IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WA.No. 470 of 2008() ---------------------------- JUDGMENT IN WP(C) NO.5600/2007 DT. 30.10.2007. .... APPELLANT: PETITIONER IN WPC. ------------------ JESSYAMMA SEBASTIAN, LECTURER SENIOR SCALE (RETIRED), DEPARTMENT OF HINDI, ALPHONSA COLLEGE, PALA, KOTTAYAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: RESPONDENTS IN WPC ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 3. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM. BY GOVERNMENT PLEADER SRI.K.SANDESH RAJA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- W.A.NO.470 OF 2008 ---------------------------------------------------- Dated this the 16th day of June, 2008. JUDGMENT Ravindran, J: The petitioner in W.P.(C).No.5600 of 2007 is the appellant. By judgment delivered on 30.10.2007 the learned Single Judge dismissed the writ petition. Hence this writ appeal. 2. The appellant commenced regular service as Lecturer (Hindi) in Alphonsa College, Pala, affiliated to the Mahatma Gandhi University in 1996. She superannuated from service on 31.3.2006. She had earlier broken spells of service as Lecturer (Hindi) in Alphonsa College, Pala during the period from 19.1.1984 to 16.3.1984, 23.7.1990 to 25.1.1991 and 2.8.1995 to 13.3.1996. The writ petition was filed contending that in view of Ext.P2 Government Order dated 24.12.1996 the said spells of broken service can be taken into account for the placement in the senior scale under the U.G.C. Scheme, 1998. The writ petition was filed seeking payment of arrears of salary in the U.G.C scale of pay and also revised pensionary benefits. By the judgment under challenge, the learned W.A.NO.470/2008 . 2 Single Judge dismissed the writ petition holding that in view of paragraph 7.1 of G.O.(P) No.171/99/H. Edn. dated 21.12.1999 broken spells of service of less than one year duration cannot be reckoned for placement in the senior scale. 3. We have heard Sri.B. Mohan Lal, the learned counsel appearing for the appellant, Sri. K. Sandesh Raja, the learned Government Pleader appearing for respondents 1 and 2 and Sri.T.A. Shaji, the learned Standing Counsel appearing for the Mahatma Gandhi University. The short question that arises for consideration in this appeal is whether broken spells of service which the petitioner had during the period from 19.1.1984 to 13.3.1996 can be reckoned for the purpose of placement in the senior scale. 4. Counting of past service for the purpose of placement in the senior scale under the U.G.C. Scheme, 1998 is governed by Paragraphs 7.1 to 7.7 of G.O.(P) No.171/99/H. Edn. dated 21.12.1999. Paragraphs 7.1 to 7.7 read as follows: “7.1 Previous service, without any break as a Lecturer of equivalent, in a University, college, national laboratory, or other scientific W.A.NO.470/2008 . 3 organisation, eg. CSIR, ICAR, DRDO, UGC, ICSSR, ICHR and as a UGCR Research Scientist, should be counted for placement of lecturer in Senior Scale/Selection Grade provided that: 7.2 The post was in an equivalent grade/scale of Pay as the post of Lecturer, 7.3 The qualifications for the post were not lower than the qualifications prescribed by the UGC for the post of Lecturer, 7.4 The Candidates who apply for direct recruitment should apply through proper channel; 7.5 The concerned Lecturers possessed the minimum qualifications prescribed by the UGC for appointment as Lecturers: 7.6 The post was filled in accordance with the prescribed selection procedure as laid down by the University/State Government/ Central Government/Institution's regulations. 7.7 The appointment was not ad-hoc or in a leave vacancy of less than one year duration. Ad-hoc service of more than one year duration can be counted provided- (a) the ad-hoc service was of more than one year duration; (b) the incumbent was appointed on the recommendation of duly constituted Selection committee; and © the incumbent was selected to the permanent post in continuation to the ad-hoc service, without any break”. 5. From a reading of relevant provisions of the aforesaid W.A.NO.470/2008 . 4 government order, past service which the petitioner had in Aphonsa College, Pala, cannot be reckoned for the purpose of placement in the senior scale of pay as they were less than one year in duration. In the instant case, the three spells of appointment which the appellant had prior to her regular appointment as Lecturer in Alphonsa College were in leave vacancies, the duration of which was less than one year. Therefore, on the terms of paragraph 7.7 extracted above, the said service cannot be counted for placement in the senior scale. 6. We are therefore in agreement with the learned Single Judge that the appellant is not entitled to count the broken spells of service for the placement in the senior scale. The learned counsel for the appellant, however, relying on Ext.P2 Government Order dated 24.12.1996 and the decision of a Division Bench of this Court in W.A.No.197 of 2006 contended that broken spells of service of less than one year duration can also be reckoned for the said purpose. The decision of the Division Bench in W.A.No.197 of 2006 was also considered by the learned Single Judge. We have gone through the decision of the W.A.NO.470/2008 . 5 Division Bench in W.A.No.197 of 2006. In the said decision also the Division Bench had held that appointment in leave vacancies of less than one year duration will not be reckoned for placement in the senior scale of pay. W.A.No.197 of 2006 was dismissed on the ground that the writ petitioners therein had not claimed the benefit of past service relying on G.O.(P)No.171/99/H.Edn dated 21.12.1999. No other order which enables the appellant to claim placement in the senior scale of pay based on the broken spells of service of less than one year duration was brought to our notice. The conditions governing placement in the senior scale are those set out in G.O.(P) No.171/99/H.Edn dated 21.12.1999. The appellant who claims the benefit of the said government order must satisfy its requirements. We therefore hold that on the terms of paragraph 7.7, which we have extracted above, the broken spells of service which the appellant had prior to her regular appointment cannot be reckoned for placement in the senior scale as the said appointments were in leave vacancies of less than one year duration. The writ appeal accordingly fails and it is dismissed. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. 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