Kerala High Court
Dr. A.J.George vs Secretary To Government on 11 April, 2013
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 4TH DAYOF JUNE 2014/14TH JYAISHTA, 1936
WA.No. 1919 of 2013 () IN WP(C).6585/2008
-------------------------------------------
AGAINST THE JUDGMENT IN WP(C) 6585/2008 of HIGH COURT OF KERALA
DATED 11-04-2013
APPELLANT(S)/PETITIONER:
----------------------------------------------
DR. A.J.GEORGE
LECTURER (SELECTION GRADE)
M.A.COLLEGE OF ENGINEERING, KOTHAMANGALAM.
BY ADV. DR.GEORGE ABRAHAM
RESPONDENT(S)/RESPONDENT:
--------------------------------------------------
1. SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.
2. THE PRINCIPAL
M.A.COLLEGE OF ENGINEERING, KOTHAMANGALAM.
3. N.V.USHA, AGED 50 YEARS
W/O.K.K.KRISHNANKUTTY WARRIER
SELECTION GRADE LECTURER, DEPARTMENT OF MATHEMATICS
M.A.COLLEGE OF ENGINEERING, KOTHAMANGALAM
RESIDING AT USHUS, PUZHAKKARAKAVU ROAD, MUVATTUPUZHA.
4. M.SREEKUMARI
SELECTION GRADE LECTURER, DEPARTMENT OF MATHEMATICS
M.A.COLLEGE OF ENGINEERING, KOTHAMANGALAM
RESIDING AT 'SREERAGAM', NEAR KALAAUDITORIUM
KOTHAMANGALAM.
R2 BY SRI.GEORGE JACOB (JOSE)
R1 BY SR.GOVT. PLEADER SRI.M.K.ABOOBACKER
R3, R4 BY SRI.MOHAN JACOB GEORGE
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04-06-2014, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.A.1919/13
APPELLANTS' EXHIBITS:
ANNEXURE A: TRUE COPY OF THE COMMUNICATION ISSUED BY THE DEPARTMENT
OF MATHEMATICS, INDIAN INSTITUTE OF SCIENCE, BANGALORE.
ANNEXURE B: TRUE COPY OF THE DEGREE OF DOCTOR OF PHILOSOPHY AWARDED
TO THE APPELLANT BY THE INDIAN INSTITURE OF SCIENCE, BANGALORE.
ANNEXURE C: TRUE COPY OF THE COMMUNICATION ISSUED BY THE GOVERNMENT
TO THE PETTIIONER DATED 2.12.2009.
/TRUE COPY/
PS TO JUDGE
ANTONY DOMINIC & ALEXANDER THOMAS, JJ.
-----------------------------------
W.A.No.1919 of 2013
-----------------------------------
Dated this the 4th day of June, 2014
JUDGMENT
Antony Dominic, J.
1. The appellant is impugning the judgment of the learned single Judge dismissing W.P(C).6585/08 filed by him, where he has challenged the revision of the date with effect from which selection grade was given to him.
2.Appellant joined the service of the second respondent college as a Junior Lecturer on 26.2.1982. On completion of 8 years as prescribed in the UGC norms, he was given senior scale on 26.2.1990. On the basis that he acquired Ph.D on 8.6.1996, on completion of 16 years of service, he was given selection grade with effect from 26.2.1998. Later, giving him the benefit of clause 5.06 of Ext.P9, the selection grade was given with retrospective effect from 1.1.1996. It appears that audit raised an objection that his eligibility for selection grade was only with effect from 8.6.1996 and thereupon, Ext.P1 was issued, revising and refixing the date of selection grade as WA.1919/13 2 8.6.1996. This was confirmed by the Government in Ext.P5. It was in such circumstances that the writ petition was filed. Learned Judge having rejected the contention raised by the appellant that he is entitled to have retained 1.1.1996 as the date with effect from which selection grade was to be given, the appellant has filed this appeal.
3.We heard the learned counsel for the appellant, learned Government Pleader appearing for the first respondent, learned counsel for the second respondent and have considered the submissions made.
4.The main contention raised by the learned counsel for the appellant is that the date with effect from which Ph.D is to be reckoned is 1.1.1996. This, according to the counsel, is because it was on that date that the Senate of the Indian Institute of Science, Bangalore accepted his thesis and resolved to award him Ph.D. In support of this contention, reliance was placed on the judgment of this Court in Dr.Saiful Islam v. University of Kerala [2010 (2) KLT 286]. WA.1919/13 3 Counsel also sought to substantiate his contention by placing reliance on Annexures A and B produced along with the appeal memorandum. Annexure A is a certificate issued by the Chairman of the Department of Mathematics, Indian Institute of Science, Bangalore which shows that the appellant had submitted his thesis in July, 1995. Annexure B is the certificate issued by the Faculty of Science, awarding the appellant the degree of Doctor of Philosophy. Neither of these documents could prove that the Senate had resolved on 1.1.1996 to award the appellant the doctorate.
5.Thus, on the materials now available before us, we are not in a position to accept the contention raised by the appellant. Therefore, the appeal does not merit acceptance and is to be rejected. Be that as it may, it is clarified that if the appellant succeeds in obtaining any document substantiating his plea, being a factual contention which was not urged before the learned single Judge, WA.1919/13 4 it will be open to him to seek review of the judgment of the learned single Judge by making an appropriate application. With that liberty, this writ appeal is dismissed.
Sd/-
ANTONY DOMINIC, Judge.
Sd/-
ALEXANDER THOMAS, Judge.
kkb.