State Of Kerala vs Prof.(Dr.) Gimson D.Parambil on 4 November, 2025

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Kerala High Court

State Of Kerala vs Prof.(Dr.) Gimson D.Parambil on 4 November, 2025

The respondents 1 to 3 in W.P.(C)No.8 of 2023 filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 26.09.2023 passed by the learned Single Judge in that writ petition.

2. Going by the averments in the writ petition, the respondents 1 and 2 are working as Professor and Associate Professor, respectively, in the 3rd respondent college. The 1st respondent, while continuing as Assistant Professor, acquired Ph.D on 29.06.2011, and the 2nd respondent acquired Ph.D on 30.12.2008. Hence, both respondents were granted three non- compounded advance increments following clause 10.4 of Ext.P1 Government order dated 27.03.2010. However, upon being promoted as Associate Professor on 01.02.2013 and 23.07.2013 respectively, the respondents 1 and 2 were placed in the lowest scale attached to the Associate Professor, without adding the three increments granted for obtaining Ph.D. According to respondents 1 and 2, all their juniors and colleagues who acquired Ph.D only after getting promotion as Associate Professor are being awarded 4 WA No.278 of 2024 2025:KER:82669 the increment at the higher pay scale from the date of acquiring Ph.D, whereas the respondents' pay is fixed on the basic pay band without increments. The representations submitted by the respondents 1 and 2 were rejected by the 2nd appellant, vide Ext.P7 order dated 28.06.2022, and aggrieved by the illegal action of the 2nd appellant in rejecting the representation, and not fixing the correct pay, the respondents 1 and 2 preferred W.P.(C)No.8 of 2023 seeking the following reliefs:

"i. Issue a writ order or direction in the nature of certiorari calling for records leading to Ext P7 and quash the same. ii. Issue a writ, order or direction in the nature of mandamus directing the respondents 2 and 3 to grant the 3 advance increments to the petitioner as per clause 10.4 of Ext. P1 and fix their pay accordingly from the date of promotion. iii. Issue a writ, order or direction in the nature of declaration, declaring that the petitioners are eligible to receive advance increments associated to acquiring higher qualification as per clause 10.4 of Ext. P1 upon promotion to the post of Associate Professor and Professor. iv. Issue a writ, order or direction in the nature of declaration declaring that the increments granted as per clause 10.4 cannot be withdrawn upon receiving promotions or career advancement".

3. In the writ petition, on behalf of the 3 rd appellant, a 5 WA No.278 of 2024 2025:KER:82669 counter affidavit dated 03.02.2023 was filed, producing therewith Exts. R3(a) to R3(d) documents.

4. To that counter affidavit, a reply affidavit dated 05.04.2023 was filed by the 1st respondent-1st petitioner, producing therewith Exts.P8 and P9 documents.

5. After hearing both sides and on appreciation of materials on record, the learned Single Judge by the impugned judgment dated 26.09.2023 allowed the writ petition. The said judgment read thus:

"The prayer in the writ petition is for quashing Ext.P7 and for directing respondents 2 & 3 to grant three advance increments to the petitioners, as per clause 10.4 of Ext.P1 and to fix their pay accordingly from the date of promotion.

2. The grievance of the petitioners is that though they were given advance increments on acquiring Ph.D, while they were working as Assistant Professors, the benefit was not extended to them when they were promoted as Associate Professors. The issue is no longer res integra. In similar circumstances, this Court has, in the judgments in W.P.(C)No.25962/2008, W.P. (C) No.21367/2004 and W.P.(C) No.31777/2015, held that the petitioners therein will be entitled to retain the benefit which was granted to them on acquiring Ph.D, on their appointment to higher posts. The judgment in W.P.(C)No.31777/2015 was also 6 WA No.278 of 2024 2025:KER:82669 confirmed by a Division Bench in the judgment in W.A.No.1653/2017.

3. I do not find any reason to take a different view. The petitioners are entitled to succeed. The Writ Petition is hence allowed. Ext.P7 is quashed. There will be a direction to respondents 2 & 3 to grant three advance increments to the petitioners, as per clause 10.4 of Ext.P-1 and fix their pay accordingly from the date of their promotion as Associate Professors. Necessary orders shall be issued and the benefits made available to the petitioners, within two months from the date of receipt of a copy of this judgment."

