IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 22256 of 2008(Y) -------------------------- PETITIONER(S): ------------------- R.CHITHRAJAKUMAR, SUB EDITOR, DEPARTMENT OF MALAYALAM LEXICON, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. BY ADV. SRI.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR SMT.SUSHYA RAJAN RESPONDENT(S): ------------------- 1. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR.UNIVERSITY BUILDINGS, THIRUVANANTHAPURAM. 2. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22256/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: THE PHOTOSTAT COPY OF THE ORDER NO.AD.D1(1) 1220/84 DT 23.1.1987 ISSUED BY THE DEPUTY REGISTRAR (ADMN) UNIVERSITY OF KERALA, TRIVANDRUM TO THE PETITIONER. EXT.P2: THE PHOTOSTAT COPY OF THE JUDGMENT DT 25.9.2000 IN OP NO.15370/96 PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. EXT.P3: THE PHOTOSTAT COPY OF THE ORDER NO.AD.D.III(1) 9734/2000 DT 30.12.2000 PASSED BY THE UNIVERSITY OF KERALA. EXT.P4: THE PHOTOSTAT COPY OF THE JUDGMENT DT 6.8.2003 INOPNO.22727/2001-E PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. EXT.P5: THE PHOTOSTAT COPY OF THE JUDGMENT DT 30.1.2006 IN WA NO.1602 OF 2003(A) PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. EXT.P6: THE PHOTOSTAT COPY OF THE ORDER NO.AD.D.III(1) 9734/2000 DT 25.5.2005 ISSUED BY THE UNIVERSITY OF KERALA AT THIRUVANANTHAPURAM. EXT.P7: THE PHOTOSTAT COPY OF THE ORDER NO.AD.D.III(1) 9734/2000 DT 25.8.2005 ISSUED BY THE UNIVERSITY OF KERALA AT THIRUVANANTHAPURAM. EXT.P8: THE PHOTOSTAT COPY OF THE ORDER DT 6.12.2005 GRANTED TO THE PETITIONER U.G.C. PAY REVISION FROM 1996 ISSUED BY THE FINANCE OFFICER, UNIVERSITY OF KERALA. EXT.P9: THE PHOTOSTAT COPY OF THE REPRESENTATION DT 4.3.2006 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDNET VICE CHANCELLOR OF THE UNIVERSITY OF KERALA, TRIVANDRUM. EXT.P10: THE PHOTOSTAT COPY OF THE REMINDER DT 11.5.2006 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. EXT.P11: THE PHOTOSTAT COPY OF THE JUDGMENT DT 9.3.2007 INWPC NO.7926 OF 2007(R) PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. EXT.P12: THE PHOTOSTAT COPY OF THE REPRESENTATION DT 22.3.2007 SUBMITTED BY THE PETITIONER TO THE REGISTRAR, UNIVERSITY OF KERALA, MALAYALAM LEXICON DEPARTMENT. WPC NO.22256/08 -2- EXT.P13: THE PHOTOSTAT COPY OF THE COMMUNICATION NO.AD.D11.3.2711/95 DT 23.3.2007 ISSUED BY THE REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. EXT.P14: THE PHOTOSTAT COPY OF THE REPRESENTATION DT.3.4.2007 SUBMITTED BY THE PETITIONER TO THE REGISTRAR, MALAYALAMLEXICON DEPARTMETN, UNIVERSITY OF KERALA, TVM. EXT.P15: THE PHOTOSTAT COPY OF THE COMMUNICATION NO.AD.D11.3.2711/95 DT 9.5.2007 ISSUED BY THE DEPUTY REGISTRAR,UNIVERSITY OF KERALA AT THIRUVANANTHAPURAM. EXT.P16: THE PHOTOSTAT COPY OF THE REPRESENTATION DT 24.5.2007 SUBMITTED BY THE PETITIONER TO THE VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. EXT.P17: THE PHOTOSTAT COPY OF THE COMMUNICATION NO.AD.D11.3.2711/95 DT 21.6.2007 ISSUED BY THE DEPUTY REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. EXT.P18: THE PHOTOSTAT COPY OF THE CERTIFICATE DT 17.12.2007 ISSUED BY THE U.G.C.ACADEMIC STAFF COLLEGE, UNIVERSITY OF KERALA TO THE PETITIONER. EXT.P19: THE PHOTOSTAT COPY OF THE REPRESENTATION DT 21.12.2007 SUBMITTED BY THE PETITIONER TO THE VICE CHANCELLOR, KERALA UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. EXT.P20: THE PHOTOSTAT COPYOF THE ORDER NO.AD.D11.3.2711/95 DT 7.2.2008 ISSUED BY THE DEPUTY REGISTRAR, KERALA UNIVERSITY. EXT.P21: THE PHOTOSTAT COPY OF THE GOVERNMENTORDER G.O.