IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WA.No. 726 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.18905/2007 Dated 01/12/2007 .................... APPELLANTS:RESPONDENTS 1 & 2 IN WP (C): --------------------------------------------------------------------- 1. STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. BY GOVERNMENT PLEADER SRI. SANDESH RAJA RESPONDENT:PETITIONER & 3RD RESPONDENT: ----------------------------------------------------------------------- 1. LIZYMOL XAVIER,LECUTRER SENIOR SCALE DEPARTMENT OF PHYSICS, ST.ALOYSIOUS COLLEGE, EDATHUA, ALAPPUZHA. 2. MAHATMA GANDHI UNIVERSITY, REP. BY REGISTRAR, PRIYADHARSHINI HILLS, KOTTAYAM. BY ADV. SRI. B.MOHANLAL – R1 BY SRI. T.A.SHAJI, SC – R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.726 OF 2008 () ----------------------------------- Dated this the 17th day of June, 2008 J U D G M E N T KOSHY,J. Writ petitioner was a lecturer in St.Alosyius College, Alappuzha. She was given promotion as Lecturer Senior Scale. Same was approved by the University. Petitioner was appointed as lecturer. By Ext.P1 order, Government directed the Director of Collegiate Education to approve the appointment of petitioner as Lecturer in Physics. She was later promoted to Lecturer Senior Scale as per U.G.C norms. But on the basis of the workload, Government had some objections. But promotion of the petitioner to the Senior Scale cannot be denied based on the workload. Salary was also paid by getting U.G.C. Grade. Contention of the Government is that after the evaluation, it was seen that petitioner was continuing without any proper workload, cannot be accepted as surplus on the basis of the subsequent circular dated W.A.726/08 2 9.2.2004 as that circular is only regarding placement. Apart from the above, petitioner's appointment as Lecturer cannot be disturbed as that was approved by the Government and promotion to the Senior Scale was also approved by the University with effect from 22.4.2002 and that promotion to the Senior Scale was in accordance with the UGC scheme and she was actually promoted as Lecturer Senior Scale with effect on 22.4.2002, as per Ext.P3 much before the circular dated 9.2.2004. Since she was promoted with effect from 22.4.2002 strictly as per the U.G.C. scheme, the learned Single Judge directed to pay monetary benefits arising therefrom including the arrears. We see no ground to interfere with the same, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008