IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 31388 of 2011(W) ---------------------------------------- PETITIONER(S): ---------------------- RAJESH VANCHIPURA, LECTURER (SENIOR SCALE) IN MECHANICAL ENGINEERING, GOVERNMENT ENGINEERING COLLEGE, THRISSUR. BY ADV. DR.PAULY MATHEW MURICKEN RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP.HY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CHAIRMAN, SELECTION COMMITTEE FOR PLACEMENT OF SENIOR SCALE/SELECTION GRADE OF THE LECTURERS IN GOVERNMENT ENGINEERING COLLEGES (SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM). 3. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 4. THE PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE, THRISSUR. BY GOVT.PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WPC NO. 31388/2011 APPENDIX PETITIONERS EXHIBITS: EXHIBIT-P1. A TRUE PHOTOCOPY OF THE PROCEEDINGS NO.EA4/28767/1999 DATED 30.9.1999 OF THE 3RD RESPONDENT. EXHIBIT-P2. A TRUE PHOTOCOPY OF THE PROCEEDINGS NO.EA4/30726/2002 DATED 12.03.2004 OF THE 3RD RESPONDENT. EXHIBIT-P3. A TRUE PHOTOCOPY OF THE G.O.(P) NO.68/2000/H.EDN. DATED 18.05.2000 OF THE 1ST RESPONDENT. EXHIBIT-P4. A TRUE PHOTOCOPIES OF THE CERTIFICATES OF HAVING UNDERGONE REFRESHER COURSES. EXHIBIT-P5. A TRUE PHOTOCOPY OF THE PROCEEDINGS NO.EA3/9812/2006 DATED 24.04.2007 OF THE 3RD RESPONDENT. EXHIBIT-P6. A TRUE PHOTOCOPIES OF THE PROCEEDINGS DATED 13.10.2003,14.11.2003, 19.02.2004 AND 21.02.2006 OF THE 4TH RESPONDENT. EXHIBIT-P7. A TRUE PHOTOCOPY OF THE PROCEEDINGS DATED 10.05.2010 OF THE STATE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 3RD RESPONDENT. EXHIBIT-P8. A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 21.07.2011 OF THE PETITIONER ADDRESSED TO THE 3RD RESPONDENT. EXHIBIT-P9. A TRUE PHOTOCOPY OF THE PROCEEDINGS NO.E1/1770/2010(21) DATED 01.08.2011 OF THE 4TH RESPONDENT. EXHIBIT-P10. A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 12.11.2011 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE JM T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 31388 of 2011-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November, 2011. JUDGMENT The petitioner seeks for a direction to respondents 1 to 3 to correct the anomaly in the fixation of senior scale granted to him in the post of Lecturer by refixing the date of grant of senior scale as 25.10.2005 instead of 23.1.2006 as now granted as per Ext.P5, by reckoning the 86 days of half pay leave as part of qualifying service/eligible period. 2. The petitioner is working as Lecturer (Senior Scale) in Mechanical Engineering, Government Engineering College, Thrissur. The AICTE scheme has been implemented as per Ext.P3. Ext.P5 is the proceedings of the Screening Committee whereby he has been granted Senior Scale with effect from 23.1.2006 as against his claim to grant the same with effect from 25.10.2005. It is the case of the petitioner that the refusal of the Screening Committee to reckon the period of 86 days half pay leave is in violation of Rule 33(b)(2) of Part I K.S.R. The petitioner relies upon Ext.P7 reply given by the State Public Information Officer of the Office of the Director of Collegiate Education. 3. The petitioner has already filed a representation as per Ext.P10, wpc 31388/2011 2 before the Government. The petitioner has also produced an earlier representation submitted to the third respondent, as Ext.P8 and Ext.,P9 shows that Ext.P8 was forwarded through proper channel, on 1.8.2011. 4. In that view of the matter, there will be a direction to the Government to take a decision on Ext.P10 representation in the light of the provisions relied upon by the petitioner and Ext.P7, after hearing the petitioner, within a period of six months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/