6. Being aggrieved, the State and its officials are now before this Court with this writ appeal.

7. During the course of arguments, the learned Senior Government Pleader pointed out that the issue in this writ appeal is covered by the judgment of this Court dated 08.10.2025 in R.P. No.1163 of 2025. The learned Senior Government Pleader further pointed out paragraph 6 of the appeal memorandum wherein it is stated that in this case, the basic pay of the 1st respondent was Rs.32,580/- (24,580+8,000) and that of the 2nd respondent was Rs.33,140/- (25,140+8,000) respectively. 3% of the basic pay, rounded off to next multiple of 100 of 1st respondent is 980. Hence, the pay of the 1st respondent as per 1st para of Clause 10 7 WA No.278 of 2024 2025:KER:82669 of Annexure A1 will be (980 + 24,580) 25,560, which is much less than the minimum of the higher pay band of Associate Professor (37,400--67,000). Hence, the pay of the 1st respondent was fixed at 37,400/-. From this, it is evident that 3 Ph.D non-compounded increments were taken into account while fixing the pay of respondents 1 and 2 in the higher scale. Hence, the Government has already sanctioned 3 non-compounded increments to the 1st respondent in the light of Ext. P1 and pay was fixed as such, and the pay for the Associate Professor, as per the 6th Pay Revision, was fixed as per the above-mentioned pay fixation. It is further submitted by the learned Senior Government Pleader that UGC regulation or any other Government Orders do not permit to grant of the benefit of already given 3 non-compounded increments again when a teacher moves to the post of Associate Professor. The basic pay of the 2nd respondent in the post of Associate Professor was Rs.33,140/- (Rs.25,140 + 8,000/-). 3% of the basic pay, rounded off to the next multiple of 10 of the 2nd respondent is Rs.1,000/-. Hence, the pay as per 1st para of Clause 10 of Annexure A1 of the 2nd respondent will be (Rs.1,000/- + 8 WA No.278 of 2024 2025:KER:82669 Rs.25,140/-) Rs.26,140/-, which is much lesser than the minimum of the higher pay band of Associate Professor. Hence, in compliance with Clause 10, the 2nd respondent was also granted pay in the band higher post of Associate Professor as Rs.37,400/- In Clause 10 of Annexure A1 it is specifically stated that fixing the pay on placement if it is found that after adding the increments less than minimum of higher pay band to which promotion/placement is granted the pay in the pay band is to be stepped to the minimum pay of the promotion post and in that case there will be no further additional increment on fixing the pay in the minimum scale of promotion post. Hence, there is no provision to grant additional 3 more increments when a teacher is promoted or placed in the post of Associate Professor. The above facts were not taken into account by the learned Single Judge while allowing the writ petition.

8. On the other hand, the learned counsel for respondents 1 and 2 reiterated their stand in the writ petition and supported the impugned judgment.

9. We have perused the pleadings and materials on record 9 WA No.278 of 2024 2025:KER:82669 in the instant case, in the light of the order dated 08.10.2025 passed by this Court in R.P.No.1163 of 2025. Paragraphs 10 to 15 and the last paragraph of the said order read thus:

"10. It is relevant to note Clause 10 of Annexure A1 for a better understanding of the Government Order as to the fixation of pay, when a person moves from one academic grade pay to another in the revised pay structure by promotion, which reads as under:

"10. Fixation of pay on placement/promotion on or after 1.1.2006: In case of placement/promotion from one academic grade pay to another in the revised pay structure, the fixation will be done as follows.

One increment equal to 3% of the sum of the pay in the pay band and the existing academic grade pay will be computed and rounded off to the next multiple of 10. This will be added to the existing pay in the pay band. The academic grade pay corresponding to the promotion post will thereafter be granted in addition to this pay in the pay band. In cases where promotion involves change in the pay band also the same methodology will be followed. However, if the pay in the pay band after adding the increment is less than the minimum of the higher pay band to which promotion is taking place, the pay in the pay band will be stepped to such minimum. In view of the considerable raise in effective pay between the two pay bands, there shall be no additional increment on movement from the pay band 3 to pay band 4".

11. Ext.P1 was issued by the Government in terms of the 10 WA No.278 of 2024 2025:KER:82669 UGC Regulations 2010. Regulation 10.4 of the UGC Regulations reads thus:

"10.4. The number of additional increment(s) on placemen at each higher stage of AGP shall be as per the existing Schemes/Regulations of increment on promotion from lower pay scale to higher pay scale; however, in view of the considerable raise in effective pay between the two pay bands, there shall be no additional increment on movement from the pay band of Rs.15,600 - Rs.39,100 to the pay band of Rs.37,400 - Rs.67,000".

