IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 16199 of 2007(C) ------------------------------------- PETITIONER(S): -------------------------- DR.B.PRADEEP, READER, DEPARTMENT OF PHYSICS, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY COCHIN UNIVERSITY POST, COCHIN - 682 022. R/AT " KARTHIKA ", DOOR NO.22/284, UNIVERSITY TEMPLE ROAD, COCHIN UNIVERSITY POST, COCHIN - 682022. BY ADV. MR.MILLU DANDAPANI RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION (J), GOVERNMENT SECRETARIAT, TRIVANDRUM - 695001. 2. THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY POST, KALAMASSERY, COCHIN – 682022. R1 BY GOVT. PLEADER SMT.M.R.SREELATHA R2 BY ADV. DR.K.P.SATHEESAN, SC COCHIN UNIVERSITY, MR.S.P.ARAVINDAKSHAN PILLAI,SC,COCHIN UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2009, ALONG WITH WPC NO. 22793 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16199/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.GO(P) 79/90/H.EDN. DTD. 27.3.90 ISSUED BY HIGHER EDUCATION (B) DEPT. P2:- COPY OF THE ORDER NO.AD.D2/31158/85/11 DTD. 22.12.04 ISSUED BY 2ND RESPONDENT. P3:- COPY OF THE ORDER NO.AD.D2/1138/88 DTD. 27.6.95. ISSUED BY 2ND RESPONDENT. P4:- COPY OF THE ORDER NO.AD. D2/1138/88/ DTD. 22.2.07 ISSUED BY 2ND RESPONDENT. P5:- COPY OF THE ORDER NO.AD.D2/3158/85/IV(1) DTD. 5.9.97 ISSUED BY 2ND RESPONDENT. P6:- COPY OF THE ORDER NO.AD.D1/1138/88 DTD. 28.11.98 ISSUED BY 2ND RESPONDENT. P7:- COPY OF THE ORDER NO.II/F/913/94/VIII DTD. 28.1.99 ISSUED BY 2ND RESPONDENT TO PETITIONER. P7(a):- COPY OF THE RECEIP NOS. 114289 AND 114467 DTD. 17.7.99 AND 20.7.99 FOR RS. 2,293/- AND RS. 12,685/- RESPECTIVELY ISSUED BY THE 2ND RESPONDENT. P8:- COPY OF THE ORDER NO.AD.D2/6889/92/II DT. 13.9.99 ISSUED BY 2ND RESPONDENT. P9:- COPY OF THE CIRCULAR NO.FIN. V/UGC/-PR-96/2000-01 DTD. 16.11.2000 ISSUED BY 2ND RESPONDENT. P10:- COPY OF THE PAY REVISION ORDER NO.FIN. V/UGC-PR-96/2000/7 DTD. 29.11.2000 ISSUED BY 2ND RESPONDENT. P11:- COPY OF THE ORDER NO.AD.D1/1138/88 DTD. 18.3.04 ISSUED BY 2ND RESPONDENT. P12:- COPY OF THE ORDER NO.1772/B2/99/H.EDN. DTD. 22.12.99 ISSUED BY IST RESPONDENT TO 2ND RESPONDENT. P13:- COPY OF THE REPORT NO.LF (CUSAT) A5-136/99 DTD. 5.4.99 SUBMITTED BY GOVERNMENT AUDITOR, CUSAT TO IST RESPONDENT. P14:- COPY OF THE REPRESENTATION DTD. 22.1.07 SUBMITTED BY PETITIONER BEFORE THE REGISTRAR , CUSAT. W.P.(C) NO.16199/2007 P15:- COPY OF THE LETTER DTD. 6.3.07 ISSUED BY REGISTRAR, CUSAT TO PETITIONER. P16:- COPY OF THE PARTICULARS OF QUALIFICATION AND THE LIST OF PUBLICATIONS OF THE PETITIONER. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE ORDER NO.AD. D2/31158/85IV DTD. 5.9.97. R2(b):- COPY OF THE ORDER GOVERNMENT LETTER NO.F1-56/98-UI DTD. 18.10.02. R2(c):- COPY OF THE ORDER NO.AD. D11. 1/4375/94 DTD. 14.3.97 ISSUED BY THE UNIVERSITY OF KERALA. R2(d):- COPY OF THE ORDER NO.GAII/C1/2843/2000 DTD. 27.2.07 OF THE UNIVERSITY OF CALICUT. R2(e):- COPY OF THE ORDER UNIVERSITY ORDER NO.AD.A1/G.C/2008 DTD. 18.12.08. R2(f):- COPY OF THE UNIVERSITY ORDER NO.AD.D2/NPS/31158/2009 DTD. 3.4.09 R2(g):- COPY OF THE UNIVERSITY ORDER NO.AD. D2/31158/99/III DTD. 10.4.02. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.16199/2007-C & 22793/2007-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of October, 2009 J U D G M E N T The petitioners herein are employed as Readers in the respective departments under the Cochin University of Science and Technology. These writ petitions are filed seeking inter alia for a direction to promote the petitioners to the post of Professors under the Norms Advancement Scheme which existed prior to the introduction of the U.G.C scheme. 2. The University has filed counter affidavits in both the writ petitions. It is stated therein that the Syndicate at its meeting held on 18/10/2008 accepted the recommendations of the Grievance Committee and, University Order No.Ad.A1/G.C/2008 dated 18/12/2008 [Ext.R2(g)] has been issued in this regard. It is also submitted that subsequent to the Syndicate decision, the promotions granted to the teachers of the University under the Norms Promotion Scheme after 31/03/1990 were reviewed as per the guidelines laid down by the Grievance Redressal Committee and the promotions granted to about 59 teachers of the University have been regularised. The name of the petitioner in W.P.(C).No.16199/2007 figures as serial No.25 and the petitioner in W.P.(C).No.22793/2007 figures as W.P.(C). Nos.16199/2007 & 22793/2007 -:2:- Sl.No.52 in the Appendix to Ext.R2(h) University Order, and the Norms Promotions granted to them as Readers have been regularised with effect from 04/03/1995 and 25/02/1995 respectively. It is assured that the promotions of the petitioners to the post of Professor can be considered only after assessing them by a selection committee, under the Career Advancement Scheme of the U.G.C. 3. In the light of the averments made by the University in the counter affidavit, the learned Senior Counsel appearing for the petitioners submitted that the respondents may be directed to finalise the matter within a time frame. 4. Therefore, there will be a direction to the respondents to finalise the formation of the Selection Committee and the evaluation by them and also the action to be taken regarding the promotions of the petitioners within a period of two months from today. The writ petitions are disposed of accordingly. No costs. (T.R. Ramachandran Nair, Judge.) ms