Kerala High Court
N.V.Usha vs State Of Kerala Represented By The on 11 April, 2013
Author: C.K. Abdul Rehim
Bench: C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
THURSDAY, THE 11TH DAY OF APRIL 2013/21ST CHAITHRA 1935
WP(C).No. 20017 of 2006 (G)
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PETITIONER :
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1. N.V.USHA, SELECTION GRADE LECTURER,
DEPARTMENT OF MATHEMATICS, M.A.COLLEGE OF,
ENGINEERING, KOTHAMANGALAM.
2. M.SREEKUMARI, SELECTION GRADE LECTURER,
DEPARTMENT OF MATHEMATICS, M.A.COLLEGE OF,
ENGINEERING, KOTHAMANGALAM.
BY ADVS.SRI.MOHAN JACOB GEORGE
SMT.P.V.PARVATHI
SMT.REENA THOMAS
SRI.AJESH. M.R.
RESPONDENTS :
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1. STATE OF KERALA REPRESENTED BY THE
PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.
2. DIRECTOR OF TECHNICAL EDUCATION,
THIRUVANANTHAPURAM.
3. SRI.A.J.GEORGE, HEAD OF DEPARTMENT,
MATHEMATICS, M.A.COLLEGE OF ENGINEERING,
KOTHAMANGALAM.
R1 BY GOVERNMENT PLEADER SRI. JAMES MATHEW KADAVAN
R3 BY ADV. SRI.P.V.LONACHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11-04-2013, ALONG WITH WPC. 6585/2008, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
BP
WP(C).No. 20017 of 2006 (G)
APPENDIX
PETITIONER'S EXHIBITS :
P1: COPY OF THE RELEVANT PORTION OF G.O. NO. 79/90/H.EDN
DT 27/3/1990.
P1(a):COPY OF THE GOVERNMENT ORDER NO. 19069/J3/2004/H.EDN
DT 9/5/2005.
P2: COPY OF THE ORDER NO. DP3-15456/02/DTE DT 16/8/2005.
P3: COPY OF G.O.(P) NO. 171/99/H.EDN DT 21/12/1999.
P3(a):COPY OF G.O.(P).O44/01/H.DEN DT 21/3/2001.
P4: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST
PETITIONER TO THE R1.
P5: COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND
PETITIONER TO THE R1
P6: COPY OF THE PROCEEDINGS NO.3363/J3/06/H.EDN DT 16/5/2006.
P7: COPY OF THE RELEVANT PORTION OF THE AUDIT OBJECTION.
P8: COPY OF ORDER NO. DP3/30105/2007/DTE DT 23/1/2008 OF
THE R2
P9: COPY OF THE PROCEEDINGS OF THE PRINCIPAL, M.A. COLLEGE OF
ENGINEERING, KOTHMANGALAM, DT 18/2/2008.
RESPONDENT'S EXHIBITS :
EXT.R3(a): COPY OF PROCEEDINGS OF DIRECTORATE OF TECHNICAL
EDUCATION VIDE NO. DP3/38918(15)/99 DTE DT. 253/2000
WITH ANNEXURE-1 CALCULATION OF SERVICE FOR PURPOSE
PLACEMENT.
EXT.R3(b): COPY OF PROCEEDINGS NO.DP3/12096/97(15)/DTE
DT.15/09/1999 WITH ANNEXURE-1.
EXT.R3(c) COPY PROCEEDINGS NO.DP3/12069/97(16)/DTE DT.15/09/09
WITH ANNEXURE-1.
//TRUE COPY//
P.A. TO JUDGE
C.K. ABDUL REHIM, J.
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W.P.(c) No. 20017 OF 2006
&
W.P.(c) No. 6585 OF 2008
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DATED THIS THE 11th DAY OF APRIL, 2013
J U D G M E N T
Subject matter involved in both these cases pertain to dispute effective date of placement of the petitioner in W.P
(c) No.6585/2008 as Selection Grade Lecturer. The petitioner in that case joined as Junior Lecturer in the 2nd respondent College on 26-02-1982. He became qualified for senior scale (grade) on completion of 8 years, on 26-02- 1990, which benefit was granted to him. He acquired qualification of Ph.D on 08-06-1996. He completed 16 years of service as on 26-02-1998, by which he became entitled to be placed in Selection Grade, subject to fulfilment of other qualifications under Ext.P9 scheme formulated by the UGC, the "Scheme for revision of pay scales of teachers in Universities and affiliated Colleges in Kerala and other measures for maintenance of standards in higher W.P.(c) Nos.20017/2006 & 6585/2008 -2- education." Initially the petitioner was placed in the Selection Grade with effect from 26-02-1998, i:e; from the date of completion of 16 years of service. But the date of such placement was revised and re-fixed as 01-01-1996. This was done on the basis that the petitioner is entitled for relaxation of 3 years in the requisite qualifying service, under Clause 5.06 of Ext.P9. But there arose an audit objection noticing that the petitioner had acquired the qualification of Ph.D only with effect from 08-06-1996. Therefore the Director of Technical Education had issued Ext.P1 proceedings revising the effective date of placement as Selection Grade again as 08-06-1996. Aggrieved by Ext.P1 the petitioner approached the State Government in appeal. In the meanwhile steps were initiated for recovery of the excess amounts paid on the basis of the erroneous fixation the grade with effect from 01-01-1996. Government have considered the appeal and rejected the same through Ext.P5 finding that, as per Clause 4.04 of Ext.P9 existing Lecturers without research Degree will be eligible for the benefit only when they acquire research Degree. Since the W.P.(c) Nos.20017/2006 & 6585/2008 -3- petitioner had acquired Ph.D only on 08-06-1996, he is eligible for placement as Selection Grade only with effect from that date, is the finding. It is challenging Ext.P1 confirmed through Ext.P5, W.P ) No.6585/2008 is filed.
