respondent herein wherein it is pointed out as under;
"5. It is humbly submitted that the Regulations which were issued through AICTE letter dated 15.03.2000, minimum qualification for the post of Lecturer in Degree level Technical Institutions was First Class Bachelor's Degree in the appropriate Branch of Engineering/Technology. It is clear that, at the time of entry in service as Lecturer in 2008, the Petitioners were possessing higher educational qualification of Master's Degree. Under the Regulations, Incentive for higher qualification was provided in para 6.0 of the AICTE Notification issued by letter dated 15.03.2000 on revision of pay scales and associated terms and conditions of service of teachers of Degree level Technical Institutions. In the Regulations, it was mentioned that at the time of recruitment as W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -20- Lecturers in Science/Humanities those who hold Ph.D. and M.Phil. Degree will be entitled to advance increments 4 and 2 respectively. Similarly, technical faculty who hold Ph.D. and M.E./ M. Tech degrees will also be entitled to advance increments 4 and 2 respectively.
6. It is humbly submitted that from the aforesaid, it is evident that the grant of two advance increments to the Petitioners were in accordance with the AICTE Regulations which was legitimately due to them. However, based on an audit objection, the 1st Respondent through Secretary, State Government of Kerala, Department of Higher Education, has ordered the recovery of the amount paid to the Petitioners by way of non-compounded advance increment. The Petitioners contend that no notice was given to them and a portion of the amount was recovered from the salary due in March 2019 and the State Government did not make any effort to drop the audit objection.
7. It is to be noted that the AICTE Gazette Notification 2010 came into effect from W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -21- 05.03.2010 and therefore the cases of the incumbent Lecturers, recruited in the year 2008 prior to the Issue of aforesaid Notification, will be regulated for grant of advance increments in accordance with the provisions laid down under the AICTE Notification issued by letter dated 15.03.2000.
8. It is humbly submitted that giving retrospective interpretation to AICTE Gazette Notification dated 05.03.2010 by the audit party and taking away the benefit of advance increment granted to the Petitioners under AICTE Gazette Notification 2000, is totally incorrect. There is no dispute on the fact that at the time of their entry in service as a Lectures, the Petitioners were possessing higher educational qualification and therefore they were rightly granted the benefit of advance increment.
9. It is humbly submitted that the recovery made by the State Government on the basis of the audit objection is not in order and there is also failure on the part of the State Government to clarify the position to the Audit Department W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -22- for getting the objection dropped. Hence the objection raised by the Audit team for grant of advance increment to the Petitioners is in contravention of the 2000, AICTE Regulations."
7. I have heard Sri.R.T.Pradeep, learned Counsel for the petitioner in W.P.(C) No.6897 of 2019 and Sri.R.Rajesh (Varkala), learned Counsel for the petitioner in the other cases. I have also heard Smt. Shameena Salahudheen, learned Standing Counsel for the 2nd respondent, Sri.T.Jayan for the 1st respondent and Sri.Sajith Kumar V, learned Standing Counsel for AICTE.
8. Sri.R.T.Pradeep, learned Counsel for the petitioners essentially points out that the reliance placed on the notification dated 04.01.2016 was out of place. He elaborates, by pointing out that the eligibility for two advance increments was not on the basis of 2010 Regulations, but was on the basis of 2000 Regulations issued by the AICTE. The eligibility for the W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -23- said advance increments as regards the petitioners on the basis of 2000 Regulations, is not in dispute. He therefore submits that the impugned proceedings require to be set aside.
