Kerala High Court
Dr.K.P.Manoj vs The Director Of Collegiate Education on 26 September, 1994
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 21ST DAY OF DECEMBER 2016/30TH AGRAHAYANA, 1938
WP(C).No. 1226 of 2009 (U)
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PETITIONER:
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DR.K.P.MANOJ
ASSISTANT DIRECTOR OF PHYSICAL EDUCATION,
UNIVERSITY OF CALICUT,
MALAPPURAM DISTRICT - 685 635.
BY SMT.V.P.SEEMANTHINI(SENIOR ADVOCATE)
ADVS.SMT.S.KARTHIKA
SRI.M.S.UNNIKRISHNAN
SMT.K.P.GEETHA MANI
SRI.M.R.ANISON
SRI.P.S.ABHISHEK
SMT.KAVYA P.PRASAD
SRI.P.N.APPUKUTTAN
RESPONDENT(S):
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1. THE DIRECTOR OF COLLEGIATE EDUCATION,
DIRECTORATE OF COLLEGIATE EDUCATION,
THIRUVANANTHAPURAM - 695 034.
2. THE DEPUTY DIRECTOR OF COLLEGIATE
EDUCATION, OFFICE OF THE DEPUTY
DIRECTOR OF COLLEGIATE EDUCATION,
MAHARAJA'S COLLEGE, ERNAKULAM - 682 035.
3. UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY. P.O,
MALAPPURAM, REP. BY ITS REGISTRAR - 673 635.
4. THE PRINCIPAL, S.N. COLLEGE,
CHERTHALA, ALAPPUZHA - 688 524.
R1 & R2 BY GOVERNMENT PLEADER SMT.RAJI T.BHASKAR
R3 BY ADV. SRI.P.C.SASIDHARAN, SC
BY ADV. SRI.SANTHOSH MATHEW,SC
R4 BY ADV. SRI.A.N.RAJAN BABU, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21-12-2016 ALONG WITH WPC.35112/2014, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
mbr/
WP(C).No. 1226 of 2009 (U)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXT.P1. TRUE COPY OF THE APPOINTMENT ORDER DATED 26.9.1994.
EXT.P2. TRUE COPY OF THE ORDER DATED 27.9.1995 ISSUED BY THE
UNIVERSITY OF KERALA.
EXT.P3. TRUE COPY OF THE ORDER DATED 19/10/2006 ISSUED BY THE
UNIVERSITY OF KERALA.
EXT.P4. TRUE COPY OF THE PH.D CERTIFICATE DATED 24.1.1996.
EXT.P5. TRUE COPY OF THE G.O.(P)NO.452/06/FIN DATED 6.11.2006.
EXT.P6. TRUE COPY OF THE REPRESENTATION DATED 13.6.2008 BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P7. TRUE COPY OF THE REPRESENTATION DATED 21.8.2008 BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P7A. TRUE COPY OF THE LETTER DATED 31.3.2014 ISSUED BY THE
DEPUTY REGISTRAR, UNIVERSITY OF CALICUT.
EXT.P8. TRUE COPY OF THE REGULATION ISSUED BY THE UNIVERSITY
DATED 5.7.2002.
EXT.P9. TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER
DATED 17.6.2008.
EXT.P10. TRUE COPY OF THE REJECTION LETTER DATED 8.9.2008
ISSUED BY THE 2ND RESPONDENT.
EXT.P11. TRUE COPY OF THE STATEMENT SHOWING A BRIEF DESCRIPTION
OF THE DUTIES PERFORMED BY THE PETITIONER IN THE
CALICUT UNIVERSITY AND OTHER UNIVERSITIES.
EXT.P12. TRUE COPY OF THE NOTIFICATION NO.CDC/C2/4097/07/PHY.
EDN. DATED 26.11.2007 ISSUED BY THE CALICUT
UNIVERSITY.
EXT.P13. TRUE COPY OF THE NOTIFICATION NO.CDC/C2/6710/08/PHY.
EDN. DATED 26.5.2009 ISSUED BY THE CALICUT
UNIVERSITY.
EXT.P14. TRUE COPY OF THE NOTIFICATION NO.CDC/C2/128/09/PHY.
EDN. DATED 3.7.2009 ISSUED BY THE CALICUT
UNIVERSITY.
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WP(C).No. 1226 of 2009 (U)
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EXT.P15. TRUE COPY OF THE NOTIFICATION NO.CDC/C2/1321/09/PHY.
EDN. DATED 17.9.2009 ISSUED BY THE CALICUT
UNIVERSITY.
EXT.P16. TRUE COPY OF THE NOTIFICATION NO.CDC/C2/1285/2011/PHY.
EDN. DATED 28.3.2012 ISSUED BY THE CALICUT
UNIVERSITY.
EXT.P17. TRUE COPY OF THE GOVT. ORDER NO.8821/C3/08/EDN.
DATED 26.4.2008.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.S. TO JUDGE
mbr/
ANU SIVARAMAN, J.
= = = = = = = = = = = = = = =
W.P.(C).No.1226 of 2009
&
35112 of 2014
= = = = = = = = = = = = = = =
Dated this the 21st day of December, 2016
JUDGMENT
1.The issue which arises for consideration in these writ petitions is as to whether the petitioner is eligible to count the period of service put in by him as Lecturer in an aided college from 05.10.1994 onwards towards Career Advancement Scheme in the post of Assistant Director in the respondent-University.
