IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 28494 of 2008(P) ------------------------------------- PETITIONER(S): ------------------------- MADHAVAN.S., LECTURER IN ZOOLOGY (SELECTION GRADE), MAHARAJA'S COLLEGE, ERNAKULAM RESIDING AT:NO.2, DOCTORS' QUARTERS, EAST CHURCH ROAD, ANGAMALY. BY ADVS.MR.MURALI PURUSHOTHAMAN MR.DEEPU LAL MOHAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE ADDITIONAL DIRECTOR OF COLLEGIATE EDUCATION, UGC CELL, VIKAS BHAVAN, THIRUVANANTHAPURAM. R1 TO R3 BY SR. GOVERNMENT PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28494/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COMMUNICATION NO.GA-A1/7618/79 DTD. 3.12.1979 ISSUED BY THE UNIVERSITY OF CALICUT TO PRINCIPAL, CHRIST COLLEGE, IRINJALAKUDA. P2:- COPY OF THE COMMUNICATION NO.D-68510/79 DTD. 10.3.80 FROM THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION TO THE PRINCIPAL. P3:- COPY OF THE APPOINTMENT ORDER ISSUED BY THE 2ND RESPONDENT NO.ESTT. A1-9479/80 DTD. 14.7.80. P4:- COPY OF THE CERTIFICATE NO.E1-739/04 DTD. 28.2.04 ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR. P5:- COPY OF THE CIRCULAR NO.UGC CELL III 48198/1990/DCE DTD. 18.10.90 ISSUED BY THE 3RD RESPONDENT. P6:- COPY OF THE REPRESENTATION DTD. 19.3.91 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P7:- COPY OF THE CIRCULAR NO.UGC CELL III 2/53667/97 DTD. 14.10.97 OF THE 2ND RESPONDENT. P8:- COPY OF THE APPLCIATION SUBMITTED BY THE PETITIONER DTD. 20.3.1998. P9:- COPY OF THE REPRESENTATION DTD. 20.3.98 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P10:- COPY OF THE PROCEEDINGS OF THE ADDITIONAL DIRECTOR OF COLLEGIATE EDUCATION NO.UGC CELL III 33605/02/COLL. EDN. DTD. 29.10.02. P11:- COPY OF THE REPRESENTATION DTD. 15.1.03 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P12:- COPY OF THE LETTER NO.B1/200/03 DTD. 10.2.03 OF THE PRINCIPAL, MAHARAJAS COLLEGE, ERNAKULAM ADDRESSED TO THE 2ND RESPONDENT P13:- COPY OF THE LETTER NO.UGC.CELL.III (2) 9256/03 DTD. 26.10.04 ADDRESSED TO THE PRINCIPAL , MAHARAJAS COLLEGE, ERNAKULAM. P14:- COPY OF THE G.O.(MS) NO.125/99/H.EDN. DTD. 7.10.99 ISSUED BY THE IST RESPONDENT. P15:- COPY OF THE REPRESENTATION DTD. 2.2.05 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P16:- COPY OF THE LETTER NO.UGC. CELL III(2) 9256/03 /COLL. EDN. DTD. 17.9.07 OF THE 2ND RESPONDENT. W.P.(C) NO.28494/2008 P17:- COPY OF THE LETTER NO.16050/C3/2005/H.EDN. DTD. 30.9.05 OF THE IST RESPONDENT ADDRESSED TO THE 2ND RESPONDENT. P18:- COPY OF THE LETTER NO.UGC. CEL III(2) 9256/2003/COLL. EDN. K.DIS DTD. 16.4.08 ADDRESSED TO THE PRINCIPAL, MAHARAJAS COLLEGE, ERNAKULAM. P19:- COPY OF THE ORDER NO.UGC. CELL. III(2) 29198/90 DTD. 15.11.99 OF THE 3RD RESPONDENT. P20:- COPY OF THE ORDER NO.UGC. CELL. III 41436/COLL. EDN. DTD. 23.12.95. P21:- COPY OF THE LETTER NO.GE-10/UGC/D/G1/3009 DTD. 15.10.92 OF THE ACCOUNTANT GENERAL (A&E), KERALA. P22:- COPY OF THE JUDGMENT DTD. 22.1.04 IN WPC. 17103/03 OF THIS HONOURABLE COURT. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.28494 of 2008-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of November, 2009. JUDGMENT The petitioner, a Lecturer in Zoology (Selection Grade), is aggrieved by Exts.P13, P16, P17 and P18 orders and he further seeks for a direction to the second respondent to count private college service rendered by him in Christ College from 2.8.1979 to 20.7.1980, for the purpose of placement in Senior Scale/Selection Grade. 2. The petitioner was initially appointed as Junior Lecturer in Zoology in Christ College, Irinjalakuda on 2.8.1979, which was against a leave vacancy of not less than one year from 18.7.1979 to 17.7.1980. The said appointment was approved by the Calicut University, going by Ext.P1 communication. Ext.P2 is the sanction accorded by the Directorate of Collegiate Education, in the matter. 