Kerala High Court
Latha R.Nair vs Cochin University Of Science & ... on 18 March, 1994
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 14TH DAY OF SEPTEMBER 2012/23RD BHADRA 1934
WP(C).No. 15375 OF 2008 (E)
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PETITIONER(S):
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LATHA R.NAIR, AGED 37, W/O MOHAN B.NAIR,
SENIOR LECTURER, DIVISION OF COMPUTER SCIENCE,
COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY,
194 IV TH CROSS ROAD, MAVELI NAGAR, CUSAT, KOCHI-22
BY ADVS.SRI.JOHNSON P.JOHN
SRI.BABY MATHEW
RESPONDENT(S):
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1. COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY,
REPRESENTED BY ITS REGISTRAR, KOCHI-22
2. THE REGISTRAR
COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, KOCHI-22
3. THE CHAIRMAN, SELECTION COMMITTEE
FOR PLACEMENT UNDER CAREER ADVANCEMENT SCHEME
COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY.
BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAI, SC, CUSAT
SRI.P.M.A.KALAM, SC, CUSAT
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 15375 of 2008 (E)
APPENDIX
PETITIONER'(S) EXHIBITS:
EXT.P1 COPY OF THE POSTING ORDER DATED 18.03.1994.
EXT .P2 COPY OF THE TESTIMONIAL DATED 21.06.1997.
EXT.P2(a) COPY OF THE TESTIMONIAL DATED 03.06.1998.
EXT.P3 COPY OF THE UNIVERSITY ORDER DATED 11.12.1997.
EXT.P4 COPY OF THE REPRESENTATION DATED 27.01.1999.
EXT.P5 COPY OF THE ORDER OF APPOINTMENT AS LECTURER DATED 04.04.99.
EXT.P6 COPY OF THE UNIVERSITY ORDER DATED 03.04.1999.
EXT.P7 COPY OF THE REQUEST DATED 21.07.1999.
EXT.P8 COPY OF THE REPRESENTATION DATED 06.07.2005.
EXT.P9 COPY OF THE REMINDER SUBMITTED BY THE PETITIONER.
EXT.P10 COPY OF THE JUDGMENT DATED 05.10.2006 IN WP(C) NO.14935/06.
EXT.P11 COPY OF THE ORDER DATED 29.09.07.
EXT.P12 COPY OF THE REQUEST DATED 21.08.2007 SUBMITTED TO THE
SELECTION COMMITTEE.
EXT.P13 COPY OF THE UNIVERSITY ORDER DATED 29.01.2008.
EXT.P14 COPY OF THE REQUEST SUBMITTED THROUGH THE COCHIN UNIVERSITY
TEACHERS FORUM.
EXT.P15 COPY OF THE REQUEST DATED 15.05.2008.
EXT.P18 RELEVANT PAGES OF GO DATED 18.05.2000.
RESPONDENT'(S) EXHIBITS:
EXT.R1(a) COPY OF THE UNIVERSITY ORDER NO.Ad.A3/244/90 DATED 28.7.98.
EXT.R1(b) COPY OF THE UO NO.Ad.D3/60/98(12) DATED 04.01.2001.
EXT.R1(c) COPY OF THE MINUTES OF THE SELECTION COMMITTEE MEETING HELD
ON 28.05.2008.
//TRUE COPY//
PA TO JUDGE
BKA
A.M.SHAFFIQUE, J
* * * * * * * * * * * * *
W.P.C.No.15375 of 2008
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Dated this the 14th day of September 2012
J U D G M E N T
The petitioner seeks a direction to consider Exts.P7 to P9 and refix the salary of the petitioner in accordance with promotion/placement which she is entitled to get with effect from 15/12/1999 and as Reader/Selection Grade with effect from 15/12/2004. According to the petitioner, she joined the University service on 07/03/1994 as Technical Assistant Grade III and was appointed as Lecturer in Computer Science and had worked as Lecturer in Computer Science thus having a total of 11 = years in the said service. According to the petitioner, she is eligible for career advancement as per AICTE guidelines. Her complaint is that she was not declared for promotion or placement in the cadre of senior scale and reader/selection grade which was due on 15/12/1999 and 15/12/2004 respectively. According to her, she is also denied the salary which she was entitled to in respect of the said post.
2. The petitioner's main grievance as reflected in Exts.P7 to P9 is that though she was asked to appear for an interview for W.P.C.No.15375/08 2 appointment as Lecturer/Reader on deputation basis and was appointed only on transfer for a period of one year and though various benefits were given to other Lecturers with M.Tech Degree at the time of joining, such benefits were not given to the petitioner. Ext.P8 was issued on 06/07/2005 when the University notified for appointment of Lecturers in permanent position and though, according to the petitioner, she was first in the rank list of Computer Science and second in Information Technology, she was relieved from the College on 15/04/2004 and she had joined back in the University on 16/04/2004. According to her she had an uninterrupted service qualifying for a career advancement which was not considered. Her request was to give her the position of Senior Lecturer Grade with effect from 15/12/1999. Ext.P9 is the reminder.
