Kerala High Court
Innamma Jose vs State Of Kerala on 2 February, 2021
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
WP(C).No.24782 OF 2019(W)
PETITIONER/S:
INNAMMA JOSE
AGED 80 YEARS
THAYIL HOUSE, PUNNAPRA SOUTH P. O., ALAPPUZHA -
688004.
BY ADV. SHRI.SUNIL JOSE THAYIL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF
HIGHER EDUCATION, GOVERNMENT SECRETARIAT, GOVERNMENT
OF KERALA, THIRUVANANTHAPURAM - 695001.
2 THE DIRECTOR OF TECHNICAL EDUCATION
TECHNICAL EDUCATION DEPARTMENT (DTE), GOVERNMENT OF
KERALA, PADMAVILASAM ROAD, FORT, PADMA NAGAR,
PAZHAVANGADI, THIRUVANANTHAPURAM - 695023.
R1 BY GOVERNMENT PLEADER
OTHER PRESENT:
GP SRI B HARISH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.24782 OF 2019(W)
2
JUDGMENT
Dated this the 2nd day of February 2021 The challenge in the present writ petition is on behalf of the petitioner, wife of Sri.Jose K. Thayil, who retired from service on 30.6.1993 as Non-Cadre First Grade Professor from Carmel Polytechnic, Alappuzha. As per order dated 5.8.2015, Ext.P1.
2. The facts in brief are that her husband Jose K.Thayil became Non Cadre First Grade Professor in Non-Engineering College with effect from 1.5.21991 vide Ext.P2. On introduction of UGC scheme to teaching staff of the Government Colleges and Lecturers in Arts and Science subjects in Government Polytechnics, non cadre promotions of Lecturers available to Aided Polytechnics have ceased to exist. On consideration of the representation, the Government vide order dated 5.8.2015 decided to reinstate non-Cadre promotion to non-engineering Lecturers in aided polytechnic colleges retrospectively from 1.1.1998
3. The grievance of the petitioner in the present writ petition is that the cut off date of 1.1.1998 has been fixed arbitrarily. It is a malacious attempt oust the claim of the petitioner. Representations, Exts.P10 was submitted on 16.1.2019, claiming UGC pension WP(C).No.24782 OF 2019(W) 3 benefits.
4. During the life of her husband, he had earlier submitted request on 11.6.2007 before the respondents to reinstate his abolished Professor Post. However, the same was rejected vide Ext.P9 order dated 18.7.2018 on the premise that it would create additional financial burden to the Government and that her husband was not alive. Aggrieved by the same, petitioner approached this Court seeking indulgence to nullify the date Clause 1 st of January 1998 mentioned in the order GO (MS) NO.521/15/H.Edn. Dated 5.8.2015, to make necessary changes in the order that helps reinstate all non- cadre Professors who were eliminated from their qualified post due to abolition and to recalculate arrears on family pension of the petitioner in accordance with the calculation on revised pension applicable to her husband.
5. Per contra, it was contended that Petitioner's husband Prof.Jose.K.Thayyil, was a faculty in an aided polytechnic College, appointed under non-Engineering stream in the scale of Rs.225-425. In Goverment Polytechnics and government Engineering Colleges, Lecturers teaching non Engineering subjects are deputed from Collegiate Education Department. However, in Aided Polytechnic Colleges, the managements appoint Lecturers with similar qualification enjoying the benefit of non cadre promotion as Professor WP(C).No.24782 OF 2019(W) 4 Grade - II (NC) and Professor Grade-I (NC) respectively. Consequent upon the implementation of the UGC scheme the system of non cadre promotions ceased to exist in Government Polytechnic Colleges. It was submitted that petitioner's husband was getting one rank one pension in accordance with the State Pay scale of Rs.1150-2270. On attaining the qualification of MA as per the said Government Order, he was promoted as non-cadre IInd Grade Professor w.e.f 22.5.1987.
6. Learned Government Pleader submitted it is not possible for the respondent to extend the same benefit provided by the Government as on 1.1.1998 to those personnel, who retired from service before though the respondents have not abolished any post of Lecturers and its non-cadre promotions to Professor post as alleged by the petitioner.
7. I have heard learned Counsel for the parties and appraised the paper books.
8. The facts as noticed above are not in dispute. The relevant portion of the order is extracted herein below :
"Consequent to the introduction of UGC scheme to the teaching staff of Government Colleges and Lecturers in Arts and Science subjects in Government Polytechnics, non cadre promotions of Lecturers available to Aided Polytechnics have ceased to exist. In private Aided Polytechnic Colleges, Lectuerers are of similar qualifications as that of non-engineering faculty of Collegiate Education Department. However, they are denied the WP(C).No.24782 OF 2019(W) 5 non cadre promotion due to the implementation of UGC scheme.
Accordingly a number of representations are received in Government for getting non-cadre promotion to the non- engineering lecturer post in the Aided Polytechnic College also.
Government have examined the matter in detail and are pleased to reinstate the non cadre promotion to the non- engineering Lecturers in Aided Polytechnic Colleges as provided in table below retrospectively from 1.1.1998 and till the date for AICTE scheme shall be placed properly in the AICTE pay scale as per Government order read as 9th paper above."
9. On perusal of the same, it is evident that the benefits, which the Government had given with effect from 1.1.1998. Concededly the husband of the petitioner retired on 30.6.1993. The said benefit cannot be extended to the persons, particularly when husband of the petitioner was enjoying the state scale and was promoted to the non-Cadre Professor Grade-I . Therefore, I do not find any reason to interfere in the matter invoking powers conferred under Article 226 of the Constitution of India. The writ petition is accordingly dismissed.
