IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 24745 of 2007(U) -------------------------- PETITIONER: ------------------- BINUJA JOSEPH, LECTURER, DEPARTMENT OF ENGLISH, ST.PETER'S COLLEGE, KOLENCHERRY. BY ADV. SRI.M.C.CHERIAN SRI.M.A.THOMAS KUTTY SMT.ASHA CHERIAN SRI.P.M.SANEER RESPONDENTS: ------------------------ 1. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. 2. PRINCIPAL, ST.PETER'S COLLEGE, KOLENCHERRY. 3. MAHATMA GANDHI UNIVERSITY, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 4. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY, (HIGHER EDUCATION), SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.T.T.MOHAMMED FOR R1 SRI.T.A.SHAJI, SC FOR UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24745/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER NO.AC.BIV-1497/93/ACAD. DT. 24.3.97. EXT.P2:- COPY OF THE RELEVANT PORTION OF THE ORDER/SCHEME GO(P) NO.171/99/H.EDN., DT. 21.12.99 OF GOVT. OF KERALA. EXT.P3:- COPY OF THE ORDER NO.AC.BV(4) 386/2005 DT. 17.8.05. EXT.P4:- COPY OF THE LETTER DT. 31.12.05 OF THE 2ND RESPONDENT. EXT.P5:- COPY OF THE LETTER NO.F-3/172/06 DT. 15.9.06 OF THE IST RESPONDENT. EXT.P6:- COPY OF THE JUDGMENT DT. 26.9.05 IN WPC. N0.16495/05. EXT.P7:- COPY OF THE MEMORANDUM OF APPEAL IN WA. NMO.197/06 OF THE HONOURABLE HIGH COURT OF KERALA. EXT.P8:- COPY OF THE JUDGMENT DT. 15.9.06 IN WA. NO.197/06 OF THIS HONOURABLE COURT. EXT.P9:- COPY OF THE LETTER/ ORDER NO.17993/D3/98/HIGHER EDN., DT. 28.5.99 OF 4TH RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss ANTONY DOMINIC, J. =============== W.P.(C) NOS. 24745 & 34367 OF 2007 ========================= Dated this the 19th day of September, 2008 J U D G M E N T In these two writ petitions, the petitioners are lecturers and their claim is for monetary benefits following their placement in the Senior Scale. 2. In so far as the petitioner in WP(C) No.24745/07 is concerned, petitioner was appointed as a Lecturer in a leave vacancy in St.Peter's College, Kolancherry for the period from 10/8/94 till 31/5/95. She was reappointed w.e.f. 1/6/95 and is continuing as such. Both the appointments were approved by the University as per Ext.P1. It is stated that on the basis of Ext.P2 Government order dated 21st December, 1999, on completion of 6 years, petitioner was placed in the senior scale w.e.f. 10/8/2000. This was also approved by the University as per Ext.P3 order. However, the Deputy Director was refusing to countersign the salary bills and it is with this grievance, the writ petition is filed. 3. In so far as the petitioner in WP(C) No.34367/07 is concerned, he was initially appointed in KE College in a leave vacancy for the period from 7/6/93 to 5/1/94. Thereafter, he was appointed in Pavanathma WPC 24745 & 34367/07 :2 : College, Murickasserry and he commenced his service there from 6/2/96. While so, he got selected in a regular vacancy in St.Joseph's College, Moolamattam and got relieved from Pavanathma College on 8/8/96 and joined St.Joseph's College on 9/8/96 and is continuing. Based on the Government order referred to above, the petitioner herein was also placed in the senior scale w.e.f. 6/7/01. 4. The petitioner's appointments were approved by the University as per Exts. P1, P1(a) and P1(b) orders. His placement in the senior scale was also approved by the University as per Ext.P2 order. In this case also, the Deputy Director declined to countersign the salary bills. As in the previous case, the reason for refusing to countersign the salary bills was that the broken spells of service could not have been reckoned for granting senior scale as according to the Deputy Director, it was not permissible in terms of the Government order dated 21st December, 1999. It is this plea, which is reiterated by the learned Government Pleader before me. 5. Counsel for the petitioners submit that in terms of Clause 6.25 of the Government order referred to above, a Lecturer is eligible for placement in senior scale on completion of 6 years of service after regular appointment. It is the specific case of the petitioners that their WPC 24745 & 34367/07 :3 : appointments were after following the procedure laid down in the University Statutes for regular appointment and therefore, they are entitled to have the entire service reckoned for the purpose of quantifying the prescribed 6 year period for placement in the senior scale. 6. The counsel for the petitioner in WP(C) No.24745/07 refers me to Ext.P6 judgment in WP(C) No.16495/05 where a claim similar to the one raised by the petitioners herein was considered by this court and was upheld. It is also seen that against that judgment, the Educational Authorities had filed WA No.197/06, which was dismissed by the Division Bench by Ext.P8 judgment dated 15th of September, 2006. 7. Similarly, the petitioner in WP(C) No.34367/07 also invites my attention to Ext.P7 judgment in WP(C) No.1077/06, Ext.P7(a) judgment in WP(C) No.2949/07 and Ext.P7(b) judgment in WP(C) No.8066/06 where identical claims have been upheld by this court. It is also to be noticed that in these judgments this court has also taken the view that once the University has approved the appointment, as also the placement in senior scale, the Deputy Director is bound by such approval and that the law laid down by this court in Cherian Mathew v. Principal, S.B. College, Changanacherry (1998(2) KLT 144), is applicable to such cases. Learned counsel for the petitioners also rightly points out that this WPC 24745 & 34367/07 :4 : judgment has been confirmed by the Division Bench of this court in Shalini Rachel v. Manager, Christian College (2007(3) KLT 355). 8. Therefore, evidently the fact remains that claims similar to what is raised by the petitioners herein have been affirmed by this Court on the principles referred to above and admittedly benefit flowing from the judgments referred to above, have been granted to similarly situated lecturers. If that be so, I see no good ground to accept the plea now reiterated before me by the learned Government Pleader that Clause 6.25 is inapplicable to the petitioners herein. Therefore, the writ petitions deserve to be allowed and I do so. It is declared that the petitioners are entitled to salary as applicable to Lecturers(Senior Scale). Petitioner in WP(C) NO.24745/07 will be entitled to senior scale w.e.f. 10/8/2000 and the petitioner in WP(C) NO.34367/07 will be entitled to senior scale effective from 6/7/01. Consequential benefits shall be released to the petitioners within three months from the date of receipt of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp