IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 14635 of 2009(Y) -------------------------------- PETITIONERS: ---------------- 1. DR.DHANYA VISWAM, LECTURER IN CHEMISTRY, SREE NARAYANA COLLEGE, CHERTHALA, ALAPPUZHA DISTRICT. 2. DR.USHADEVI, LECTURER IN ECONOMICS, SREE NARAYANA COLLEGE, CHERTHALA, ALAPPUZHA DISTRICT. 3. DR.RESHMY, LECTURER IN ZOOLOGY, SREE NARAYANA COLLEGE, CHERTHALA, ALAPPUZHA DISTRICT. 4. DR.VINOD HARIDAS, LECTURER IN BOTONY, SREE NARAYANA COLLEGE, CHERTHALA, ALAPPUZHA DISTRICT. * 5. DR.MAYA, LECTURER IN ZOOLOGY, SREE NARAYANA COLLEGE, CHERTHALA, ALAPPUZHA DISTRICT. * 6. DR.DILEEP, LECTURER IN BOTANY, SREE NARAYANA COLLEGE, CHERTHALA, ALAPPUZHA DISTRICT. * 7. DR.SAKTHI BABU, LECTURER IN ZOOLOGY, SREE NARAYANA COLLEGE, CHERTHALA, ALAPPUZHA DISTRICT. BY MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE. MR.S.SUJIN, ADVOCATE. * 5. DR. MAYA, LECTURER IN ZOOLOGY, S.D.COLLEGE, ALAPPUZHA. 6. DR. DILEEP, LECTURER IN BOTANY, S.D.COLLEGE, ALAPPUZHA. 7. DR.SAKTHI BABU, LECTURER IN ZOOLOGY, N.S.S. COLLEGE, CHERTHALA, ALAPPUZHA DISTRICT. Corrected as per order dt.19/6/09 in IA.7246/09. Sd/- Assistant Registrar. WP(C).No. 14635/2009 ...2... RESPONDENTS: ------------------ 1. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKHAS BHAVAN, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14635 OF 2009 --------------------------------------- Dated this the 28th day of May, 2009. J U D G M E N T The petitioners are working as Lecturers in various Departments in the S.N. College, Cherthala. All of them are having Ph.D in respective subjects. When they were appointed, they were having Ph.D but they were not having NET qualification. They were not getting advance increments in spite of Ph.D which they were holding. 2. By Exhibit P1, the UGC clarified that in supersession of their earlier orders issued in regard to the grant of advance increments to the Lecturers, who have been appointed after availing the exemption from NET on account of having Ph.D, will continue to get the increments. 3. In spite of the same, the Government and its Department were not granting the benefits taking a view that Lecturers are not eligible for advance increments. This is W.P.(C) No.14635/09 2 evidenced by Exhibit P2 letter. Accordingly, by Exhibit P3, the Deputy Director of Collegiate Education issued instructions to the Principals of the Colleges also. But, in some other Colleges, the above scheme was implemented. By Exhibit P5, the Deputy Director of Collegiate Education has sought for clarification from the Director of Collegiate Education, first respondent herein, in the matter. But, so far no further clarifications have been issued. 4. The first petitioner has, therefore, filed a detailed representation as per Exhibit P6 before the first respondent seeking to sanction four advance increments from the date of her appointment. So far no orders have been passed on Exhibit P6. 5. Learned senior counsel for the petitioners submitted that since UGC has clarified the position, there is no reason to deny the benefit to the persons like the petitioners. It is clear from Exhibit P5 also that similar persons are being granted the benefit. Therefore, the 1st respondent will take a decision on Exhibit P6 representation and other similar representations that may be filed by the remaining petitioners within a period of two months from the date of receipt of a copy of this judgment. The W.P.(C) No.14635/09 3 petitioners will produce a copy of this judgment along with copy of the writ petition before the 1st respondent for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp The words “and S.D.College, Alappuzha and N.S.S College, Cherthala” are added after the words “S.N.College, Cherthala” in the 1st sentence of the judgment dated 28/05/2009 in WP(C) 14635/2009 vide order dated 19/06/2009 in I.A.7246/2009 in WP(C) 14635/2009. Sd/- Registrar (Judicial)