IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 WP(C).No. 17518 of 2009(H) --------------------------------------- PETITIONER(S): ----------------------- SMT.PRIYALAKSHMI.G., LECTURER IN ZOOLOGY, BHARATH MATA COLLEGE, TRIKAKARA, ERNAKULAM. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, O/O.THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. 3. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM. 4. THE MANAGER, BHARATH MATA COLLEGE, THRIKKAKARA, ERNAKULAM. 5. THE PRINCIPAL, BHARATH MATA COLLEGE, THRIKKAKARA, ERNAKULAM. R1 & R2 BY GOVT. PLEADER SMT.M.R.SREELATH R3 BY ADV. SRI.T.A.SHAJI, SC R5 BY ADV. SRI.V.M.KURIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17518/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPROVAL ORDER ISSUED BY THE UNIVERSITY DTD. 8.7.1996. P2:- COPY OF THE APPROVAL ORDER ISSUED BY THE UNIVERSITY DTD. 27.5.1997. P3:- COPY OF THE ORDER APPROVING THE APPOINTMENT OF THE PETITIONER TO LECTURER SENIOR SCALE. P4:- COPY OF THE COMMUNICATION ISSUED BY THE DEPUTY DIRECTOR DTD. 21.11.2008. P5:- COPY OF THE GOVERNMENT ORDER G.O.(P) NO.171/99/H.EDN. DTD. 21.12.1999. P6:- COPY OF THE CLARIFICATION ISSUED BY THE M.G.UNIVERSITY DTD. 18.2.200.8. P7:- COPY OF THE ORDER ISSUED BY THE DEPUTY DIRECTOR DTD. 10.4.2008. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 17518 of 2009-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2011. JUDGMENT The petitioner is aggrieved by Ext.P4 communication issued by the Deputy Director of Collegiate Education rejecting the senior scale promotion on the plea that the workload does not justify it. 2. The petitioner was appointed as a Lecturer in Zoology under the fourth respondent College on 18.9.2005. It was for a short term leave vacancy upto 26.3.1996 which was approved as per Ext.P1. Being a claim holder, she was reappointed as Lecturer in Zoology on 3.6.1996 to the retirement vacancy consequent on the retirement of Sr. Vincent Mary. The said appointment was approved as per Ext.P2 order of the University. 3. G.O.(P) No.171/99/H.Edn. dated 21.12.1999 provides for various benefits including grant of senior scale. A lecturer will be eligible for placement in a senior scale through a procedure of selection, if she/he has completed 6 years of service after regular appointment with relaxation of one year and two years, respectively, for those with M.Phil. and Ph.D. Certain other conditions have also been provided therein. Similarly, a senior scale lecturer on completion of five years in that cadre, is entitled to wpc 17518/2009 2 move to the cadre of lecturer selection grade. 4. On completion of six years of service, she moved to the category of Lecturer senior scale which was ordered by grant of approval by the University as per Ext.P3. Accordingly, the Principal forwarded the details to the Deputy Director of Collegiate Education for payment of salary. The same was returned by Ext.P4 as noted above. Learned counsel for the petitioner submitted that once the approval is granted by the University, payment of salary cannot be refused. It is further pointed out that as far as grant of senior scale is concerned, it depends upon the number of years completed by the lecturer concerned and therefore the stand taken that the work load does not support the same is not correct, since she is already continuing as Lecturer pursuant to a valid appointment. 5. The eligibility criteria for moving to Lecturer Senior grade is six years of service and attendance of refresher courses. The same are satisfied in the case of the petitioner. A copy of the Govt. Order has been produced as Ext.P5. It is not the stand of the Deputy Director of Collegiate Education that any of the provisions of Ext.P5 have not been considered by the University, in Ext.P4. Para 6.20 provides for career advancement. It is in terms of the career advancement scheme as per para 6.25, the benefit has been granted to the petitioner. It depends upon the completion of relevant wpc 17518/2009 3 number of years, viz. six years of service with relaxation of one year and two years respectively for those with M.Phil and Ph.D. 6. In that view of the matter, Ext.P4 cannot be supported and the same is accordingly quashed. There will be a direction to the Deputy Director of Collegiate Education to honour the bills forwarded by the fifth respondent Principal and the same will be sanctioned and the amounts including arrears will be disbursed within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/ The date “18.9.2005” occurring in the first sentence of paragraph 2 of the judgment daetd 25.2.2011 in W.P.(C) No.17518/2009 is substituted with “18.9.1995” as per order dated 29.3.2011 in I.A. No.5478/2011. sd/- Registrar (Judicial)