2.In W.P.(C).No.1226 of 2009, the petitioner challenges Exhibit P7(a) order of the Deputy Registrar, University of Calicut and Exhibit P10 order of the Director of Collegiate Education rejecting the claim of the petitioner for reckoning the prior service on the ground that he would be entitled to advance increments only on the date when he moves to Selection Grade and since the petitioner had not been granted the Selection Grade while he was in service, he would not be entitled to the advance increments. The question regarding the counting of prior service rendered by the petitioner as Lecturer in an WPC.1226/09 &35112/14 2 aided college towards career advancement in the post of Assistant Director in the University to which he was posted on 11.08.2000 has not been considered by the respondents.
3.In W.P.(C).No.35112 of 2014, the petitioner seeks direction to the respondents to confer the career advancement benefits and orders granting promotions to non-cadre posts treating him as a person belonging to the teaching staff as also for payment of salary for the periods the same was illegally denied. The petitioner contends that the University has themselves amended the ordinances taking the post of Assistant Director to which the petitioner was appointed, out of the schedule of non-teaching posts and included it in the schedule of teaching posts. In the above circumstances, it is contended that the benefits cannot be denied to the petitioner on the ground that the petitioner does not hold a teaching post in the University.
4.Heard the learned Senior Counsel for the petitioner, the learned standing counsel appearing for the University and the learned Government Pleader.
WPC.1226/09 &35112/14 3
5.The learned Senior Counsel for the petitioner relies on the decisions of this Court in W.A.No.96 of 2013 and W.P.(C). No.951 of 2008 as well as W.A.No.1126 of 2014 to contend that the post held by the petitioner is a teaching post. The learned Senior Counsel also relies on the provisions of the UGC Regulations, especially Clause 10 thereto to contend that previous regular service as Assistant Professor, Associate Professor or Professor or equivalent in a University, College etc. should be counted for direct recruitment and promotion under Career Advancement Scheme of a teacher as Assistant Professor, Associate Professor or Professor or any other nomenclature, these posts are described as per Appendix III- Table No.II, subject to the conditions prescribed under the Clause. It is submitted by the learned counsel for the petitioner that the petitioner has all the requisite qualifications and is covered by all the conditions contained in Clause 10 and therefore his service as Lecturer in an aided college from 05.10.1994 is liable to be counted towards Career Advancement Scheme.
WPC.1226/09 &35112/14 4
6.Counter affidavits have been filed by the University as well as the Government. The contentions raised in the counter affidavit are that the post held by the petitioner is not a teaching post and that there is no provision for treating service benefits like placement obtained while working in affiliated colleges towards Career Advancement Scheme on being appointed in a non-teaching post. The 2nd respondent has also placed on record a counter affidavit contending as follows:-
"It is submitted that in Exhibit P5 University Regulation Clause 5(3) says 'A Lecturer with Ph.D will be eligible for two advance increment when she/he moves in to selection grade/readers.' It is further submitted that Para 6.18 in G.O.(P) No.171/99/H.Edn dated 21.12.1999 specifies that a Lecturer with Ph.D will be eligible for two advance increment when she/he moves in to selection grade/reader."
7.It is further stated that in view of Clause 7(1) of G.O.(P) No.171/99/H.Edn dated 21.12.1999, the question of granting placement and advance increment by considering previous service is the subject matter of his present employer, ie. the University of Calicut.
WPC.1226/09 &35112/14 5
8.I have considered the contentions advanced. The short question which is to be decided in these cases is as to whether the post held by the petitioner is appointed w.e.f. 11.08.2000 are teaching posts in the University. In case the post is a teaching post, it is clear from the UGC Regulations as well as the Government Orders produced in these cases that the petitioner would be entitled to counting of the prior service put in by him from 05.10.1994 as Lecturer in a private college for the purpose of placement in appropriate scale and grades in the Career Advancement Scheme.
9.In W.P.(C).No.35112 of 2014, the petitioner has produced Exhibits P10 and P11, which are amendments effected to the Calicut University First Ordinances, 1978. These amendments have been approved by the Senate at its meeting held on 10.02.2012 and assented to by the Chancellor on 10.10.2013. The post of Director of Physical Education, Deputy Director of Physical Education and Assistant Director of Physical Education had been deleted from the head 'Schedule of Non- teaching Service' under Ordinance 3 Chapter XV of Calicut WPC.1226/09 &35112/14 6 University First Ordinance, 1978. Such posts had also been included in the Schedule of teaching posts. In the above view of the matter, it is clear that the University itself has recognised that the post held by the petitioner is a teaching post and has effected necessary amendments to the First Ordinances to this effect. The contention raised by the University that the post held is not a teaching post and therefore the claims of the petitioner cannot be considered in accordance with the Career Advancement Scheme cannot survive the amendment to the First Ordinances. According to the University itself, at least from the date of effect of the amendment of the Ordinances the post held is indeed a teaching post. Therefore, the claim raised by the petitioner for reckoning the period from 05.10.1994, when he was working as Lecturer in an aided college, for Career Advancement has to be allowed in view of the binding provisions of the UGC Regulations as well as the Government Orders on this subject.
10.I am, therefore, of the view that the orders rejecting the representations made by the petitioner in this regard are not sustainable. The impugned orders are, therefore, set aside. It WPC.1226/09 &35112/14 7 is directed that the prior service rendered by the petitioner as Lecturer in an aided college shall be taken into account for grant of Selection Grade in the post of Assistant Director of Physical Education to which the petitioner was appointed on 11.08.2000. The petitioner will also be entitled to advance increment on account of his acquiring Ph.D qualification in 1996 and to all consequential benefits, including any salary , which he has been denied on the ground that the post held by him is not a teaching post.
These writ petitions are ordered accordingly.
sd/-
Anu Sivaraman, Judge sj