Kerala High Court
Dr.Leni V vs Principal on 6 March, 2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 5TH DAY OF DECEMBER 2017/14TH AGRAHAYANA, 1939
WP(C).No. 27269 of 2015 (G)
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PETITIONER:
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DR.LENI V, ASSOCIATE PROFESSOR,
DEPARTMENT OF ECONOMICS,
ST.GREGORIOUS COLLEGE, KOTTARAKKARA,
RESIDING AT V.M HOUSE, CHENGAMANADU P.O.,
KOTTARAKKARA, KOLLAM - 691 557.
BY ADV. SRI.S.MUHAMMED HANEEFF
RESPONDENTS:
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1. PRINCIPAL, ST.GREGORIOUS COLLEGE,
KOTTARAKKARA - 691 557.
2. UNIVERSITY OF KERALA,
REP. BY ITS REGISTRAR, UNIVERSITY CAMPUS,
THIRUVANANTHAPURAM - 695 034.
3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
KOLLAM - 691 001.
4. STATE OF KERALA, REP. BY ITS
SECRETARY TO THE GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
R1 BY ADV. SRI.V.PHILIP MATHEW
R2 BY SRI.THOMAS ABRAHAM, SC
BY SRI.BECHU KURIAN THOMAS, SC
R3 & R4 BY SENIOR GOVT. PLEADER SMT.MARY BEENA JOSEPH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05-12-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(C).No. 27269 of 2015 (G)
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APPENDIX
PETITIONERS' EXHIBITS:
P1 - A TRUE COPY OF THE RELEVANT EXTRACT OF
GO(P) NO. 58/2010/H.EDN DT. 27.3.2010.
P2 - A TRUE COPY OF THE GO(MS) NO. 597/2013/H.EDN
DT. 03.09.2013.
P3 - A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DT. 24.10.2014.
P4 - A TRUE COPY OF THE LETTER NO. D4/12084/14
DT. 23/12/2014 ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER.
P5 - A TRUE COPY OF THE ORDER NO. D4/12084/14 DT. 16.4.2015
ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
P6 - A TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT DT. 21.5.2015.
P7 - A TRUE COPY OF THE JUDGMENT DT. 09.3.2012 IN
WPC NO.25962/2012 OF THIS HON'BLE COURT.
P8 - A TRUE COPY OF THE JUDGMENT IN WA NO.1888/2012 OF THE
DIVISION BENCH OF THIS HON'BLE COURT.
RESPONDENTS' EXHIBITS & ANNEXURE:
ANNEXURE R3A: COPY OF THE LETTER ISSUED BY THE DIRECTOR OF
COLLEGIATE EDUCATION DATED 6.3.2013.
ANNEXURE R3B: PHOTOCOPY OF THE UNDERTAKING SUBMITTED BY THE
PETITIONER.
//TRUE COPY//
P.S. TO JUDGE
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P.V.ASHA, J.
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W.P(C) No.27269 of 2015-G
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Dated this the 5th day of December, 2017
JUDGMENT
The petitioner, who is an Associate Professor with Ph.D, is aggrieved by the refusal to fix his pay restoring the advance increment which was granted to him on acquisition of Ph.D.
2. The petitioner was initially appointed as a Lecturer in an Aided College w.e.f 6.6.1994. He was placed as Senior Scale Lecturer and thereafter as Selection Grade Lecturer w.e.f 6.6.2000 and 6.6.2005 respectively. She acquired Ph.D on 17.3.2007. The post was re-designated as Assistant Professor and he was placed as Associate Professor w.e.f 6.6.2008. On acquisition of Ph.D, 2 advance increments were sanctioned to him and his pay was fixed w.e.f 17.3.2007 raising his pay from Rs.23,230/- with AGP 8000 to Rs.24,070/- with AGP 8000. However, those benefits were withdrawn when he was placed as Associate Professor w.e.f 6.6.08. His placement as Associate Professor was in tune with Ext.P1 order dt.27.3.2010 when Government implemented the 6th UGC Scheme. Ext.P1 order was clarified later as per Ext.P2 order in which it was ordered that the W.P(C) No.27269 of 2015-G 2 benefit of non compounded increments at the revised rate as provided in Ext.P1 order would be admissible only w.e.f 1.9.2008, even though the 6th UGC Pay Revision had taken effect from 1.1.2006 as the revised rate of allowance such as non compounded advance increment was made effective only from 1.9.08. Seeing that the benefit of advance increments was withdrawn on his placement as Associate Professor, the petitioner submitted Ext.P3 representation requesting to restore the benefit to him. Thereupon, the 3rd respondent as per Ext.P5 letter informed him that his pay was revised to Rs.38,800 plus AGP 9000 with next increment on normal date. However, Ext.P5 letter was issued informing him that he was not eligible for revised advance increment w.e.f 1.9.08 in view of the clarification received from the Directorate of Collegiate. The 3rd respondent therefore withdrew the advanced increment sanctioned to him in the pay band of Rs.37400-67000 plus AGP 9000 saying that he is eligible for 2 advance increments for acquiring Ph.D w.e.f 17.3.07 and for a pay of Rs.24070 plus AGP 8000 in the pay band of Rs.15600-39100 plus AGP 8000 with next increment on normal date. The petitioner has filed this writ petition in the above circumstances and claims the benefit of Ext.P7 judgment of this Court dt.9.3.2012 in W.P.(C) No.25962 of 2008. In that case this Court had held W.P(C) No.27269 of 2015-G 3 that the denial of benefit of the advance increments granted to the petitioner cannot be denied when he moves to the selection grade and directions were issued to revise the proceedings sanctioning the due benefits by retaining the advance increments granted to her on acquisition of Ph.D. The said judgment was affirmed in Ext.P8 judgment of the Division Bench in W.A.No.1880 of 2012.
