Kerala High Court
Dr.Pradeep Kumar P.S vs State Of Kerala Represented By on 29 March, 2021
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
WP(C).No.3433 OF 2021(D)
PETITIONER :-
DR.PRADEEP KUMAR P.S., AGED 49 YEARS
S/O.SURENDRAN P.K., ASSOCIATE PROFESSOR (COMMERCE)
SAS SNDP YOGAM COLLEGE, KONNI P.O.,
PATHANAMTHITTA - 689 691. RESIDING AT PATAYIL,
THRIKODITHANANM P.O., CHANGANACHERY,
KOTTAYAM - 686 105.
BY ADVS.
DR.K.P.PRADEEP
SRI.HAREESH M.R.
SRI.T.T.BIJU
SMT.T.THASMI
SMT.M.J.ANOOPA
RESPONDENTS :-
1 STATE OF KERALA REPRESENTED BY
ITS SECRETARY TO HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR, COLLEGIATE EDUCATION,
DIRECTORATE OF COLLEGIATE EDUCATION,
6TH FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P.O.
THIRUVANANTHAPURAM - 695 033.
3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
KOTTAYAM, DEPUTY DIRECTORATE OF COLLEGIATE EDUCATION,
VAYASKARAKUNNU, NEAR FIRE STATION,
KOTTAYAM - 686 001.
4 PRINCIPAL,
SAS SNDP YOGAM COLLEGE, KONNI P.O.,
PATHANAMTHITTA - 689 691.
BY SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.3433 OF 2021(D)
-: 2 :-
JUDGMENT
Dated this the 29th day of March, 2021 This writ petition is filed seeking the following reliefs :-
"i. To call for the records leading to issue Ext P10 and quash Ext P10 to the extent of denying advance and additional increments to the petitioner, which he is entitled for on attaining Ph.D, during the course of his service as Associate Professor.
ii. To issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 3 rd respondent, to forward Ext P6 claim to the 1st respondent and consequently direct the 1st respondent to decide the claim for the eligibility for advance and additional increment to the petitioner, which he is entitled for on attaining Ph.D, during the course of his service as Associate Professor and disburse the same with arrears with interest at the rate of 9% per annum. iii. To declare that the denial of advance and additional increment awarded to the college teachers who have obtained Ph.D in addition to their NET qualification, after 1- 1-2016 amounts to hostile discrimination and violates Article 14 of the Constitution of India and hence unconstitutional."
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. It is submitted that the petitioner is an Associate Professor working in the 4th respondent's college. The petitioner was appointed in the year 1997. It is submitted that he was awarded a Ph.D in the year 2019. When the petitioner sought the grant of advance increments, his application was returned by Ext.P7 stating that there WP(C).No.3433 OF 2021(D) -: 3 :- is no order enabling the grant of advance increments to teachers who obtained Ph.D after 1.1.2016. The learned counsel for the petitioner submits that the petitioner was a teacher who was already in service and that the Government Order in question do not completely interdict the grant of advance increments to him. It is further submitted that the Government Orders and the clarifications issued thereto are to be considered by the Government and an informed decision has to be taken in the matter. It is, therefore, contended that Ext.P6 application is liable to be forwarded to the Government for a consideration.
4. The learned Government Pleader submits that there is no Government Order in force permitting the grant of advance increments to even an existing teacher, who has acquired the Ph.D qualification only in the year 2019. It is, therefore, submitted that the grievance of the petitioner, if any, is to be considered by the Government before Ext.P6 can be considered.
5. Having heard the learned counsel on either side, I am of the opinion that since the petitioner has a grievance with regard to the non-consideration of the grant of advance increments and since the petitioner contends that the Government Orders in force do not completely interdict the grant of the same, it is for the petitioner to raise the matter appropriately before the Government and that the Government to take a decision in the matter. WP(C).No.3433 OF 2021(D) -: 4 :- There will, accordingly, be a direction to the 1 st respondent that in case the petitioner submits a representation before the 1 st respondent pointing out his grievances and seeks the grant of advance increments on acquisition of Ph.D, the same shall be considered by the 1st respondent, in accordance with law, after hearing the petitioner also through any appropriate means, including video conferencing. The petitioner shall submit the representation accompanied by all supporting documents before the 1 st respondent within a period of two weeks from the date of receipt of a copy of this judgment. The said representation shall be considered, with notice to the petitioner and after hearing him as directed above, within a period of three months thereafter.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE Jvt/31.3.2021 WP(C).No.3433 OF 2021(D) -: 5 :- APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO. CS/5222/99 DATED 18.12.1999 ISSUED BY THE GENERAL MANAGER, SNDP YOGAM COLLEGE.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION NO. F-15-9 (671/L (JUNE 96)/96 (NET/JSO) DATED 18.3.1997 ISSUED BY THE UNIVERSITY GRANTS COMMISSION.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO. FIP/12TH PLAN/KLMGO72TF04 DATED 03.06.2015 ISSUED BY THE UNIVERSITY GRANTS COMMISSION.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION NO. F FIPXII PLAN/KLMGO72 DATED 12.05.2017 ISSUED BY THE UNIVERSITY GRANTS COMMISSION.
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 21.12.2019 ISSUED BY THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY.
EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED WITH STATEMENT OF FIXATION DATED 2.3.2020 SUBMITTED TO THE 1ST RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION NO. C3 7394/20 DATED 27.10.2020 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE CIRCULAR NO. UGC CELL 2/5027/19/COL.EDN DATED 18.03.2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE ORDER GO (MS) NO. 4/2020/HEDN DATED 3/1/2020.
EXHIBIT P10 TRUE COPY OF ORDER G.O.(P) NO. 38/2020/HEDN DATED 6-11-2020 ISSUED BY THE 1ST RESPONDENT.
//TRUE COPY// P.A. TO JUDGE