Kerala High Court
Dr. Philipose Omman vs Deputy Director Of Collegiate ... on 21 December, 1999
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 13TH DAY OF OCTOBER 2017/21ST ASWINA, 1939
WP(C).No. 23409 of 2016 (A)
----------------------------
PETITIONER(S):
-------------
DR. PHILIPOSE OMMAN,
ASSOCIATE PROFESSOR,
DEPARTMENT OF BOTANY,
CATHOLICATE COLLEGE,
PATHANAMTHITTA,
HANIEL HOUSE,
ANCHAKKALA JUNCTION,
NANNUVAKADU,
PATHANAMTHITTA 689 645.
BY ADV. SRI.S.MUHAMMED HANEEFF
RESPONDENT(S):
--------------
1. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
KOTTAYAM.
2. DIRECTOR OF COLLEGIATE EDUCATION,
THIRUVANANTHAPURAM.
3. STATE OF KERALA,
REPRESENTED BY ITS ADDITIONAL
CHIEF SECRETARY TO THE GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695001.
BY SR. GOVERNMENT PLEADER SMT.MARY BEENA JOSEPH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 23409 of 2016 (A)
----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
EXHIBIT P1. COPY OF THE RELEVANT EXTRACT OF G.O(P)
NO.171/99/H.EDN DATED 21.12.1999.
EXHIBIT P2. COPY OF THE RELEVANT EXTRACT OF G.O(P)
NO.58/2010/H.EDN DATED 27.3.2010.
EXHIBIT P3. COPY OF THE G.O(MS)NO.597/2013/H.EDN DATED 3.9.13.
EXHIBIT P4. COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE IST RESPONDENT DATED
25.10.10.
EXHIBIT P5. COPY OF THE COMMUNICATION NO.C1-7741/2010 DATED
2/2012 ISSUED BY THE IST RESPONDENT.
RESPONDENT(S)' EXHIBITS
-----------------------
NIL
TRUE COPY
P.S. TO JUDGE
EL
P.V.ASHA, J.
W.P.(C) Nos. 23409 of 2016
Dated this the 13th day of October, 2017
JUDGMENT
The petitioner commenced his service as Lecturer in Botany in an aided College on 14.8.1995. He was placed as Senior Lecturer with effect from 15.8.2000 and thereafter as Selection Grade Lecturer with effect from 15.8.2005. He acquired M.Phil Degree and thereafter Ph.D on 10.10.2006. The post held by him was re designated as Associate Professor with effect from 15.8.2008.
2. The Government of Kerala implemented 6th UGC Scheme as per Ext.P2 order issued on 27.03.2010 revising the scale of pay of teaching posts with effect from 01.01.2006. As per clause 10.4 of this order teachers who complete Ph.D degree while in service are entitled to three non-compounded increments if such Ph.D. is in the relevant discipline and has been awarded by a University complying with the process prescribed by the UGC for enrolment, course-work and evaluation etc. As per Ext.P2 order, the revision of pay was to be effective from 01.01.2006 and the revision in rates of allowances, increments etc. were to be effective from 01.09.2008.
3. By Ext.P3 order-GO(Ms) No.597/2013/H.Edn dated 3.9.2013 W.P.(C) No.23409/16 :2: Government clarified that the advance increments for Ph.D/M.Phil at the revised rates shall take effect from 01.09.2008. As per clause (ii) of this order, it was provided that those who have already availed the benefit of advance increments under the earlier scheme for possessing Ph.D or M.Phil at the entry level or for acquiring it while in service, shall not be entitled to the benefits of advance increments under the 6th UGC scheme, except as provided in that order. In the case of those who acquired Ph.D between 01.01.2006 and 31.08.2008 while in service, it was provided that they would be eligible for two non- compounded advance increments in the revised scale of pay at the pre-revised rate of increment from the date of their acquiring Ph.D till 31.08.2008 and at the revised rate from 01.09.2008. Condition no. 1 provided that those who acquired Ph.D while in service between 01.01.2006 and 31.08.2008 shall be eligible for two non compounded advance increments in the revised scale of pay at the pre-revised rate of increment from the date of their acquiring Ph.D till 31.08.2008 and at revised rates of increment from 01.09.2008.
4. Petitioner submitted a representation Ext.P4 requesting for 3 non-compounded advance increments with effect from 01.09.2008. The first respondent returned the proposal as per Ext.P4 letter saying that further clarifications are required in the matter. The writ petition W.P.(C) No.23409/16 :3: was filed at that stage seeking a direction to the respondents to grant him three non-compounded advance increments with effect from 01.09.2008 in tune with clause 10.4 of Ext.P2 G.O and to grant him all consequential benefits.
5. In the counter affidavit it is stated that Ph.D acquired by the petitioner in 2006 is not one as provided in clause 10.4, which provides that Ph.D shall be awarded after complying with the process prescribed by the UGC for enrolment, coursework, evaluation, etc. It further states that as per Ext.P3, advance increments admissible upto 30.09.2008 is at pre-revised rates and thereafter at revised rate. Petitioner is entitled to only two advance increments.
6. Petitioner relies on the judgment dated 13.01.2015 in W.P.(C) No.17587 of 2014, in which this court directed that the petitioners therein who acquired Ph. D, while in service on various dates between 1998 and 2010, are entitled to five advance increments, in tune with Regulation 9.1 of UGC Regulations.