(P) NO.79/90/H.EDN. DT 27.3.1990 ISSUED BY THE GOVERNMENT. EXT.P22: THE PHOTOSTAT COPY OF THE GOVERNMENT ORDER G.O(MS) NO.152/99/H.EDN. DT 17.11.1999 ISSUED BY THE GOVERNMENT. EXT.P23: THE PHOTOSTAT COPY OF THE CIRCULAR NO.AC.F.V./1.2111/97 DT 26.9.2001 ISSUED BY THE DEPUTY REGISTRAR, UNIVERSITY OF KERALA AT THIRUVANANTHAPURAM. EXT.P24: THE PHOTOSTAT COPY OF THE COMMUNICATION NO.F2- 16/2002(PS) DT 13.1.2007 ISSUED BY THE UNDER SECRETARY, UNIVERSITY GRANTS COMMISSION, NEW DELHI 110 002. EXT.P25: THE PHOTOSTAT COPY OF THE CIRCULA NO.AC.F.V./2111/97 DT 13.3.2002 ISSUED BY THE DEPUTY RGISTRAR,UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. WPC NO.22256/08 -3- EXT.P26: THE PHOTOSTAT COPY OF THE REPRESENTATION DT.4.8.08 SUBMITTED BY THE PETITIONER BEFORE THE ACADEMIC STAFF COLLEGE, KERALA UNIVERSITY, TRIVANDRUM. EXT.P27: THE PHOTOSTAT COPY OF THE LETTER NO.DEPT.OFMAL.LEX/2008 DT 21.8.2008 ISSUED BY THE EDITOR, MALAYALAM LEXICON TO THE PETITIONER. EXT.P28: THE PHOTOSTAT COPY OF THE REPRESENTATIONDT 14.8.2008 SUBMITTED BY THE PETITIONER BEFORE THE ACADEMIC STAFF COLLEGE,KERALA UNIVERSITY, TRUAVANDRUM. EXT.P29: THE PHOTOSTAT COPY OF THE COMMUNICATION NO.DEPT.OFMAL.LEX/2008 DT 22.8.2008 ISSUED BY THE EDITOR, MALAYALAM LEXICON TO THE PETITIONER. EXT.P30: THE PHOTOSTAT COPY OF THE ORDER NO.F.2.16/2002(PS) DT 18.7.2008 ISSUED BY THE UNDER SECRETARY, UNIVERSITY GRANTS COMMISSION,BAHADURSHAH ZAFAR MARG,NEW DELHI 110 002. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 22256 OF 2008 (Y) ==================== Dated this the 27th day of November, 2008 J U D G M E N T Petitioner was appointed as a Sub Editor in the Department of Malayalam Lexicon in the University of Kerala. According to the petitioner, in implementation of Exts. P4 and P5 judgments, by Ext.P6 order, he was extended the benefit of UGC Scale. Exts. P7 and P8 are the orders of fixation of pay and pay revision. 2. Petitioner submits that in terms of UGC Scheme, he is entitled for senior grade on completion of 8 years from 1987 and selection grade on completion of a total service of 11 years. When this benefit was not given, he approached this Court and pursuant to the directions issued by this Court in Ext.P11 judgment in WP(C) No.7926/07, his claim was considered by the University, but the same was negatived by Ext.P13 order, on the ground that the petitioner should undergo refresher courses. 3. Petitioner pursued the matter by filing Ext.P14 reply and that was also rejected by Ext.P15. Ext.P16 representation filed before the Vice Chancellor also met with rejection by Ext.P17. It is pointed out that by Ext.P20, his claim was once again rejected. It is in this background writ petition has been filed praying to quash Exts. P13, P15, P17 and P20 and WPC 22256/08 :2 : to direct the University to grant the petitioner senior grade as also selection grade on completion of 8 years and 11 years of total service in the University. 4. University has filed a counter affidavit. According to the University, in terms of Ext.P21 scheme, a Lecturer with 8 years is eligible for senior grade only after undergoing the prescribed number of refresher courses. It is stated that for confirming selection grade also, all conditions including undergoing of two refresher courses is a mandatory requirement. It is stated that as the petitioner has not undergone refresher courses, he cannot claim placement in either senior grade or selection grade. 