3. Dissatisfied with the non-consideration of the representations, the petitioner approached this Court by filing W.P.C.No.14935/2006. This Court, by Ext.P10 judgment dated 05/10/2006, directed the respondents to consider and pass orders on Exts.P7 and P9 strictly on merits. It was also observed that the placement of the petitioner as a Reader in the W.P.C.No.15375/08 3 department of Computer Science on contract basis for one year will not have any adverse impact on the petitioner's prospects.
4. Ext.P11 is the order passed by the University by which her request was rejected. It is observed that the Committee, after having appraised the various reports available before it, found that the petitioner, having satisfied with the conditions prescribed by AICTE and recommended her placement as Lecturer (Senior Scale) under the Career Advancement Scheme of AICTE with effect from 26/03/2006 and there was a direction to put her in the pay scale of Rs.10,000- 325-15,200 with effect from 26/03/2006 by upgradation of the post of Lecturer held by the teacher in the Division of Computer Science, School of Engineering. It was also clearly observed that the above placement is a personal position and is not against a sanctioned post. By Ext.P12, the petitioner complained that she was entitled to be considered for the post of Reader as she had completed 13 years and six months uninterrupted service qualifying for career advancement to a suitable post. An interview was conducted with reference to various persons who were entitled for Career Advancement Scheme as evident from W.P.C.No.15375/08 4 Ext.P13. She complained that with reference to the interview held on 21/08/2007, she was only given the post of Senior Lecturer without considering her service of 13 years and six months which were detailed therein. It is in the light of the aforesaid documents produced that the petitioner wants to consider her position to be a Reader taking into consideration her qualification which, according to her, is more than 13 years.
5. In the counter affidavit filed by the respondents it is inter alia stated that the petitioner's appointment to the post of Programme Assistant is a non-teaching post and is not governed by AICTE guidelines and that she is not eligible for advance increments at the time of her joining as Programme Assistant. It is also contended that the petitioner had received pay and allowances in the scale of pay of Rs.2,200-3,500 with effect from 07/03/1994 to 11/01/1999 and also worked as Lecturer on transfer appointment in the scale of pay of Rs.2,200 - 4000 with effect from 15/12/1997 to 11/01/1999. Therefore, according to them, pay scales of both the posts were different. It is further submitted that the petitioner was on leave without allowances for a period from 05/01/2001 to 15/04/2004 in order to take up W.P.C.No.15375/08 5 employment elsewhere. As per G.O.(P) No.780/83 Fin dated 16/12/1983, during the currency of leave without allowance for taking up employment elsewhere, the employee will lose all service benefits such as earning of leave including half pay leave, pension, gratuity increment etc. and will lose seniority in the higher grade/grades before rejoining duty and this period cannot be counted as qualifying service for her promotion to the post of Lecturer (Selection Grade)/Reader.
6. Similarly, according to them, the period during which she had worked as Programme Assistant cannot be counted as qualifying service for promotion to the post of Reader on the ground that the two posts of Lecturer and Programme Assistant are not identical in nature of duty, scale of pay and qualification for appointment. Therefore, according to the University, while excluding the period 07/03/1994 to 11/01/1999 under which she was working as Programme Assistant and the leave without allowance period from 05/01/2001 to 15/4/2004 for employment elsewhere cannot be counted as qualifying service and hence, she is not eligible to be promoted to the post of Reader. Therefore, it is the case of the respondents that the petitioner W.P.C.No.15375/08 6 cannot make a claim for the said post.
7. Heard learned counsel on either side. It is not in dispute that if the period of service of the petitioner as Programme Assistant Grade III from 07/03/1994 to 11/01/1999 is excluded and similarly the period of leave without allowance from 05/01/2001 to 15/4/2004 is excluded, the petitioner cannot claim any benefit to the post of Reader.
8. But, it is the contention of the petitioner that there is no post of Programme Assistant in the Computer Science Department whereas the post of System Analyst was modified as Technical Officer Grade I and the other two posts available in the department was modified as Technical Assistant Grade III. The post of Programme Assistant in the School of Mathematical Science is modified as Technical Assistant Grade III. According to the petitioner, since she was having M.Tech and Gate score, she was entitled to the modified post of Technical Officer Grade I and two advance increments at the time of posting. According to the petitioner, she was entitled to be posted as Lecturer (Senior Scale) with effect from 15/5/1999 adding the three years non- teaching service to the teaching service.
W.P.C.No.15375/08 7
9. This, I do not think, is the correct approach to be taken. When the petitioner is appointed as per Ext.P1, it is definitely a non-teaching post as a Programme Assistant in the Department of Mathematics and Statistics. Therefore, by no stretch of imagination, can it be stated that the same was a cadre similar to a teaching post. In that view of the matter, the said period can never be treated as continuity in service in a teaching post. There is no doubt about the position that the period when the petitioner was on loss of pay leave cannot be accounted for calculating the number of years of service. That being the situation, there cannot be any dispute regarding the fact that the petitioner was not entitled for promotions at the relevant point of time in 1999 and 2004.
Under these circumstances, I do not find any merit in the writ petition and the same is dismissed.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.15375/08 8 W.P.C.No.15375/08 9 W.P.C.No.15375/08 10