9. Per contra, Smt.Shameena, learned Standing Counsel for the 2nd respondent points out that the AICTE Regulations-2010 were given retrospective operation as is clear from Exts.R2(c) and (d). She also points out that the 5 th respondent had originally taken the stand that the petitioners were not entitled for the two advance increments and therefore, the affidavit filed in 2024 cannot be the correct proportion of law. She points out that with respect to some of the petitioners, they may not be entitled for any benefit even if this Court took the view that the 2010 Regulations may not be applicable, insofar those petitioners have obtained the higher educational qualification of M.Tech only subsequent to 2013. She has also handed over a copy of a list prepared by W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -24- the 2nd respondent, giving the details of acquisition of M.Tech by the various petitioners in the writ petitions. Copies of the said list are also circulated among the respective counsels. The said list is extracted hereunder for clarity:-
List of Faculties : M.Tech Advance increment sanctioned No Name Designation Date of Date of Amount to M. Joining Sanctioning be Tech M.Tech recovered advance increment 1 Baiju P.S. Asst.Professor, 16/01/08 31/08/13 56040 2014 Electronics and Communication 2 Mohammed Asst.Professor, 16/01/08 30/09/15 36540 2016 Shaffi J Electronics and Communication 3 Kanjana G Asst.Professor, 16/01/08 31/08/14 76459 2014 Electronics and Communication 4 Smitha K.S Asst.Professor, 16/01/08 31/08/13 84220 2013 Electronics and Communication 5 Meril Cyriac Asst.Professor, 28/02/13 No case. 2013 Electronics and Amount Communication not informed from LBSITW 6 Lizy Asst.Professor, 04/02/08 04/02/08 129464 2006 Abraham Electronics and Communication W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -25- 7 Hema S Asst.Professor 07/03/08 07/03/08 119992 2006 8 Seena Asst.Professor 16/01/08 16/01/08 128106 2006 Thomas 9 Lekshmi P.L Asst.Professor 16/01/08 16/01/08 122626 2006 10 Nishy Asst.Professor 16/01/08 16/01/08 69020 2006 Reshmi S 11 Sreejith S Asst.Professor 04/08/08 04/08/08 79120 2007 12 Sajan Asst.Professor 28/02/08 28/02/08 126100 2006 Jerome 13 Reena M.Roy Asst.Professor 16/01/08 16/01/08 127377 2007 14 Anjali M.S Asst.Professor 16/01/08 16/01/08 247470 2001 15 Mahesh P.V Asst.Professor 16/01/08 16/01/08 247470 2004 16 Rajesh Asst.Professor 16/01/08 16/01/08 247470 2004 Kumar P.M 17 Rensi Sam Asst.Professor 16/01/08 16/01/08 247470 2006 Mathew 18 Sreejith M. Asst.Professor 16/01/08 16/01/08 247470 2002 19 Deepthi Asst.Professor 06/02/08 06/02/08 125245 2006 Chandran 20 Swaraj Asst.Professor 08/02/08 08/02/08 247470 2005 Kumar B 21 Biji G. Asst.Professor Relieved 22 Jyothi Raj Asst.Professor Relieved
10. The short issue arising for consideration is as to whether the stand taken by the respondents to the effect that the petitioners are not entitled for the two advance increments is correct or not.
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -26-
11. The admitted facts are that the petitioners have joined the service of the 2 nd respondent during 2007-08. They were having both B.Tech as well as M.Tech as claimed by them at that point of time. Therefore, they were entitled for the benefits of two advance increments on the basis of the 2000 Regulations of AICTE.
12. The issue arises only subsequent to the 2010 Regulations. The respondents have placed reliance on the notification dated 04.01.2016. A reference to the said notification would show that two paragraphs that are made applicable as against the petitioners, are paragraphs 5 and 6. As regards paragraph 5, the same would get attracted only in a situation where the concerned persons were working with 'lower qualification' when the qualification required was a higher one. The said paragraph may not apply as against the petitioners herein for the simple reason that as on the date of W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -27- joining the service of the 2nd respondent itself, the petitioners claims that they were having B.Tech/M.Tech. The second paragraph (Para 6) would become applicable only in a situation where the incumbents had acquired higher qualification 'while in service'. Here also, as noticed earlier, the petitioners claim that as on the date of joining the service of the 2 nd respondent, they were having the higher qualification. Therefore, the notification dated 04.01.2016, in my opinion, would not apply to the facts and circumstances of the case at hand.
