IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 19330 of 2008(A) -------------------------- PETITIONER: ------------ DR.SUNNY JOSEPH, LECTURER (SELECTION GRADE) DEPARTMENT OF COMMERCE, ST.THOMAS COLLEGE PALAI. BY ADV. SRI.BENOY K.KADAVAN RESPONDENTS: ------------- 1. DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM 2. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOTTAYAM 3. PRINCIPAL, ST.THOMAS COLLEGE PALAI. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE DEGREE CERTIFICATE OF Ph.D AWARDED TO THE PETITIONER EXT.P2 TRUE COPY OF THE PROPOSAL FOR FIXATION OF PAY DUE TO THE INCENTIVE FOR Ph.D EXT.P3 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE FIRST RESPONDENT EXT.P4 TRUE COPY OF THE JUDGMENT IN WA NO.118/2005 //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.19330 of 2008 A -------------------------------------- Dated this the 26th day of June, 2008. J U D G M E N T The learned Government Pleader takes notice for respondents 1 and 2. In the manner in which I propose to dispose of the Writ Petition, I do not think that it is necessary to issue notice to the third respondent. 2. The petitioner states that he joined the service as Junior Lecturer on 19.12.1983 in St.Thomas College, Palai. Later, he was promoted as Lecturer (Senior Scale) and at present, he is working as Lecturer (Selection Grade) with effect from 27.7.1998. It is stated by the petitioner that he has successfully completed the Doctoral Programme under UGC and was awarded Ph.D. in Economics on 19.1.2004. The petitioner relies on G.O.(P) No.171/99/H.Edn. Dated 21.12.1999, which provides that a teacher will be eligible for two advance increments as and when he/she acquires a Ph.D. Degree in his/her service career, and claims that he is entitled to two advance increments from 19.1.2004, the date on which he acquired Ph.D. Degree. Ext.P2 proposal was submitted by the Principal of the College for granting two advance increments due to the petitioner. But no orders WP(C) No.19330/2008 2 are passed by the second respondent yet. It is stated that now, it has come to the knowledge of the petitioner that the second respondent has forwarded the proposal to the first respondent. Ext.P3 representation dated 5.2.2008 was submitted by the petitioner to the Director of Collegiate Education, requesting to grant approval for the proposal for two advance increments due to him with effect from the date on which the petitioner acquired Ph.D. Degree. Ext.P3 representation is not disposed of so far. 3. The main relief prayed for in the Writ Petition is for issue of a writ of mandamus directing the first respondent to consider Ext.P3 representation within a time frame. The learned Government Pleader submitted that the first respondent will dispose of Ext.P3 representation without delay. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner:- The first respondent shall consider and dispose of Ext.P3 representation as expeditiously as possible, and at any rate within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall produce a certified copy of the judgment and a true copy of the Writ Petition before the first WP(C) No.19330/2008 3 respondent. The first respondent shall afford an opportunity of being heard to the petitioner. It is made clear that I have not considered the merits of the contentions raised by the petitioner. K.T. SANKARAN, JUDGE. cks