12. The pay of the 1st respondent at the time of his placement as Associate Professor with effect from 06.06.2008 was Rs.24580/- + AGP 8,000/-. As per Clause 10 of Annexure A1, one increment is equal to 3% of the sum of the pay in the pay band and the existing academic grade pay, and it should be rounded to next multiple of 100. 3% of Rs.32580/- ie, Rs.24580 + Rs.8000 will come to Rs.977/-. So when calculating the pay as stated in Clause 10 of Annexure A1, the pay of the 1st respondent will be Rs.24580/- + AGP 8000 + Rs.977/-, which will come to Rs.25,557/-. The pay of the 1st respondent was fixed at Rs.24,580/- by adding two advance increments while in the pay scale of Rs.15,600-39,100 + AGP 8000 as an Assistant Professor. Therefore, the pay @ Rs.24580 + AGP 8000 included two advance increments already added. The pay band of the Associate Professor, while the 1st respondent was promoted as Associate Professor was Rs.37,400 - 67,000. Even applying the formula, since the pay band of 11 WA No.278 of 2024 2025:KER:82669 Associate Professor is much higher than that of the Assistant Professor, the 1st respondent was granted a minimum higher pay band of Associate Professor, that is Rs.37,400/- + AGP 9000. As stated in Regulation 10.4 of UGC Regulations 2010, further additional increments cannot be granted to the 1st respondent while moving from pay band 3 to pay band 4 in view of considerable raise in effective pay between the two pay bands.

13. While passing the judgment in the writ appeal, these materials, now produced as Annexure A1 and Regulation 10.4 of UGC Regulations 2010, were not before this Court. In the pleadings, the 1st respondent relied on Ext.P1 Government Order dated 27.03.2010. But as stated above, the 1st respondent did not produce Appendix I of Ext.P1 in the writ petition, which is now produced by the petitioners as Annexure A1. The non-production of Appendix I along with Ext.P1, which is an inseparable part of that document, by the 1st respondent can only be said as suppression of a material fact. The judgment in the writ appeal was happened to be passed in favour of the 1st respondent only for the reason of non-production of Appendix I of Ext.P1, which ought to have been produced by the 1st respondent.

14. In the judgment dated 29.07.2025 in the writ appeal, this Court referred Ext.P7 judgment dated 09.03.2012 in W.P.(C)No.25962 of 2012, Ext.P8 judgment dated 28.08.2014 in W.A.No.1888 of 2012, and the judgment dated 21.02.2018 in W.A. No.1653 of 2017. But while going through Exts P7 and P8 judgments, we notice that the 12 WA No.278 of 2024 2025:KER:82669 Single Bench of this Court, as well as the Division Bench did not consider Annexure A1 or Regulation 10.4 of the UGC regulations 2010, while passing those judgments. Similarly, in W.A.No.1653 of 2017, Regulation 9.10 of the UGC regulations 2010 was referred to by the Division Bench of this Court, and not Regulation 10.4, which we have extracted in the preceding paragraph. In such circumstances, Exts.P7 and P8 judgments as well as the judgment in W.A.No.1653 of 2017 are not applicable to the facts of the instant case.

15. The upshot of the above discussion is that the judgment dated 29.07.2025 passed by this Court in W.A. No.1689 of 2018 is to be reviewed and recalled, as it was happened to be passed without noting the relevant Regulation and the Government Order governing the field. The review petitioners/appellants have made out sufficient ground to allow the writ appeal by setting aside the impugned judgment therein.

In the result, the review petition is allowed, and the judgment dated 29.07.2025 in W.A.No.1689 of 2018 is reviewed and recalled. The writ appeal is allowed by setting aside the impugned judgment dated 05.12.2017 in W.P.(C)No. 27269 of 2015, and the writ petition stands dismissed.

10. Viewed in the light of the order dated 08.10.2025 in R.P.No.1163 of 2025, which is extracted above, it is clear that the issue involved in the present case is covered against respondents 13 WA No.278 of 2024 2025:KER:82669 1 and 2-writ petitioners. In such circumstances, the impugned judgment of the learned Single Judge is liable to be set aside.

In the result, the writ appeal is allowed by setting aside the impugned judgment dated 26.09.2023, passed by the learned Single Judge in W.P.(C)No.8 of 2023, and the writ petition stands dismissed.

Sd/-

ANIL K.NARENDRAN, JUDGE Sd/-

sks                             MURALEE KRISHNA S., JUDGE
                                  14
 WA No.278 of 2024                                  2025:KER:82669

                       APPENDIX OF WA 278/2024

PETITIONER ANNEXURES

Annexure A1            ANNEXURE A1: TRUE COPY OF APPENDIX    1   OF
                       G.O.(P)NO.58/2010 DATED 27.01.2010.

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