IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 WP(C).No. 22086 of 2011(I) -------------------------- PETITIONER: ------------- DR.K.RAVEENDRAN, GOURI, PULLIKANAKKU P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.D.SREEKUMAR RESPONDENT(S): --------------- 1. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 001 2. ACCOUNTANT GENERAL (A & E), KERALA OFFICE OF ACCOUNTANT GENERAL, KERALA-695 001. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 BY SR.GOVT.PLEADER SHRI M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.22086/2011 PETITIONER'S EXTS: EXT.P1: COPY OF ORDER NO.UGC.CELL.III(1)38205/04 COLL.EDN. DT.3.11.04 RECTIFYING THE MISTAKES. EXT.P2: COPY OF LETTER NO.UGC.III(1)9612/2001/COLL.EDN. DT.25.7.02 INTIMATED TO THE 2ND RESPONDENT. EXT.P3: COPY OF JUDGMENT DT.2.7.09 IN W.P.(C)No. 19684/06 OF THIS COURT. EXT.P4: COPY OF JUDGMENT IN W.A.NO.42/10 DT.17.5.10 OF THIS COURT. EXT.P5: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS DT.27.6.11. EXT.P6: COPY OF ORDER UGC.CELL.III(1)/32878/2006/COLL.EDN. DT.28.9.10 ISSUED BY THE RESPONDENT. EXT.P7: COPY OF ORDER NO.GEX/E/R.1/3123 DT.6.7.11 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXTS: EXT.R1(A): COPY OF GO(P)NO.44/2001/H.EDN. DT.29.3.11. EXT.R1(B): COPY OF GO(RT)NO.1510/09/H.EDN. DT.19.9.09. TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.22086 of 2011 -------------------------------------------------- DATED THIS THE 8th DAY OF DECEMBER, 2011 JUDGMENT The challenge is against Exhibit P7 communication issued by the Accountant General stating that the advance increments on placement to Selection Grade are not admissible from 12.10.1987. 2. The dispute herein normally could not have arisen in the light of the clear directions issued by this Court in Exhibit P3 judgment as confirmed in Exhibit P4 judgment of the Division Bench. The background of the present Writ Petition is the following: 3. The petitioner acquired Ph.D. on 7.4.1997, while he was working as Senior Grade Lecturer. In terms of the UGC Scheme, he sought for grant of two advance increments. The first respondent granted promotion to the petitioner as Selection Grade Lecturer from 7.4.1997, that is, the date of acquisition of Ph.D., even though it fell due only on 12.10.1997. The petitioner himself requested to correct the mistake by Exhibit P1. W.P.(C)No.22086/11 -2- Thereafter, the Government as per its order dated 29.3.2001 accepted the entitlement of the petitioner for two advance increments on acquisition of Ph.D. 4. When the benefit was not granted even thereafter, the petitioner filed W.P.(C)No.19684/2006 before this Court, which was allowed by Exhibit P3 judgment. This Court after considering various aspects directed that the benefits due to the petitioner will be quantified and eligible amounts will be disbursed within a time frame. 5. On the apprehension that the direction as per Exhibit P3 judgment will have the effect of grant of advance increment on acquisition of Selection Grade and not in the lower scale, a Writ Appeal was filed by the respondents therein. In the Writ Appeal also it was made clear that the advance increments attributable to the Ph.D. are not payable on the petitioner acquiring Selection Grade with effect from 12.10.1997. 6. The present dispute raised by the Accountant General in Exhibit P7 is that the Division Bench has clarified that advance increments are not payable, when the petitioner moves to the Selection Grade from 12.10.1997. W.P.(C)No.22086/11 -3- 7. The learned Government Pleader submitted that the grant of advance increments are governed by the provisions of Exhibit R1(a) and the teachers who get advance increments will not be eligible for fixation as per Rule 28A of Part I KSR. My attention was invited to paragraph 2(5) therein also. 8. Heard the learned counsel for the petitioner Shri D.Sreekumar and the learned Senior Government Pleader Shri M.A.Fayaz, appearing for the respondents. 9. The learned counsel for the petitioner submitted that the directions issued by this Court were correctly understood by the first respondent who has issued Exhibit P6 order granting two advance increments from 7.4.1997, the date of award of Ph.D. It is submitted that it is on a misconception of the last sentence in the Division Bench judgment, Exhibit P4 that the Accountant General has taken the view that the advance increments which are granted on 7.4.1997 has to be stopped from 12.10.1997. 10. This Court in the earlier Writ Petition has considered the claims of the petitioner and has made it clear that the advance increments are liable to be granted as on the date of acquisition of Ph.D, namely from 7.4.1997. This was as per the W.P.(C)No.22086/11 -4- UGC Scheme. Once he has earned the said benefit, there cannot be any stoppage of the same, when the petitioner moves to the Selection Grade. Herein what was granted by the judgment of this Court in Exhibits P3 and P4 is now being taken away by the issuance of Exhibit P7. The last sentence in Exhibit P4 judgment only implies that the advance increments are really due from 7.4.1997 and not from 12.10.1997. It cannot be understood as a direction that the payment of advance increments has to be stopped, when the petitioner moves to the Selection Grade as on 12.10.1997. The mistake committed by the authorities earlier was that the Selection Grade was granted from 7.4.1997, instead of sanctioning advance increments from the said date, which was later corrected. The Division Bench only clarified that the advance increments are payable in the Senior Scale on 7.4.1997 and not from the date the petitioner acquires the Selection Grade from 12.10.1997. Beyond that, the last sentence in the judgment did not direct stoppage of the advance increments when he moves to the Selection Grade. 11. The claim for payment of advance increments is a right that is conferred on the teachers like the petitioner. The W.P.(C)No.22086/11 -5- entitlement of the same is under the UGC Scheme. Having conferred such a benefit, it cannot be stopped merely because the petitioner is getting the Selection Grade on a future date. As rightly pointed out by the learned counsel for the petitioner, the benefit, the petitioner is getting by way of Selection Grade promotion is on completion of 16 years of service. Both are unconnected. The Division Bench in Exhibit P4 judgment clearly held that “appellants do not dispute respondent's entitlement for advance increments payable on acquisition of Ph.D. Degree from 7.4.1997.” 12. The learned counsel for the petitioner also relied upon the decision of the Division Bench of this Court in Writ Appeal No.1044/2005. Therein the issue that arose for consideration was regarding the entitlement for two advance increments on acquiring Ph.D. qualification by Lecturers/Selection Grade Lecturers/Professors/Readers under different Universities based on the UGC norms. The Division Bench in paragraph No.5 of the judgment upheld the claim by stating that “however, the increments would be admissible from the date of award of Ph.D Degree”. The entitlement of the petitioner for advance W.P.(C)No.22086/11 -6- increments on acquisition of Ph.D. cannot be disputed in the light of Exhibits P3 and P4 judgments and the UGC Scheme, which benefit alone has been granted to him by Exhibit P6 order, and the same cannot be stopped, since it is the benefit granted to the person concerned on acquisition of Ph.D. Therefore, Exhibit P6 proceedings has rightly granted the same in terms of the directions issued in Exhibits P3 and P4 judgments. The same, therefore could not have objected by the Accountant General as what is flowing from the judgment alone has been granted to the petitioner. In that view of the matter Exhibit P7 is quashed. The Writ Petition is allowed. There will be a direction to the Accountant General to take appropriate steps in terms of the order Exhibit P6 and disburse the benefits along with arrears to the petitioner after re-fixing the same. The amount will be disbursed to the petitioner within a period of two months from the date of receipt of a copy of this judgment. No costs. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn