IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WA.No. 2305 of 2005(A) --------------------------------- AGAINST THE JUDGEMENT IN W.P(C).NO.27094/2003 DATED 24/05/2005. .................... APPELLANT/ PETITIONER: -------------------------------------- RAHUMATHULLA.K., LECTURER, MATHEMATICS, T.K.M ENGINEERING COLLEGE, KOLLAM AT PRESENT WORKING ON DEPUTATION, DISTRICT MISSION CO- ORDINATOR, STATE POVERTY ERADICATION MISSION (KUDUMBASREE) VALIAKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.R.RAJASEKHARAN PILLAI, SMT.SABINA JAYAN, SRI.M.S.NISHAD. RESPONDENTS: ----------------------- 1. THE L.B.S CENTRE FOR SCIENCE & TECHNOLOGY, PALAYAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR. 2. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR, TECHINICAL EDUCATION, THIRUVANANTHAPURAM. R2 & R3 BY SR. GOVT. PLEADER SRI. BENNY GERVACIS, R1 BY ADV. SRI.P.B.SURESH KUMAR SC, LBS CENTRE. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- W.A.No.2305 OF 2005 ------------------------------------- Dated 15th October, 2008 JUDGMENT Koshy,J . Appellant/petitioner was appointed as a Lecturer in Mathematics in Lal Bahadoor Sasthri College of Engineering, Kasaragod with effect from 7.11.1993. While working as such, the appellant was selected for appointment as Lecturer in Mathematics in the Institute of Distance Education under the University of Kerala with effect from 24.10.1996. In the appointment order it was stated that appointment will be subject to the final disposal of O.P.No.11436/1996. By Ext.P3 judgment, this court set aside the appointment of the appellant on the ground that he did not possess the required qualification as on the last date for submitting the application for the post and, therefore, his services were terminated. Thereafter, he requested the first respondent to permit him to resume duty as Lecturer in Mathematics. That was acceded as there was a vacancy, with a specific condition that period of his absence will not be counted for any service benefits. He rejoined duty in July, 1998. Later, he was regularly appointed as Lecturer in Mathematics. The whole question is whether he is entitled to count the period from 24.10.1996 to 19.3.1998 for the purpose of placement under W.A.2305/2005 2 the U.G.C. Scheme as five year's service was necessary to be placed in Lecturer (Senior Grade). Learned single Judge found that since his appointment in the University itself was found illegal and it was cancelled, the above period cannot be taken for the purpose of placement. Further, it was also noticed that by Ext.P5 when he was again employed as a Lecturer in Mathematics in the Lal Bahadoor Sasthri College of Engineering, it was specifically stated that his period of absence will not be counted for any service benefits. That was not challenged and has become final. The learned Judge also found that the first respondent has not adopted Kerala Service Rules and Kerala States and Subordinate Service. In any event, in view of the fact that his appointment in the University was found to be illegal and set aside and also in view of the fact that he was given employment on condition that those period of his absence will not be counted for any service benefits which was accepted by him, he is not entitled to claim the above period to be counted for the purpose of placement. We fully agree with the views of the learned single judge. The appeal is dismissed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks