IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 12821 of 2010(C) ---------------------------------- PETITIONER(S): ------------------- DR. MATHEW T. THELLY, LECTURER, DEPARTMENT OF BOTANY, MAR THOMAS COLLEGE, THIRUVALLA. BY ADV. SRI.BABU VARGHESE RESPONDENT(S): --------------------- 1. THE PRINCIPAL, MAR THOMA COLLEGE, THIRUVALLA. 2. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 5. THE UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS SECRETARY, BAHADUR SHAH ZAFAR MARG, NEW DELHI - 110002. R1 BY ADVS. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW R2 TO R4 BY GOVT.PLEADER SRI.T.T.MUHAMOOD R5 BY ADV. SRI.S.KRISHNAMOORTHY, CGC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 12821/2010(C) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPROVAL ORDER DATED 21/10/2005 ISSUED BY THE UNIVERSITY. P1(a):COPY OF THE APPROVAL ORDER DATED 16/11/2007 ISSUED BY THE UNIVERSITY. P2: COPY OF THE ORDER DATED 05/12/2007 DECLARING COMPLETION OF PROBATION. P2(a):COPY OF THE APPROVAL DATED 04/02/2010 GRANTED BY THE UNIVERSITY ON HIS PROMOTION. P3: COPY OF THE G.O.(P)NO.44/2001/H.EDN. DATED 29/03/2001. P4: COPY OF THE PH.D. CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA. P5: COPY OF THE LETTER NO.F3-1/2002(PS) DATED 16/01/2003 ISSUED BY THE U.G.C. P6: COPY OF THE LETTER NO.F3-1/2002(PS) DATED 15/07/2003 ISSUED BY THE U.G.C. P7: COPY OF THE ORDER ISSUED BY THE KERALA LOK AYUKTHA DATED 02/06/2003. P8: COPY OF THE JUDGMENT DATED 07/01/2005 IN WPC.NO.34803/2004 P9: COPY OF THE SANCTIONING ORDER OF THE INCREMENT TO SMT.VALSA A.K. BY THE 4TH RESPONDENT DATED 15/10/2001. P10: COPY OF THE ORDER DATED 05/08/2005 ISSUED BY THE DEPUTY DIRECTOR. P10(a):COPY OF THE ORDER DATED 09/05/2007 ISSUED BY THE DEPUTY DIRECTOR. P11: COPY OF THE ORDER G.O.(Rt)990/2009 H.EDN DATED 08/07/2009. P12: COPY OF THE OBJECTION RAISED BY THE 4TH RESPONDENT DATED 22/12/2008. RESPONDENT'S EXHIBITS: R5(a):COPY OF THE NOTIFICATIONS NO.F1-22/97-U.I OF THE GOVERNMENT OF INDIA DATED 27/07/1998. R5(b):COPY OF THE LETTER DATED 24/12/1998 ALONG WITH THE UGC NOTIFICATION ON REVISION OF PAY SCALES, MINIMUM QUALIFICATIONS FOR APPOINTMENT OF TEACHERS IN UNIVERSITIES AND COLLEGES AND OTHER MEASURES FOR THE MAINTENANCE OF STANDARDS, 1998 /TRUE COPY/ P.A. TO JUDGE svs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.12821 of 2010-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of February, 2011. JUDGMENT The petitioner is working as Lecturer in the Department of Botany in Mar Thomas College, Thiruvalla. The challenge is against the denial of annual increment as provided under the UGC Scheme. Ext.P12 order is thus under challenge in this writ petition. 2. The petitioner was initially selected and appointed in the subject Botany with effect from 14.12.2004 in a leave vacancy and continued upto 31.7.2005 and the same was extended upto 31.7.2007. While continuing, he was shifted to a substantive vacancy with effect from 9.9.2005 which was caused by the relief of one Shri Thampy Mathew. The appointments have been approved by the University as per Exts.P1 and P1(a) orders. His probation has been declared by order dated 5.12.2007 as per Ext.P2. He was promoted and placed as Lecturer Senior Scale with effect from 14.12.2008 which is approved by Ext.P2(a) order. He is a Ph.D. holder and according to the petitioner, he is entitled for four advance increments as per the UGC pay revision orders. Reliance is placed on paragraphs 6.16 to 6.19 of G.O.(P) No.171/1999/H.Edn. dated 21.12.1999. wpc 12821/2010 2 3. Respondents 2 and 5 have filed counter affidavits. 4. Learned counsel for the petitioner submitted that the Government has passed a recent order dated 24.1.2011 granting advance increments as provided in para 6.16 of the order dated 21.12.1999 and therefore the respondents may be directed to consider the case of the petitioner in the light of the above Govt. Order. 5. In the above Govt. Order, it has been ordered thus: “In the circumstances, Government hereby order that advance increments as provided in paragraph 6.15 of the G.O. read as first above shall be admissible to all teachers who were recruited as Lecturers after availing exemption from NET. Government Letter read as third above is accordingly withdrawn.” Learned Govt. Pleader submitted that the petitioner may not be entitled to reckon the service rendered by him in the leave vacancy. Learned Senior Counsel for the petitioner disputed the same. This is a matter which the Government will have to consider while granting the benefits. 6. Therefore, the claim of the petitioner will be considered in the light of the Govt. Order dated 24.1.2011 and in the light of the proposal already forwarded by the College. To enable the competent authority to take a decision, Ext.P12 is quashed. Appropriate orders will be passed by the competent authority within a period of two months from the date of wpc 12821/2010 3 receipt of a copy of this judgment and the consequential monetary benefits will be released to the petitioner. The writ petition is accordingly disposed of. No costs. (T.R. Ramachandran Nair, Judge.) kav/