Kerala High Court
Dr.Mammootty vs State Of Kerala on 6 July, 2020
Author: P.V.Asha
Bench: P.V.Asha
WP(C).No.31065 OF 2019(G) 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 06TH DAY OF JULY 2020 / 15TH ASHADHA, 1942
WP(C).No.31065 OF 2019(G)
PETITIONER:
DR.MAMMOOTTY,
AGED 60 YEARS
S/O.THANNADA PUTHIYA PURAYIL, ABDULLA (LATE),
STREET NO.10, MINAS BADARIYA NAGAR, THALIPARAMBA
P.O., KANNUR- 670141, (RETIRED ASSOCIATE PROFESSOR
IN COMMERCE, SIR SYED COLLEGE, THALIPARAMBA).
BY ADV. SRI.M.S.RADHAKRISHNAN NAIR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM- 695001.
2 THE DIRECTOR OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM- 695001.
3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
KOZHIKODE- 673001.
4 THE PRINCIPAL,
SIR SYED COLLEGE, KARIMBAM P.O., THALIPARAMBA,
KANNUR- 670142.
R3 BY SR.GOVERNMENT PLEADER SRI P.M.MANOJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.31065 OF 2019(G) 2
P.V.ASHA, J.
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W.P(c) No.31065 of 2019-G
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Dated this the 6th day of July, 2020
JUDGMENT
The petitioner, who retired from the 4th respondent college had acquired Ph.D on 03.06.2008. His grievance is that he is not granted the third advance non compoundable increment. On the basis of acquisition of Ph.D he was granted 2 advance non compoundable increment as per Ext.P3 order on 27.2.2019. The teachers who acquired Ph.D on or after 1.9.2008 got 3 non compoundable advance increments in accordance with Ext.P1 revised UGC Scheme introduced on 27.3.2010. The petitioner who acquired Ph.D much before them is denied the benefit.
2. This Court has considered a series of similar cases and the entitlement of persons like the petitioner has been upheld in the judgment in W.P(C).No.32534/2014 as affirmed in W.A.No.1859 of 2017 and also in the judgment Ext.P8 in WP(C).No.31065 OF 2019(G) 3 W.P(C).No.14304 of 2019. Therefore, the petitioner would also be entitled to one more non compoundable increment w.e.f 1.9.2008.
3. Even though the respondents have raised an objection stating that the petitioner acquired Ph.D without undergoing any process prescribed in Ext.P1 Government Order under clause 4.1, it is seen that the petitioner acquired Ph.D in the year 2008; whereas the UGC (Minimum Standards and Procedure for Awards of M.Phil/Ph.D Degree) Regulation, 2009 came into force only w.e.f 1.6.2009. The benefit of the judgments referred to in para.2 above cannot be denied to him when the respondents do not have a case that the date of acquisition of Ph.D in the case of the petitioner is not on 3.6.2008. Further the objection raised by the respondents has already been considered in Ext.P6 judgment in W.P(c).No.16998 of 2014.
4. In the above circumstances, the respondents shall take appropriate steps to see that the third non compoundable advance increment WP(C).No.31065 OF 2019(G) 4 and all consequential benefits are granted to the petitioner w.e.f 1.9.2008 within a period of three months from the date of receipt of a copy of this judgment.
The Writ Petition is allowed accordingly.
Sd/-
(P.V.ASHA, JUDGE) rtr/ WP(C).No.31065 OF 2019(G) 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE ABOVE G.O(P)58/10/H.EDN DATED 27.03.2010.
EXHIBIT P2 TRUE COPY OF THE G.O(MS)NO.597/2013/H.EDN DATED 03.09.2012.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 27.02.2019 GRANTING TWO NON COMPOUNDABLE ADVANCE INCREMENTS TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE RELEVANT PORTION OF THE ORDER NO.1-32/2006-U.II/U.I(i) OF THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF HIGHER EDUCATION NEW DELHI DATED 31.12.2008. EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTION OF UGC REGULATION.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P. (C)NO.16998 OF 2014 DATED 23.03.2016. EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN W.A.NO.729 OF 2015 DATED 04.02.2016.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P. (C)NO.14304/2019 DATED 11.06.2019 GRANTING ONE MORE ADVANCE NON COMPOUNDABLE INCREMENTS TO THE PETITIONER IN THAT CASE.
EXHIBIT P9 TRUE COPY OF THE UGC(MINIMUM STANDARDS AND PROCEDURE FOR AWARDS OF M.PHIL/PH.D DEGREE) REGULATION 2009.
RESPONDENTS' EXHIBITS EXT.R3(a) A TRUE COPY OF THE ORDER NO.E3-8245/17 DATED 27.02.2019.