3. The 3rd respondent has filed a statement saying that as per Ext.P2 order issued on 03.09.2013, a teacher who acquired Ph.D between 1.1.2006 and 31.8.2008 would be eligible for 2 non compounded advance increments in the revised scale of pay at the pre-revised rate of increment from the date of acquisition of Ph.D till 31.8.2008 and at the revised rate of increment w.e.f 01.09.08. The Director of Collegiate Education in Ext.R3
(a) letter dated 06.03.2013 clarified that after granting 2 advance increments in the revised scale at the pre-revised rate w.e.f 1.1.2006 for those who acquired Ph.D, a further 2 advance increments from 1.9.08 would result in financial augmentation if the same teacher is appointed as Associate Professor on a higher scale before 01.09.2008. Therefore, it was stated that the advance increment granted in the revised rate to the petitioner w.e.f 01.09.2008 could not have been allowed on placement of the petitioner as W.P(C) No.27269 of 2015-G 4 Associate Professor w.e.f 6.6.08. It is further stated that the petitioner had already submitted an undertaking saying that he was ready to refund the excess payment in case the fixation of pay was found incorrect.
4. The question regarding fixation of pay and denial of advance increment on placement as Associate Professor/Selection Grade Lecturer, has already been considered by this Court in Ext.P7 judgment dated 09.03.2012 in W.P.(C) No. 25962 of 2012, and was affirmed in Ext.P8 judgment. I have also considered the very same issue in the judgment in W.P(c).No.31777 of 2015, where the petitioner had acquired Ph.D before placement as selection grade Lecturer and it was found that the denial of benefit of advance increment when she moved to Selection grade cannot be accepted as it would result in an Associate Professor, who is junior to her but who got Ph.D subsequent to her, would be granted non compounded advance increment at revised rate on account of which she will have to draw lesser pay than the junior. In that case the respondents were directed to refix her pay on her placement as Associate Professor, as the very purpose and intent of the grant of incentive will be defeated in case the same is withdrawn. The principles laid down in Ext.P7 judgment as well as the judgment in W.P(c).No.31777/2015 and the judgment dt.13.10.2017 in W.P W.P(C) No.27269 of 2015-G 5
(c).No.23409/2016 would also be applicable in the present case. In the judgment in W.P.(C).No.23409/16, Ph.D was acquired by the petitioner therein on 10.10.2006 and he was re-designated as Associate Professor w.e.f 15.8.2008. Though the advance increments were denied to the petitioner saying that the Ph.D awarded to him on 10.10.2006 was not in accordance with the procedure prescribed as per 2009 Regulations, it was held that the case of the petitioner was governed by the provisions contained in clause 10.4 of Ext.P1 order seeing that the denial of the benefit on the ground of earlier acquisition of Ph.D would be discriminatory. It was also held therein that the denial of non compounded increments to the petitioner on par with those who acquired Ph.D subsequent to 01.09.2008 is illegal and directions were issued to the respondents to sanction the non compounded increments in tune with clause 10.4 of Ext.P1 order. In this case, the petitioner was already granted the benefit in Ext.P4. But it was withdrawn by Ext.P5, unlawfully.
In the above circumstances, the refixation of the pay of the petitioner ordered in Ext.P5 is illegal. Ext.P5 shall therefore stand set aside. There shall be a direction to the respondents to restore the pay as in Ext.P4 and to grant all consequential benefits to the petitioner on the basis of Ext.P4. The W.P(C) No.27269 of 2015-G 6 consequential benefits shall be released to the petitioner 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/