3. While working in Christ College, he was advised by the Public Service Commission for appointment as Junior Lecturer in Collegiate Education Service and was appointed as per Ext.P3 order dated 14.7.1980. He joined service in the Collegiate Education Service on 21.7.1980. The wpc 28494/2008 2 petitioner is entitled for the benefit of UGC scheme, viz. for placement as Lecturer Senior Scale with effect from 2.8.1987 by counting his aided college service also. But he was placed in the said scale only with effect from 1.4.1989. Challenging the same, the petitioner filed Ext.P6 representation and he claimed the benefit of Ext.P7 circular also as per Ext.P8. Ext.P9 is a further representation filed by him seeking to place him in the senior scale with effect from 2.8.1987. 4. In the meanwhile, the petitioner was placed in the selection grade with effect from 1.4.1996 after acquisition of M.Phil in December 1994. It is complained that therein also his private college service has not been reckoned and the anomaly was pointed out in his earlier representations were not rectified also. This resulted in submitting Ext.P11 representation. The Principal of the College also communicated a letter as per Ext.P12. Ext.P11 was rejected by the second respondent as per Ext.P13. The view taken is that the previous service to be reckoned for placement under the UGC Scheme should not be less than one year duration and since the petitioner is having previous service of 9 months and 23 days, the said service cannot be considered for placement. Again, he filed Ext.P15 representation before the third respondent to reexamine the same. He was given a reply by Ext.P16 in response to an application filed under the Right wpc 28494/2008 3 to Information Act. Ext.P17 communication of the Government was also enclosed along with Ext.P16. Ext.P18 is a further communication sent to the petitioner by the second respondent relying upon Ext.P17, rejected the claim of the petitioner. The petitioner has got a case that in respect of other similarly placed lecturers, going by Exts.P19 and P20, similar benefits were granted. 5. The petitioner has produced along with the reply affidavit the judgment of a learned Single Judge of this Court in W.P.(C) No.17103/2003 as Ext.P22, wherein it was held that even broken period of service can be reckoned for placement in senior grade/selection grade. 6. Heard learned counsel for the petitioner and learned Govt. Pleader. 7. It is mainly contended by the learned counsel for the petitioner that what is relevant is the duration of the vacancy which is beyond one year. Reliance is also placed on the decision of this Court in Unni Narayanan v. State of Kerala (2009 (2) KLT 604) in this regard. It is submitted that at any rate, the petitioner is entitled for the benefit of Ext.P22 judgment. 8. In the light of the above, the matter will be reconsidered by the wpc 28494/2008 4 Government and to enable the Government to do so, the impugned orders Exts.P13, P16, P17 and P18 are quashed. The issue will be reconsidered after considering the effect of Ext.P22 judgment and the judgment in Unni Narayanan’s case (2009 (2) KLT 604). Appropriate orders shall be passed by the competent authority among the respondents within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner will make available a copy of Ext.P22 judgment and a copy of the judgment in Unni Narayuanan’s case (supra) to the second respondent along with a copy of this judgment. The writ petition is accordingly disposed of. No costs. (T.R. Ramachandran Nair, Judge.) kav/