IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 11799 of 2010(Y) ---------------------------------------- PETITIONER(S): ---------------------- DR.K.PRATHAPAN, ASSOCIATE PROFESSOR OF AGRONOMY, KERALA AGRICULTURAL UNIVERSITY, NOW WORKING ARRANGEMENT AS MISSION DIRECTOR, STATE HORTICULTURE MISSION, GOVERNMENT OF KERALA, UNIVERSITY P.O., THIRUVANANTHAPURAM-34. BY SRI.P.RAVINDRAN, SENIOR ADVOCATE SRI.P.DEEPAK SMT.APARNA RAJAN RESPONDENT(S): ------------------------- 1. KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS, VELLANIKKARA, KAU P.O., THRISSUR-680 656, REPRESENTED BY ITS REGISTRAR. 2. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR. BY ADV. SRI.K.P.MUJEEB, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/03/2011, ALONG WITH WPC NO. 18370 OF 2010 THE COURT ON 17/032011 DELIVERED THE FOLLOWING: W.P.(C) NO.11799/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CERTIFICATE ISSUED BY THE RUBBER BOARD DT. 6.1.1999. P2:- COPY OF THE ORDER APPOINTING THE PETITIONER IN THE AGRICULTURAL UNIVERSITY W.E.F. 6.2.1996. P3:- COPY OF THE ORDER DTD. 15.10.2005. P4:- COPY OF THE DECISION DTD. 19.3.2010. P5:- COPY OF THE COMMUNICATION DTD. 26.3.2010. P6:- COPY OF THE COMMUNICATION DT.D 27.3.2010. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 11799/2010-Y & 18370/2010-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March, 2011. JUDGMENT These writ petitions are filed by the same petitioner. In W.P.(C) No.11799/2010 the petitioner was informed by Ext.P6, by the Registrar of the University that the call letter for interview stands cancelled. An interim order was passed in the said writ petition allowing the petitioner to participate in the selection process for the post of Professor, provisionally subject to the result of the writ petition. In the subsequent writ petition, the proceedings of the Registrar as per Ext.P8, has been challenged. 2. Heard learned Senior Counsel for the petitioner Shri P. Ravindran and Shri K.P. Mujeeb, learned Standing Counsel for the University. 3. The exhibits herein are mentioned as produced in W.P.(C) No.18370/2010. Necessary facts for the disposal of the writ petitions are the following: The petitioner is presently working as Associate Professor in Agronomy under the University. Before entering service in the University, he was working in the Rubber Research Institute of India from 25.9.1989. Pursuant to the selection process conducted by the University, he was appointed as Assistant Professor. The petitioner was relieved from wpc 11799 & 18370 of 2010 2 the Rubber Research Institute on 29.1.1996 and he joined the University service on 30.1.1996. Ext.P2 is the order by which he was appointed as Assistant Professor. 4. The petitioner was subsequently promoted as Associate Professor on 30.1. 2005. The dispute herein is with regard to the benefits available under the Career Advancement Programme. The U.G.C. Scheme under which it is sanctioned, has been produced as Ext.P3. Under paragraphs 6.20 to 6.23 an Associate Professor with a minimum period of 8 years of service in that grade, will be eligible for placement as Professor. It is stated that the petitioner has completed 8 years of service as Associate Professor on 25.9.2006. But in the meanwhile, the University passed Ext.P4 order to treat the period of service in Rubber Research Institute of India as equivalent to the service of Assistant Professor in the University. 5. Thus, the contention raised is that if the said period is properly reckoned, he is eligible to be posted as Associate Professor with effect form 25.9.1998 and as Professor from 25.9.2006. He was asked to appear before the Screening Committee for promotion as Professor, on 6.4.2010, but thereafter the call letter was cancelled by Ext.P6 communication. Therein, it was informed that he had availed leave without allowance for employment wpc 11799 & 18370 of 2010 3 abroad for a period of 9 months and 3 days and therefore, he is not eligible for promotion as Professor on the date of scrutiny, i.e. on 6.4.2010. 6. The petitioner submits that the matter has to be considered by the Screening Committee and the Registrar has no role in the matter. It is in that circumstance the petitioner filed the earlier writ petition and pursuant to the interim order he was subjected to the selection process. After Scrutiny Committee's deliberations, orders had to be passed by the Executive committee. Ext.P8 is the order passed by the Registrar, in the meanwhile. which is under challenge. In Ext.P8 the Registrar has taken the view that in the light of Ext.P4 order whereby, the petitioner's service under the Rubber Research Institute is reckoned for placement, he is granted Career Advancement Promotion as Assistant Professor, with effect from 30.1.1997. The Career Advancement Promotion as Associate Professor is granted with effect from 30.1.2002 (completion of five years service as Assistant Professor). Ext.P9 is the copy of the representation filed by him to reconsider Ext.P8, in the light of Ext.P4. 7. Ext.P8 order is under attack on various grounds. In Ext.P8, the date 30.1.1997 is chosen in the light of the fact that under Rule 28(a) of Part II of K.S. & S.S.R., the benefit of promotion will be sanctioned only wpc 11799 & 18370 of 2010 4 on completion of one year service from the date of joining the service of the University. 8. On behalf of the University, a statement and a counter affidavit have been filed. 