Sd/ AMIT RAWAL JUDGE Jm/ WP(C).No.24782 OF 2019(W) 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 ATTESTED TRUE COPY OF THE ORDER GO(MS) 521/15/H.EDN. DTD. 5/8/2015, AGAINST WHICH THIS PETITION IS FILED.
EXHIBIT P2 TRUE COPY OF ORDER NO.DP6 25180/91 DT.
9/5/1993 PROMOTING JOSE K.THAYIL AS NON- CADRE FIRST GRADE PROFESSOR.
EXHIBIT P3 TRUE COPY OF ORDER GO (MS) NO.129/81/(296) FIN. DATED 20.2.1981 ON PARITY OF NON CADRE PROFESSORS IN POLYTECHNIC AND ENGINEERING COLLEGES WITH THAT IN ARTS AND SCIENCE COLLEGES.
EXHIBIT P4 TRUE COPY OF ORDER GO(MS) NO.210/2013/H.EDN. DATED 30.5.2013, ON IMPLEMENTING AICTE SCHEMES IN POLYTECHNIC COLLEGES.
EXHIBIT P5 RTI QUESTION AND ITS ANSWER FROM THE RESPONDENTS ADMITTING THE FACT THAT THE LECTURER POST WAS ABOLISHED WITHOUT ANY LEGAL DOCUMENTS.
EXHIBIT P5 (A) ENGLISH TRANSLATION OF EXHIBIT P5 EXHIBIT P6 TRUE COPY OF THE ORDER GO(MS) NO.47/2019/FIN. DTD. 24.1.2019 ON REVISION OF AICTE PAY TO NON-CADRE PROFESSORS OF POLYTECHNIC COLLEGES.
EXHIBIT P7 PETITION FROM PROFESSOR JOSE K.THAYIL TO THE RESPONDENTS EXHIBIT P8 EXTRACT OF NOTE FILE NO.L1/71/2015/H.EDN.
ISSUED BY THE RESPONDENTS EXHIBIT P9 L1/71/2015 H.EDN. DATED 18.7.2018 REJECTION ORDER ISSUED BY THE RESPONDENTS.
EXHIBIT P9 (A) ENGLISH TRANSLATION OF EXHIBIT P9 EXHIBIT P10 PETITION DATED 16.1.2019 OF THE APPLICANT SMT. INNAMMA JOSE THAYIL REQUESTING TO RECONSIDER THE DECISION AGAIN.
WP(C).No.24782 OF 2019(W) 7 EXHIBIT P10 (A) ENGLISH TRANSLATION OF EXHIBIT P10 EXHIBIT P11 TRUE COPIES ON PENSION REVISION CALCULATION 1.7.2004 ISSUED BY OFFICE OF ACCOUNTANT GENERAL (A&E) KERALA, AND RELEVANT PAGES OF SERVICE BOOKS AT AIDED HIGH SCHOOL AND AT AIDED POLYTECHNIC COLLEGE.
EXHIBIT P12 TRUE COPY OF ORDER G.O.(MS) NO.862/80 (256) FIN. DATED 11/11/1980, ON ACCEPTING PARITY AND NON-CADRE PROMOTION TO LECTURES IN NON- ENGINEERING IN AIDED POLYTECHNIC WITH ARTS AND SCIENCE COLLEGES.
EXHIBIT P13 TRUE COPIES OF ORDER GO(P) NO.389/201/FIN DATED 15/9/2011, ON THE RANK ONE PENSION (OROP) SHOWING 1.7.2009 PAY REVISION AND PENSION BOOK OF PROFESSOR JOSE K. THAYIL SHOWING HIS OROP.
EXHIBIT P14 TRUE COPY OF ORDER GO(P) NO.225/15/FIN.
DATED 12.6.2015, ON UGC PENSION TO NON-UGC TEACHERS RETIRED PRIOR TO 1.1.1986.
EXHIBIT P15 TRUE COPY OF ORDER G.O.(P) NO.32/2016/FIN.
DATED 3/3/2016 ON UGC PENSION TO NON-UGC TEACHERS RETIRED PRIOR TO 1.1.1986 FROM DIRECTORATE OF TECHNICAL EDUCATION.
EXHIBIT P16 TRUE COPY OF ORDER GO(P) NO.299/2010/FIN.
DATED 24/5/2010, ON AWARDING PENSION TO THOSE RETIRED PRIOR TO 1.1.1996 IN UGC/AICTE SCHEME.
EXHIBIT P17 TRUE COPY OF ORDER GO(P) NO.58/2010/H.EDN.
DATED 27.3.2010 ON IMPLEMENTATION OF UGC IN UNIVERSITIES, COLLEGES ETC.
EXHIBIT P18 TRUE COPY OF ORDER G.O.(P) 389/10/H.EDN.
DATED 7/12/2010 ON IMPLEMENTATION OF AICTE IN ENGG. COLLEGES/UNIVERSITIES.
EXHIBIT P19 TRUE COPY OF ORDER G.O.(P) NO.211/2011/FIN.
DATED 7/5/2011 ON REVISION OF PENSION UNDER UGC/AICTE W.E.F. 1.1.2006 EXHIBIT P20 TRUE COPY OF ORDER G.O.(M.S.)NO.75/2014/FIN DATED 20.2.2014, ON IMPLEMENTING AICTE SCHEME IN GOVERNMENT AND AIDED POLYTECHNIC COLLEGES.
WP(C).No.24782 OF 2019(W) 8 EXHIBIT P21 TRUE COPY ON ORDER GO(MS) NO.252/2016 FIN.
DATED 27/6/2016 ON MODIFYING ORDER EXHIBIT P20 EXHIBIT P22 COMPARATIVE STATEMENT ON PENSION CALCULATION MADE BY ACCOUNTANT GENERAL UNDER STATE PENSION AND THE CORRESPONDING UGC PENSION AS PER ORDERS.