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Aggrieved by the said judgment, the present appeal has been filed by the Appellant-University.

Submissions:

4. We have heard learned Senior Counsel Sri P.V. Surendranath for the Appellant-University and Sri Raghenth Basant, learned counsel for Respondent No. 1 and perused the material on record. 4.1. Sri P.V. Surendranath, learned Senior Counsel appearing on behalf of the Appellant-University at the outset submitted that the judgments of the learned Single Judge and the Division Bench of the High Court of Kerala dated 13th October, 2015 and 10th August, 2016 respectively, were based on an incorrect appreciation of the law and facts of the case and, therefore, deserve to be set-aside by this Court. 4.2. It was further contended that a close reading of Clauses 6.16 to 6.19 of the Government Order dated 21st December, 1999 would indicate that the maximum number of advance increments that a teacher having a Ph.D. degree could avail is limited to four, under all circumstances. That is to say that a teacher who had a Ph.D. degree at the time of recruitment as a Lecturer and had therefore been granted four advance increments, would not be eligible for advance increments on the basis of the Ph.D. degree on being placed in the selection grade. 4.3. Referring to the text of Clauses 6.16 to 6.19 of the said Government Order, it was contended that the said provisions do not contemplate a double benefit by virtue of a Ph.D. qualification. That the provisions do not seek to confer the benefit of advance increments based on a Ph.D. qualification, at the time of recruitment and also at the time of being placed in the selection grade. That having availed the benefit of advance increments at the time of recruitment by virtue of holding a Ph.D. qualification, a Lecturer cannot once again claim increments based on his/her Ph.D. qualification at the time of being placed in the selection grade.

The entitlements of different categories of lecturers, as defined under the Government Order dated 21st December, 1999 has been presented in a tabular form as under:

Qualification Advance Advance Advance Total of the increments increments increments number of Lecturer at accrued at accrued on accrued on advance the time of the time of acquiring being increments recruitment recruitment Ph.D. placed in degree the Selection Grade A Lecturer, Four advance Not Two advance Six advance who has a increments applicable increments increments Ph.D. degree to his/her credit at the time of recruitment A Lecturer, Two advance One advance Two advance Five advance who increments increment increments increments possesses an on acquiring M.Phil. a Ph.D. degree at the within two time of years of recruitment recruitment A Lecturer No advance Two advance Two advance Four who increments increments increments advance possessed would accrue increments neither an at the time of M.Phil. recruitment degree nor a Ph.D. degree at the time of recruitment 7.3. Having discussed the import of the aforesaid Clauses of the Government Order dated 21st December, 1999, it is necessary to examine the extent to which it was modified by way of the subsequent Government Order dated 29th March, 2001 numbered as G.O. (P) No. 44/2001 H. Edn. which reads as under:

7.5. It is necessary to contrast the entitlements of different categories of lecturers on being placed in the selection grade, under the Government Order dated 21st December, 1999, vis-à-vis, the subsequent Government Order dated 29th March, 2001. The same is presented in a tabular form as under:

Qualification of Total number of Total number of the Lecturer at the advance increments advance time of under the Government increments under recruitment Order dated 21st the Government December, 1999 Order dated 29th March, 2001 A Lecturer, who Six advance increments Four advance has a Ph.D. degree increments to his/her credit at the time of recruitment A Lecturer who Four advance Four advance acquired a Ph.D. increments increments degree during service 7.6. As noted from the table above, a Lecturer who has a Ph.D. degree to his/her credit at the time of recruitment was entitled to six advance increments on being placed in the selection grade, as stipulated under Clauses 6.16 and 6.18 of the Government Order dated 21st December, 1999. However, the number of advance increments that would accrue to such a Lecturer on being placed in the selection grade was reduced to four, vide Government Order dated 29th March, 2001. The Government Order dated 29th March, 2001 restricted the eligibility of lecturers to the advance increments which would accrue on being placed in the selection grade by providing that a teacher who had got the benefit of advance increments by virtue of having a Ph.D. degree at the time of recruitment, would not be eligible for advance increments on being placed in the selection grade. The benefit of increments on being placed in the selection grade was restricted to those lecturers who obtained a Ph.D. degree subsequent to their recruitment. As noted above, the Government Order dated 29th March, 2001 modifies the Government Order dated 21st December, 1999 by providing, inter-alia, that Lecturer would not be simultaneously eligible for the incentives under Clause 6.16 and 6.19 thereof. On a reading of the Government of Kerala’s Order dated 29th March, 2001, it is evident that teachers holding both M.Phil. degree and Ph.D. degree at the time of their entry in service are entitled to four advance increments which is as per the Government Order dated 21st December, 1999 extracted above.

However, the incentives specified in paragraphs 6.16 to 6.18 of the aforesaid Government Order are not to be given simultaneously. In other words, a teacher is not simultaneously eligible for the incentives as stated in paragraphs 6.18 and 6.19. Similarly, a teacher is not eligible for benefits specified in paragraphs 6.17 and 6.19 simultaneously. This would mean that this is the only modification made to the Order dated 21st December, 1999.

It is also to be noted that the object of providing four advance increments to a Lecturer holding Ph.D. degree and two advance increments to a Lecturer holding M.Phil. degree at the time of recruitment as Lecturer is in recognition of the higher qualification that they possess, as ordinarily a Lecturer must possess a post-graduation degree to be recruited as a Lecturer. Therefore, if a person has an M.Phil. degree at the time of recruitment as a Lecturer, he or she would be entitled to two advance increments and if any Lecturer possesses a Ph.D. degree at the time of appointment as a Lecturer, four advance increments are admissible. This, is in contrast to, being eligible for two advance increments when a Lecturer acquires a Ph.D. degree during the course of service/career. On the other hand, if a Lecturer with an M.Phil. degree acquires a Ph.D. degree within two years of recruitment would be admissible to one increment. Also, a Lecturer with Ph.D. degree would be eligible for two advance increments when promoted as a Selection Grade Lecturer/Reader.