5. In my view, the petitioner's claim has to be considered in the light of Exts.P23 and P25 orders. Ext.P23 to the extent it is relevant, reads as under. The University after detailed consideration of the matter resolved to consider the placement/promotion of teachers into Senior Grade, Selection Grade and Reader due as on or before 31/3/2001, though they have not completed the required number of Refresher/Orientation Course, provided such teachers satisfy the other conditions stipulated in the circulars already issued in this regard. The relevant portion of Ext.P25 also reads as under: Thus a teacher who has completed 11 (eleven) years of total service on after 27.7.98 may be placed in the selection grade. The teachers who have passed M.Phil and WPC 22256/08 :3 : or obtained a Ph.D before getting placement into senior scale, may be placed into selection grade on completion of 10(ten) years and 9 (nine) years respectively. However the teachers who passed M.Phil and/or acquired Ph.D after getting placement in the senior scale shall not be eligible to get relaxation of one year for M.Phil and two years for Ph.D 6. As already noticed, petitioner entered service in 1987. He completed 8 years in 1995. 8 years is the prescribed length of service for placement in senior grade. Going by Ext.P23, to those who were eligible for placement in senior grade, selection grade or Reader on or before 31/3/2001, there is a relaxation of condition requiring them to undergo Refresher Courses. Since the petitioner had become eligible for his placement in the senior grade in 1995, petitioner is eligible for the benefit of Ext.P23. 7. Now coming to the petitioner's claim for placement in the selection grade, making reference to Ext.P21, counsel for the University contended that a Lecturer has to complete service of 8 years in the senior grade. However, Ext.P25 order reveals that a teacher who has completed 11 year of total service on or after 27/7/98, is eligible to be placed in the selection grade. In this case, petitioner claims eligibility for the benefit of the aforesaid provision in Ext.P25 on the basis that he completed 11 years on 27/7/98. If factually what the petitioner asserts is correct, he need not WPC 22256/08 :4 : undergo 8 years service in the senior grade as contended by the counsel for the University, but need only undergo total service of 11 years for placement in the selection grade. 8. Though the counsel for the University contended that for placement in the selection grade, a lecturer in the senior grade should undergo refresher courses, that also stands dispensed with in view of the provisions contained in Ext.P23. Thus, the reasons contained in Exts. P13, P15 , P17 and P20, for rejecting the claim of the petitioner cannot be approved. University necessarily has to reconsider the claim of the petitioner giving him the benefit of Exts. P23 and P25 and pass fresh orders dealing with his claim for placement in the senior grade and selection grade in terms of the career advancement scheme formulated by the UGC. 9. The matter shall be reconsidered as above and orders shall be passed as expeditiously as possible, at any rate within 3 months of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp