IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 17129 of 2009(I) --------------------------------------- PETITIONER(S): ------------------------ DR.C.SUJA, LECTURER (SELECTION GRADE), DEPARTMENT OF HINDI, NIRMALA COLLEGE, MUVATTUPUZHA. BY ADVS. SRI.M.C.CHERIAN SRI.M.A.THOMAS KUTTY SMT.SARAMMA CHERIAN SMT.ASHA CHERIAN SRI.P.M.SANEER RESPONDENT(S): --------------------------- 1. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, O/O. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, CENTRAL ZONE, HOSPITAL ROAD, ERNAKULAM. 2. THE PRINCIPAL, NIRMALA COLLEGE, MUVATTUPUZHA. 3. MAHATMA GANDHI UNIVERSITY, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 4. GOVERNMENT OF KERALA REPRESENTED BY SECRETARY, (HIGHER EDUCATION) SECRETARIAT, THIRUVANANTHAPURAM. R1 & R4 BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD R3 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.17129/2009 APPENDIX PETITIONER'S EXHIBITS: P1(A) COPY OF THE APPOINTMENT ORDER DATED 01/7/1994. P1(B) COPY OF THE RE-APPOINTMENT ORDER DATED 26/9/1995. P1(C) COPY OF THE RE-APPOINTMENT ORDER DATED 6/7/1996. P1(D) COPY OF THE SHIFTING ORDER DATED 15/7/1997. P2(A) COPY OF THE UNIVERSITY ORDER DATED 16/6/1995. P2(B) COPY OF THE UNIVERSITY ORDER DATED 6/8/1997. P2(C) COPY OF THE UNIVERSITY ORDER DATED 22/8/1997. P2(D) COPY OF THE UNIVERSITY ORDER DATED 8/7/1998. P3 COPY OF THE UNIVERSITY ORDER DATED 8/7/2002. P4 COPY OF THE ORDER DATED 8/1/2004 OF THE MANAGER. P5 COPY OF THE REVISED OPTION DATED 30/3/2006 GIVEN BY PETITIONER, ALONG WITH PROFORMA. P6 COPY OF THE ORDER DATED 20/10/2006 OF THE UNIVERSITY. P7 COPY OF THE LETTER DATED 28/5/2008 OF THE UNIVERSITY. P8 COPY OF THE ORDER DATED 19/12/2005 OF THE UNIVERSITY. P9 COPY OF THE RELEVANT PORTION OF G.O. DATED 21/12/1999. P10 COPY OF THE JUDGEMENT DATED 26/9/2005 IN WP(C)NO.16495/2005 OF HON'BLE HIGH COURT OF KERALA. P11 COPY OF THE MEMORANDUM OF APPEAL W.A.NO.197/2006. P12 COPY OF THE JUDGEMENT DATED 15/9/2006 IN W.A.NO.197/2006 OF HON'BLE HIGH COURT OF KERALA. P13 COPY OF THE ORDER DATED 28/5/1999 OF GOVERNMENT OF KERALA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 17129 of 2009-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of June, 2011. JUDGMENT The non disbursement of benefits to the petitioner as Selection Grade Lecturer, in spite of approval by the University, is the grievance raised herein. 2. The objection raised by the respondents is on the ground that the broken spell of service of the petitioner cannot be reckoned for the purpose of grant of monetary benefits, in the light of the UGC Scheme, Ext.P9. The University has taken the stand that the broken spell of service after 1.1.1996 will not be reckoned for the purpose of grant of benefits under the UGC Scheme and accordingly the said period has been excluded in the case of the petitioner. 3. The facts of the case show that the petitioner was initially appointed as Lecturer in Hindi under the Corporate Educational Agency of the Diocese of Kothamangalam, against a leave vacancy, for the period from 1.7.1994 to 30.6.1995 at Nirmala College, Muvattupuzha. Later, she was appointed at Pavanatma College, Murickassery for the period from 26.9.1995 to 25.3.1996 and again for the period from 8.9.1996 to 16.3.1999 wpc 17129/2009 2 at Nirmala College, Muvattupuzha. 4. The petitioner was shifted to a permanent post with effect from 16.7.1997 as per the order of the Manager dated 15.7.1997. These appointment orders have been produced as Exts.P1(a) to P1(d) and the orders granting approval have been produced as Exts.P2(a) to P2(d). 5. Senior Scale was granted to the petitioner as evident from Ext.P3 order of approval dated 8.7.2002 of the University. The same is effective from 8.1.1999. Under the U.G.C. Scheme Ext.P9, the petitioner is entitled for grant of Selection Grade on completion of five years as Lecturer and the Manager promoted her as Lecturer Selection Grade as per Ext.P4 order dated 8.1.2004. The University, while considering the proposal, directed the College to submit a revised proforma by changing the date from 8.1.2004 to 1.4.2004. This was forwarded as per Ext.P5 and the University approved it as per Ext.P6. 6. Thereafter, for claiming the salary, the orders were placed before the first respondent who raised an objection before the University. The University reiterated the stand and informed the first respondent as per Ext.P7, that they have decided that all service in leave vacancies before 1.1.1996 can be reckoned as qualifying service for career advancement. The said decision of the University is evident from Ext.P8 proceedings. The petitioner also relies upon Ext.P10 judgment of a learned Single Judge wpc 17129/2009 3 of this Court, wherein it has been held that the broken period also can be counted for reckoning qualifying service. The decision of a Division Bench of this Court in W.A. No.197/2006 has also been produced as Ext.P12. 7. The stand of the University as evident from the counter affidavit, is that the University as per order dated 19.12.2005 (Ext.P8) has resolved that all broken spells of service prior to 1.1.1996 which were approved by the respective Deputy Directors of Collegiate Education, shall be reckoned as qualifying service for career advancement as Lecturer Senior Scale/Lecturer Selection Grade. Besides, vide G.O.(Ms) No.4/08/H.Edn. dated 14.1.2008 the Government has ordered that the placements given to teachers upto 21.12.1999 need not be re-opened. The University by letter dated 28.5.2008 brought these points to the notice of the Deputy Director of Collegiate Education, Ernakulam and informed him that the promotion granted to the petitioner as Lecturer Senior Scale with effect from 8.1.1999 need not be reviewed. It is also mentioned in para 8 of the counter affidavit that while approving the promotion of the petitioner as Lecturer Selection Grade with effect from 1.4.2004 the University took measures to ensure that her service in leave vacancy from 1.1.1996 to 25.3.1996 was not reckoned as qualifying service. 8. Learned Govt. Pleader, by relying upon the Scheme Ext.P9, wpc 17129/2009 4 especially para 7.7, submitted that the adhoc service in a leave vacancy of less than one year cannot be reckoned for counting the qualifying service. 9. Herein, the factual matrix show that certain aspects require close scrutiny. Evidently, going by para 6.20 of the Scheme Ext.P9, what is required for grant of Selection Grade is minimum length of service of five years as Lecturer Senior Scale. If that be so, the petitioner has completed the said minimum service of five years, since Senior Scale has been granted with effect from 8.1.1999 as evident from Ext.P3 and the Selection Grade is granted only from 1.4.2004. Therefore, it is not a case where the broken spell of service is reckoned for the purpose of granting Selection Grade. Ext.P9 shows that the said Scheme is effective from 1.1.1996. 10. Learned counsel for the petitioner submitted that the broken spell has been counted for granting Senior Scale, but, it is evident that the same was never sought to be reviewed at the instance of the first respondent. It is further pointed out by the learned Govt. Pleader that at that point of time no proper scrutiny was made and therefore the said aspect was not considered. But as the present objection is only in respect of the grant of Selection Grade and as the University has already clarified the same by Ext.P7, in the light of the Division Bench decisions of this Court in Cherian Mathew v. Principal, S.B. College, Changanassery (1998 (2) KLT 144) and Shalini Rachel v. Manager, Christian College (2007 (3) KLT 355), the first wpc 17129/2009 5 respondent is bound to disburse the benefits in terms of the approval granted by the University. 11. The decision of the University, as already noticed, is not to recognise any period of leave vacancy of less than one year after 1.1.1996, in the light of para 7.7 of Ext.P9 Scheme. Even though learned Govt. Pleader relied upon the decision of a Division Bench of this Court in W.A.No.470/2008, the said question was not the one raised therein for consideration. Apart from that, in this case the petitioner has already completed five years service in the Senior Scale, as noticed above. 12. For all these reasons, the petitioner is entitled to succeed in this writ petition. Therefore, the writ petition is allowed. There will be a direction to the first respondent to honour the bills forwarded by the Principal and disburse the benefits to the petitioner along with arrears expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. No costs. (T.R. Ramachandran Nair, Judge.) kav/