7. Heard the learned Counsel for the petitioner and the learned Government Pleader.
8. The petitioner who acquired Ph.D on 10.10.2006 is denied advance increments on the ground that Ph.D acquired by him is not after undergoing course work and evaluation. The procedure of W.P.(C) No.23409/16 :4: undergoing coursework, evaluation etc were introduced and insisted only from the year 2009 onwards. Petitioner who was awarded Ph.D in the year 2006 cannot be expected to have enrolled for or evaluated for award of Ph.D under a scheme which was introduced in 2009 and on that ground he cannot be denied the incentives available to those who acquired Ph.D, while in service. As per the orders issued in tune with the 5th UGC pay revision, in G.O.(P) No.171/99/H.Edn dated 21.12.1999, clause 6.19 provided for granting of two advance increment as and when a teacher acquires Ph.D while in service. When orders were issued consequent to 6th UGC pay revision as per Ext.P2 order on 27.03.2010, clause 10.4 provided as follows:
" Teachers who complete their Ph.D degree while in service shall be entitled to three non-compounded increments if such Ph.D is in the relevant discipline and has been awarded by a university complying with the process prescribed by the UGC for enrolment, course work and evaluation, etc."
9. Ext.P3 order was issued thereafter clarifying that the revised rate of increments shall be admissible only from 01.09.2008. At the same time it provides that those who have enjoyed the benefit under the 5th UGC revision shall not be entitled to benefits under the 6th UGC scheme. Petitioner did not get the benefit under the 5th UGC scheme. He acquired Ph.D within the period covered by the 6th UGC scheme. Clause (iv) of Ext.P3 order provides for the conditions under which the W.P.(C) No.23409/16 :5: incentives for acquiring Ph.D are admissible, for those who acquired Ph.D otherwise than under the provisions of UGC Regulations 2009. Condition no.1 provides that teachers who acquired Ph.D between 01.01.2006 and 31.08.2008, while in service, are eligible for 2 non- compounded advance increments in the revised scale of pay at the pre-revised rates upto 31.08.2008 and at the revised rates thereafter. Therefore the denial of at least two non-compounded increments to petitioner in terms of condition no.1 of clause (iv) of Ext.P3, on the ground that he did not undergo course work or evaluation for awarding Ph.D is absolutely arbitrary, unreasonable and without application of mind.
10. The claim of the petitioner is for three non-compounded increments, as provided in clause 10.4 of Ext.P2. Condition no. 4 of clause (iv) of Ext.P3 provides as follows:
"4.Teachers who acquired Ph.D while in service between 01.09.2008 and those who have registered with Ph.D before 18.09.2010 and acquired the degree subsequently while in service shall be eligible for three non-compounded advance increments in the revised scale of pay at the revised rate of increment from the date of acquiring Ph.D regardless of whether their Ph.D complies with revised UGC Regulations 2009 for the award of Ph. D."
11. The denial of 3 non-compounded advance increments to those who acquired Ph.D prior to 01.09.2008 while granting the same to those who acquired Ph.D subsequent to 01.09.2008 cannot be legal or proper. Classification of those who acquired Ph.D while in service on W.P.(C) No.23409/16 :6: the basis of date of acquisition of Ph.D for the purpose of grant of non-compounded advance increments is without any justifiable reason or basis. The acquisition of Ph.D on an earlier date cannot be a reason for subjecting a teacher to a disadvantage and disparity. A teacher who acquires Ph.D while in service is entitled to get equal treatment as in the case of others who acquired Ph.D subsequent to her also.
12. There will be an arbitrary and unscientific classification of teachers on the basis of date of acquisition of Ph.D for the purpose of granting incentives. Teachers like petitioners are subjected to a differential treatment , for acquiring Ph. D on an earlier date. On the other hand the juniors as well as those who acquired Ph.D subsequent to 01.09.2008, are able to enjoy more increments merely on the ground of later acquisition of Ph.D. Teachers senior to petitioner would also get the benefit in case the date of acquisition is subsequent to 01.09.2008 with an added incentive for the late acquiring of Ph.D. Such a classification on the basis of date of acquisition of Ph.D will defeat the very purpose for which the incentives are introduced. Once it is decided to grant incentive to those who acquired Ph.D while in service that benefit has to be granted uniformly, without subjecting the teachers to any disparity on the basis of date of acquisition. At any rate an earlier date of acquisition cannot put the teachers to W.P.(C) No.23409/16 :7: disadvantage.
13. In the above circumstances, the denial of non-compounded advance increments to the petitioner on par with those who acquired Ph.D subsequent to 01.09.2008 is illegal and arbitrary. It is declared that petitioner is entitled to non-compounded advance increments on par with those acquired Ph.D subsequent to 01.09.2008.
There shall be a direction to the respondents to sanction three non-compounded advance increments to petitioner in tune with clause 10.4 of Ext.P2, on par with those who acquired Ph.D subsequent to 01.09.2008 in revised scale of pay at pre-revised rates upto 31.08.2008 and at revised rates from 01.09.2008, and to re-fix his pay accordingly and to grant him all consequential benefits within a period of 3 months from the date of receipt of a copy of the judgment.
Sd/-
P.V.ASHA JUDGE rkc