13. In this connection, a reference to the affidavit dated 30.07.2024 of the 5th respondent would be beneficial. In the said affidavit also, which is extracted earlier, the AICTE has specifically pointed out that the respondents were not justified in relying on the notification dated 04.01.2016 as well as 2010 Regulations so as to deny the benefits of two advance W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -28- increments to the petitioners.
14. In that view of the matter, I am of the opinion that the impugned proceedings initiated against the petitioners would not be justifiable. However, I notice that Smt. Shameena has a specific contention to the effect that some of the petitioners have acquired the higher qualification only subsequent to 2010 Regulations. I make it clear that those of the petitioners who have so attained higher qualifications subsequent to 2010 Regulations, would not be entitled for the benefit of this judgment.
In such circumstances, I allow these writ petitions as under;
(i) The impugned orders in these writ petitions would stand quashed.
(ii) There would be a declaration to the effect that, as regards those of the petitioners who had B.Tech as well as W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -29- M.Tech on the date of joining the service of the 2 nd respondent, that is, prior to 2010 Regulations, would be entitled for the two advance increments under the 2000 Regulations.
(iii) Those of the petitioners, who have acquired the higher qualification of M.Tech only subsequent to 2010 Regulations, would not be entitled for the benefits flowing out of this judgment.
Sd/-
HARISANKAR V. MENON JUDGE Scl/ W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -30- APPENDIX OF WP(C) 3898/2019 RESPONDENT EXHIBITS Exhibit R2(a) A true copy of the G.O(P) 68/2000/H.Edn dated 18.5.2000 Exhibit R2(b) A true copy of the AICTE Regulation 2010 Exhibit R2(c) A true copy of the letter No. B7/ 961/2019 dated 19.10.2023 issued by the Director, LBS Centre Exhibit R2(d) letter dated 31.10.2023 issued by the Assistant Director (T and LB), AICTE PETITIONER EXHIBITS EXHIBIT P4 A TRUE COPY OF PROCEEDINGS NO.B7/AUDIT ENQUIRY/NO.18/2017 DATED 22.1.2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 A TRUE COPY OF ORDER NO.E/668/LBT/2012 DATED 27.4.2013 ISSUED BY 3RD RESPONDENT.
EXHIBIT P2 AN EXTRACTS FROM ORDER NO.GO(P)389/10/H.EDN DATED 7.12.2010 ISSUED BY THE GOVT. OF KERALA.
EXHIBIT P1 AN EXTRACTS FROM THE NOTIFICATION ISSUED BY THE A.I.C.T.E VIDE NO.F.NO.37- 3/LEGAL/2010 DATED 22.1.2010.
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -31- APPENDIX OF WP(C) 5762/2019 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF RELEVANT PAGE OF GO(P) 389/10/H.EDN. DATED 7.12.2010.
EXHIBIT P2 A TRUE COPY OF GO(RT) NO.1123/2017/H.EDN. DATED 16.6.2017. EXHIBIT P3 A TRUE COPY OF AUDIT ENQUIRY REPORT NO.18 (EXTRACTS) ISSUED BY THE OFFICE OF THE ACCOUNTANT GENERAL.
EXHIBIT P4 A TRUE COPY OF B7/AUDIT ENQUIRY NO.18/2017 DATED 22.1.2019 ISSUED BY THE 2ND RESPONDENT.