2. The petitioners in W.P (c) No.20017/2006 are seniors in service to the petitioner in W.P (c) No.6585/2008. They are also challenging the re-fixation of effective date of Selection Grade, issued through Ext.P1 and confirmed in appeal by the Government in Ext.P5. Inter alia, they are challenging Ext.P6 through which the request for re-fixation of their effective date of grade promotion as Selection Grade Lecturer, was rejected.
3. Contention of the petitioners is based on various clauses in Ext.P9 scheme. It is pointed out that, under clause 5.03, every Lecturer in the senior scale will be eligible for appointment to the post of reader in the scale of pay of Rs.3700-5700 if he has-
(a) completed 8 years of service in the senior scale or completed total service of Lecturer not less than 16 years.
W.P.(c) Nos.20017/2006 & 6585/2008 -4-
(b) Obtained a Ph.D Degree or an equivalent published work.
(c) Made some marks in the areas of scholarship and research etc., and
(d) participated in two refresher courses/summer institutes each of approximately 4 weeks duration or engaged in other appropriate continuing education programme.
Referring to clause 5.06 it is contended that, existing Lecturers as on 01-01-1986 are eligible to be promoted to the post of Reader by relaxation of 3 years, if he holds Ph.D. Further referring to clause 5.05 it is contended that Lecturers in the Senior scale who do not have Ph.D Degree and who do not meet the standards of qualifications of Reader, but fulfill other criteria mentioned in clause 5.03 will also be placed in the Selection Grade, subject to recommendation of the committee concerned. In such cases they will be designated as Lecturer in Selection Grade. It is further stated that post of Selection Grade will be created in such cases to upgrade the post held by them, by the Director of Collegiate Education. According to the W.P.(c) Nos.20017/2006 & 6585/2008 -5- petitioner since he had acquired qualification of Ph.D, he is entitled for relaxation of 3 years. He had completed 16 years of service as on 26-02-1998. Hence he is entitled to be placed in the Selection Grade, notionally with effect from 26-02-1995. On that premise the re-fixation made with effect from 08-06-1996 cannot be sustained, is the contention.
4. In Ext.P5 the Government have specifically observed that, going by Clause 4.05 the petitioner will become eligible for Selection Grade, only if he acquires qualification of Ph.D Degree. Since the petitioner had acquired the prescribed qualification only on 08-06-1996 he will become entitled for placement in the Selection Grade only from that date. It is evident that 3 years relaxation provided under the scheme is subject to the condition of acquiring qualification of Ph.D. It cannot be construed that if a Lecturer acquires qualification of Ph.D after completion of 13 years and before completion of 16 years of service, he should be placed in the Selection Grade retrospectively with effect from the date of completion of 13 years, on a notional W.P.(c) Nos.20017/2006 & 6585/2008 -6- basis. That will be resulting in granting of Selection Grade to any person who was not eligible for such benefits as on that date. Since the eligibility for exemption was accrued only on 08-06-1996, the benefit can be granted only with effect from that date. Under the above mentioned circumstances, I do not find any justifiable grounds to interfere with the findings contained in Exts.P1 and P5, and also against the steps initiated for recovery of excess payments made.
5. The petitioner had raised a further contention that, under Ext.P10 revised UGC scheme the petitioner is entitled for two advanced increments on the basis of acquisition of Ph.D and for consequential placement in the Selection Grade. Counsel for the 2nd respondent management points out that such increment had already been reckoned through Ext.P3. However, the said aspect was not in issue before the Directorate of Technical Education while considering Ext.P1 or before the Government while disposing the appeal. I am of the view that if at all the petitioner is eligible for any such benefits W.P.(c) Nos.20017/2006 & 6585/2008 -7- and if the same was not already given, the petitioner will be at liberty to approach the appropriate authority. Any observations contained in Ext.P5 will not stand in the way of the authority concerned in considering such request.
6. On the basis of findings rendered as above reliefs sought for in W.P (c) No.20017/2006 does not deserve consideration. The petitioners in that writ petition are not entitled to claim placement in Selection Grade with effect from the date re-fixed in Ext.P1, merely because they were seniors in service. They have no case that they have acquired qualification making them eligible for relaxation of 3 years.
In the result both these writ petitions are hereby dismissed.
Sd/-
C.K. ABDUL REHIM, JUDGE.
AMG True copy P.A to Judge