9. Shri P. Ravindran, learned Senior Counsel for the petitioner submitted that Ext.P4 order recognises the previous service of the petitioner as Junior Assistant in the Rubber Research Institute as equivalent to the service of Assistant Professor in the University. If that be so, by reckoning his date of entry in service as 25.9.1989, the benefits will have to be granted. It is pointed out that he will be entitled for grant of placement as Associate Professor on 25.9.1998, but this is sanctioned it only with effect from 30.1.2002. 10. Objection is also taken with respect to the stipulations in Ext.P8 by prescribing the date 30.1.1997 for placement as Assistant Professor (Senior Scale). It is pointed out that what is important for the purpose of granting Career Advancement Promotion is the completion of certain number of years for the purpose of grant of Assistant Professor (Senior Scale). Therefore, the exclusion of the period of probation and postponement of the said date to 30.1.1997 cannot be recognised. wpc 11799 & 18370 of 2010 5 11. In the counter affidavit filed by the University, after referring to Ext.P4 order, it is stated that the decision of the executive committee was to consider the previous service for the purpose of Career Advancement Promotion and accordingly the Registrar has passed the order. It is pointed out by the learned Standing Counsel that Ext.P4 is applicable only for placement in Assistant Professor (Senior Scale). In such cases, he will have to complete 9 years to become Associate Professor and he becomes eligible for Career Advancement Promotion to Associate Professor on 3.12.2006. It is pointed out that the period of leave without allowance has to be excluded. 12. Learned Senior Counsel for the petitioner submitted that the exclusion of the period of probation and the period of leave without allowance cannot be supported. It is submitted that the period under the leave without allowance will not result in losing the length of service. The only stipulation under Appendix XIIA is that the said person will not be entitled for promotion during the period of leave. It is submitted that the said principle has no application here. 13. This is a case where the petitioner was granted the benefit of U.G.C. Scheme initially as per Ext.R1(b) order. As per the said order the wpc 11799 & 18370 of 2010 6 petitioner was granted the date of effect as Assistant Professor (Senior Scale) from 30.1.2000. Thereafter, by Ext.R1(c) order dated 4.9.2007 the Career Advancement Promotion from Assistant Professor (Senior Scale) to Associate Professor has been granted with effect from 30.1.2005. It is subsequent to that by Ext.P4 order the past service was reckoned for the purpose of placement as Assistant Professor. 14. The concept of Career Advancement Promotion under para 6.20 of Ext.P3 refers to minimum length of service to move into the grade of Assistant Professor Senior Scale as 4 years for those with Ph.D., five years for those with M.Phil. and six years for others of the level of Assistant Professor. For moving into the grade of Assistant Professor (Selection Grade/Associate Professor, the minimum length of service as Assistant Professor (Senior Scale) shall be uniformly five years. 15. Shri K.P. Mujeeb, learned Standing Counsel for the University submitted that under clause 7.1 of the U.G.C. Scheme, past service is counted only for the purpose of placement as Assistant Professor. Herein, Ext.P4 order only recognises that right. It is answered by the learned Senior Counsel for the petitioner by stating that even a cursory reading of clause 7.1 shows that past service should be counted for placement of wpc 11799 & 18370 of 2010 7 Assistant Professor in Senior Scale/Selection Grade. 16. The claim of the petitioner is for grant of placement as Associate Professor from 25.9.1998 and if that be so, he will be entitled to be promoted as Professor in the year 2006. Learned Senior Counsel for the petitioner submitted - without admitting - that even if 9 months and 3 days are further extended, he will be eligible during the year 2007. 17. These are matters for the Scrutiny Committee and the executive committee to consider. Ext.P8 order is passed by the Registrar only. 18. In terms of the interim order passed by this Court, the Scrutiny Committee interviewed the petitioner. Therefore, the matter will have to be considered by the executive committee thereafter. But even before consideration by it, the Registrar passed Ext.P8 order. Evidently, therefore, the claims now raised by the petitioner will have to be considered by the Executive Committee. Therefore, I am not considering the respective contentions on the merits. 19. In the above view of the matter, Ext.P8 order is quashed. There will be a direction to the Executive Committee of the University to consider the various claims of the petitioner and take appropriate decision in accordance with the U.G.C. Scheme and the relevant orders which are in wpc 11799 & 18370 of 2010 8 force. The effect of Ext.P4 order will have to be considered while considering the grant of benefits to the petitioner. The writ petitions are allowed to the above extent. Appropriate decision will be taken and communicated to the petitioner within a period of two months from the date of receipt of a copy of this judgment. It is open to the petitioner to file a fresh representation also in the matter detailing his claims. No costs. (T.R. Ramachandran Nair, Judge.) kav/