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -32- APPENDIX OF WP(C) 6897/2019 RESPONDENT EXHIBITS Exhibit R2(a) A true copy of the G.O(P) 68/2000/H.Edn dated 18.5.2000 Exhibit R2(c) A true copy of the letter No. B7/ 961/2019 dated 19.10.2023 2023 issued by the Assistant Director (T and LB), AICTE Exhibit R2(d) True copy of the letter dated 31.10.2023 issued by the Assistant Director (T and LB), AICTE Exhibit R2(b) A true copy of the relevant pages of AICTE Regulation 2010 PETITIONER EXHIBITS EXHIBIT P5 THE COPY OF AUDIT ENQUIRY NO. 18 DATED 14-11-2017 EXHIBIT P6 THE COPY OF G.O (RT)1123/2017/H.EDN DATED 16-06-2017 EXHIBIT P1 THE COPY OF APPOINTMENT ORDER OF 1ST PETITIONER DATED 21-07-2008 EXHIBIT P8 THE COPY OF ORDER DATED 22-2-2019 IN W.P(C) NO. 3898/2019.
EXHIBIT P9 THE COPY OF ORDER DATED 28-2-2019 IN W.P(C) NO. 5762/2019.
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -33- EXHIBIT P7 THE COPY OF PROCEEDINGS DATED 22-1- 2019 BY LBS CENTRE FOR SCIENCE & TECHNOLOGY.
EXHIBIT P2 THE COPY OF APPOINTMENT ORDER OF 2ND PETITIONER DATED 14-2-2008 EXHIBIT P3 THE COPY OF APPOINTMENT ORDER OF 3RD PETITIONER DATED 31-12-2007 EXHIBIT P4 THE COPY OF APPOINTMENT ORDER OF 4TH PETITIONER DATED 31-12-2007 W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -34- APPENDIX OF WP(C) 7028/2019 PETITIONER EXHIBITS EXHIBIT P1 AN EXTRACTS FROM AICTE REGULATION NOTIFIED VIDE F. NO. 37-3- 3/LEGAL/2010 DATED 22.1.2010 EXHIBIT P2 AN EXTRACTS FROM GO(P) NO.
389/2010/H. EDN. DATED 7.12.2010 EXHIBIT P3 A TRUE COPY OF GO(RT) NO.
1123/2017/H.EDN. DT. 16.6.2017 EXHIBIT P4 A COPY OF AUDIT ENQUIRY REPORT ISSUED BY THE ACCOUNTANT GENERAL'S OFFICE, TRIVANDRUM.
EXHIBIT P5 A COPY OF PROCEEDINGS NO. B7 PAUDIT ENQUIRY NO. 18/2017 DT. 22.1.2019 ISSUED BY THE 2ND RESPONDENT.
W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -35- APPENDIX OF WP(C) 8856/2019 RESPONDENT ANNEXURES Annexure R2(a) A true copy of the G.O(P) 68/2000/H.Edn dated 18.5.2000 Annexure R2(b) A true copy of the relevant page of AICTE Regulation 2010 Annexure R2(c) A true copy of the relevant pages of the Gazette Notification of Clarification issued by the AICTE Annexure R2 (d) A true copy of the letter No. B7/ 961/2019 dated 19.10.2023 issued by the LBS Centre Annexure R2(e) A true copy of the letter dated 31.10.2023 issued by the Assistant Director T and LB AICTE PETITIONER EXHIBITS EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 22.2.2019 IN WP(C) NO.3898 OF 2019 OF THIS HON'BLE COURT EXHIBIT P4 A TRUE COPY OF THE RELEVANT PORTION OF THE AUDIT OBJECTION RAISED BY THE 5TH RESPONDNET EXHIBIT P3 A TRUE COPY OF THE GO(RT) W.P.(C) Nos.3898, 5762, 6897, 7028 & 8856/2019 2024:KER:69707 -36- NO.1123/2017/H.EDN DATED 16.6.2017 EXHIBIT P2 A TRUE COPY OF THE ORDER NO,B7/493/97 DATED 25.03.2011 BY THE 2ND RESPONDENT EXHIBIT P1 A TRUE COPY OF THE GO(P) 389/10/H/EDN DATED 07.12.2010