IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 28454 of 2004(K) ---------------------------------------- PETITIONER: -------------------- CHERIAN JOHN, LECTURER (SENIOR SCALE), DEPARTMENT OF ENGLISH, MAR IVANIOS COLLEGE, NALANCHIRA,THIRUVANANTHAPURAM. BY ADV. SRI.J.HARIKUMAR RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY,HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM. 3. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, KERALA UNIVERSITY OFFICE, PALAYAM, THIRUVANANTHAPURAM. 4. THE PRINCIPAL, MAR IVANIOS COLLEGE, NALANCHIRA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. T.B. REMANI ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28454/2004 K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS DTD. 5/11/2001 OF THE SECRETARY, M.S.C. COLLEGES. EXT.P2: COPY OF THE ORDER DTD. 25/08/2003 OF THE 3RD RESPONDENT. EXT.P3: COPY OF THE LETTER NO.F1/9000/93 DTD. 14/11/2003. EXT.P4: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN O.P.NO.18972 OF 2002 AND CONNECTED CASES DTD. 19/12/2002. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DTD. 23/09/2004. EXT.P6: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.11075 OF 2004 DTD. 30/03/2004. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 28454 of 2004 -------------------------------------------------------- Dated: SEPTEMBER 26, 2008 JUDGMENT Petitioner was appointed as a Lecturer in St.Joseph's College, Devagiri on 11.9.1995 and he continued there till 31.5.1996. In the meanwhile he got selected and he joined in the Mar Ivanios College, Thiruvananthapuram, with effect from 1.6.1996. Both the appointments were approved by the University concerned. While he was continuing in the Mar Ivanios College, by Ext.P1 order, on completion of six years of service, he was granted senior scale with effect from 11.9.2001. That was also approved by the 3rd respondent as per Ext.P2 order. However, the Deputy Director issued Ext.P3 letter expressing a doubt that his placement in the senior scale was not in order as, according to him, there was no Government Order authorising to place a teacher, who was appointed after 1.4.1990 in the State scale, in the UGC scale. It is WP(C) 28454 of 2004 2 thereupon that this writ petition has been filed seeking to quash Ext.P3 and to grant the senior scale as granted in Exts.P1 and P2. 2. Learned counsel for the petitioner raised two contentions. One is that, once the appointment as Lecturer or placement in the senior scale has been approved by the University, the Deputy Director cannot sit in judgment over the same. In support of this plea, learned counsel relied on the judgments of this Court in Cheriyan Mathew v. The Principal, SB College (ILR 1998(3) 1) and Shalini Rachel v. Manager, Christian College - 2007(3) KLT 355. The other contention that is raised is that the case of the petitioner is covered by paragraph 3 of GO(P) 171/1999/H.Edn. dated 21.12.1999. 3. I heard the learned counsel for the petitioner and also the learned Government Pleader. 4. In my view, petitioner is well founded in his submissions. True, this Court has taken the view that once WP(C) 28454 of 2004 3 the University has approved the appointment or placement in a higher scale, the Dy. Director cannot sit in judgment over the same and the course open to him is to seek clarification from the University concerned. This seems to be what he has done in Ext.P3. 5. The case of the petitioner is covered by paragraph 3.4 of the Government Order referred to above, which is extracted below for reference:- “As per the earlier scheme itself, the teachers were given UGC scales on completion of 8 years of service. Only those at the entry level coming under 48% category were given the State scale. Such teachers would automatically become eligible for the senior scale of UGC on completion of six years service as per the revised UGC scheme. All teachers coming under 48% category at present will be brought under the UGC Scheme on completion of 6 years service and when they become eligible for placement in the Senior Scale. In future recruitment will be restricted to UGC Scheme posts only and teachers with UGC qualification will be directly recruited and they will be WP(C) 28454 of 2004 4 eligible for normal UGC Scale of lecturers”. 6. In view of the above, the doubt expressed by the Deputy Director in Ext.P3 cannot be sustained. 7. Therefore the writ petition is disposed of quashing Ext.P3 and directing the respondents to disburse the salary and other consequential benefits to the petitioner in accordance with Exts.P2 and P3. This shall be done as expeditiously as possible, and at any rate, within eight weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE mt/-