IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 30969 of 2011(U) -------------------------- PETITIONER ---------- K.K. RAMACHANDRAN, LECTURER (SENIOR SCALE), IN MECHANICAL ENGINEERING, GOVERNMENT ENGINEERING COLLEGE, THRISSUR. BY ADV. DR.PAULY MATHEW MURICKEN RESPONDENTS ----------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 001. 2. CHAIRMAN, SELECTION COMMITTEE FOR PLACEMENT OF SENIOR SCALE/SELECTION GRADE OF THE LECTURERS IN THE GOVERNMENT ENGINEERING COLLEGES (SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001 3. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM- 695 006 4. THE PRINCIPAL, GOVERNMENT ENGINEER COLLEGE, THRISSUR.- 680 001 R1 TO R4 BY PUBLIC PROSECUTOR SRI. M.A. FAYAZ. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dlk WP(C).No. 30969 of 2011(U) APPENDIX PETITIONER'S EXHIBITS EXHIBIT-P1-PHOTOCOPY OF THE SERVICE CARD OF THE PETITIONER. EXHIBIT-P2-PHOTOCOPY OF THE B.TECH DEGREE CERTIFICATE ISSUED THE PETITIONER BY THE CALICUT UNIVERSITY DATED 22/07/1997. EXHIBIT-P3-PHOTOCOPY OF THE CONSOLIDATED GRADE CARD DATED 08/08/2005 ISSUED TO THE PETITIONER BY THE NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT. EXHIBIT-P4-PHOTOCOPY OF THE M.TECH DEGREE CERTIFICATE ISSUED TO THE PETITIONER BY THE NIT, CALICUT. EXHIBIT-P5-PHOTOCOPY OF THE PROCEEDINGS NO. EA4/18784/2003 DATED 26/02/2004 OF THE 3RD RESPONDENT. EXHIBIT-P6-PHOTOCOPY OF THE G.O(P)NO.68/2000/H.EDN. DATED 18/05/2000 EXHIBIT-P7-PHOTOCOPY OF THE APPLICATION DATED 24/09/2008 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT-P8-PHOTOCOPY OF THE DETAILS OF SHORT TERM COURSE ATTENDED BY THE PETITIONER ALONG WITH CERTIFICATE. EXHIBIT-P9-PHOTOCOPY OF THE PROCEEDINGS BEARING NO.EA3/25037/09 DATED 21/11/2009 OF THE 3RD RESPONDENT. EXHIBIT-P10-PHOTOCOPY OF THE LIST OF LECTURERS OF NSS COLLEGE OF ENGINEERING, PALAKKAD. EXHIBIT-P11 SERIES-PHOTOCOPIES OF THE ORDERS DATED 20/06/2005, 15/10/2005, 06/02/2006, 29/05/2006, 15/10/2007, 16/10/2007 AND 28/08/2010 OF THE 3RD RESPONDENT. EXHIBIT-P12-PHOTOCOPY OF THE REPLY OBTAINED FROM NSS COLLEGE OF ENGINEERING, PALAKKAD. EXHIBIT-P13-PHOTOCOPY OF THE PROCEEDINGS DATED 23/11/2005 OF THE 3RD RESPONDENT. EXHIBIT-P14-PHOTOCOPY OF THE APPLICATION FILED BY S. SARASWATHY TO THE PUBLIC INFORMATION OFFICER, M.A COLLEGE OF ENGINEERING, KOTHAMANGALAM. WP(C).No. 30969 of 2011(U) EXHIBIT-P15-PHOTOCOPY OF THE REPRESENTATION DATED 21/06/2011 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. EXHIBIT-P16-PHOTOCOPY OF THE PROCEEDINGS NO. E1/2463/2011 DATED 27/06/2011 OF THE 3RD RESPONDENT. EXHIBIT-P17-PHOTOCOPY OF THE LETTER DATED 20/10/2011 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. RESPONDENTS EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE dlk T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.30969/2011-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of November, 2011 J U D G M E N T The petitioner who is continuing as Lecturer (Senior Scale) is seeking for a direction to the competent authority to take a decision on Ext.P15 representation relating to his claim for grant of Senior Scale with effect from 20/10/2005 instead of 20/10/2006. 2. The claim is raised on the plea that he should have been allowed Senior Scale on completion of five years of service as Lecturer during which period he had acquired M.Tech. Petitioner is relying upon Exts.P11 series and Ext.P13 orders passed in respect of other Lectures who have been granted the benefit of Senior Scale on completion of five years of service. Ext.P16 shows that Ext.P15 representation has already been forwarded by the fourth respondent. 3. There will be a direction to the Government to take a decision on Ext.P15 representation after notice to the petitioner within a period of six months from W.P.(C). No.30969/2011 -:2:- the date of receipt of a copy of this Judgment. All aspects will be considered in the light of Exts.P11 and P13 also. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the respondent concerned for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms