IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 30872 of 2011(H) -------------------------------- PETITIONER: -------------- L. REKHA, LECTURER (SENIOR SCALE) IN MECHANICAL ENGINEERING, GOVERNMENT ENGINEERING COLLEGE, THRISSUR. BY ADV. DR.PAULY MATHEW MURICKEN. RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 004. 2. CHAIRMAN, SELECTION COMMITTEE FOR PLACEMENT OF SENIOR SCALE/SELECTION GRADE OF THE LECTURERS IN GOVENMENT ENGINEERING COLLEGES (SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM)-695 004. 3. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM- 695 004. 4. THE PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE, THRISSUR- 676 103. BY SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.30872/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT.P1 A TRUE PHOTOCOPY OF THE RELEVANT EXTRACT OF THE PROCEEDINGS DATED 18.11.1999 OF THE 3RD RESPONDENT. EXT.P2 A TRUE PHOTOCOPY OF THE PROCEEDINGS DATED 5.6.2000 OF THE 3RD RESPONDENT. EXT.P3 A TRUE PHOTOCOPY OF THE PROCEEDINGS DATED 6.9.2002 OF THE 3RD RESPONDENT. EXT.P4 A TRUE PHOTOCOPY OF THE B.TECH DEGREE CERTIFICATE ISSUED TO THE PETITIIONER BY THE MAHATMA GANDHI UNIVERSITY. EXT.P5 A TRUE PHOTOCOPY OF THE M.TECH DEGREE CERTIFICATE ISSUED TO THE PETITIONER BY THE UNIVERSITY OF KERALA. EXT.P6 A TRUE PHOTOCOPY OF THE G.O.(P)NO.68/2000/H.EDN. DATED 18.5.2000. EXT.P7 A TRUE PHOTOCOPY OF THE APPLICATION DATED 15.2.2006 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P8 A TRUE PHOTOCOPY OF THE DETAILS OF SHORT TERM COURSES ATTENDED BY THE PETITIONER ALONG WITH CERTIFICATES. EXT.P9 A TRUE PHOTOCOPY OF THE PROCEEDINGS SBEARING NO.EA3/9812/2006 DATED 24.4.2007 OF THE 3RD RESPONDENT. EXT.P10 TRUE PHOTOCOPY OF THE LIST OF LECTURERS OF NSS COLLEGE OF ENGINEERING, PALAKKAD. EXT.P11 TRUE PHOTOCOPIES OF THE ORDERS DATED SERIES 20.6.2005, 15.10.2005, 6.2.2006, 29.5.2006, 15.10.2007, 16.10.2007 AND 28.8.2010 OF THE 3RD RESPONDENT. EXT.P12 A TRUE PHOTOCOPY OF THE REPLIES OBTAINED FROM NSS COLLEGE OF ENGINEERING, PALAKKAD. EXT.P13 THE TRUE PHOTOCOPY OF THE PROCEEDINGS DATED 23.11.2005 OF THE 3RD RESPONDENT. WP(C).No.30872/2011 EXT.P14 THE PHOTOCOPY OF THE APPLICATION FILED BY S.SAZRASWATHY TO THE PUBLIC INFORMATIN OFFICER, M.A. COLLEGE OF ENGINEERING, KOTHAMANGALAM. EXT.P15 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 17.7.2011 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P16 A TRUE PHOTOCOPY OF THE PROCEEDINGS NO.E1/1770/2010(18) DATED 21.07.2011 OF THE 4TH RESPONDENT ADDRESSED TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.30872 OF 2011 --------------------------------------- Dated this the 19th day of November, 2011. J U D G M E N T The petitioner herein is working as Lecturer (Senior Scale) in Mechanical Engineering in the Government Engineering College, Thrissur. The said post has been redesignated as Assistant Professor. It is averred in the writ petition that the petitioner has acquired the Masters Degree (M.Tech) in Mechanical Engineering in May 2001. 2. The grievance raised in the writ petition is regarding the date from which the petitioner is entitled to be granted the Senior Scale. The petitioner is now granted the Senior Scale with effect from 04.12.2005 which is evident from Ext.P9. It is the case of the petitioner that the petitioner had claimed the Senior Scale with effect from 29.11.2004 i.e. from the date of completion of five years of service as Lecturer. 3. It is pointed out that the Screening Committee disregarded the crucial aspect viz. the acquisition of qualification W.P.(C) No.30872/2011 2 by the petitioner within five years of entry into service. Seeking for grant of Senior Scale with effect from 29.11.2004, the petitioner has filed Ext.P15 representation before the Government. The same has been forwarded by the Principal with a covering letter to the Director of Technical Education as per Ext.P16. The petitioner is relying upon Exts.P11 and P13 proceedings which are said to be issued in the case of similarly placed persons. There will be a direction to the Government to take a decision on Ext.P15 representation, after hearing the petitioner, within a period of six months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp