IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 13123 of 2008 (K) -------------------------- PETITIONER: ------------------ DR.MOLLY JOSEPH, PROFESSOR, COLLEGE OF CO-OPERATION, BANKING AND MANAGEMENT, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR DISTRICT, PIN 680 656. BY ADVS. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENTS: --------------------- 1. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR DISTRICT. 2. KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, K.A.U P.O., THRISSUR DISTRICT REPRESENTED BY ITS REGISTRAR. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, AGRICULTURAL PLANNING DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1-2 BY ADVS. SRI.RENJITH THAMPAN, SC, KERALA AGRL.UTY SRI.K.P.MUJEEB, SC, KERALA AGRL. UNIVERSITY R3 BY GOVERNMENT PLEADER, SRI.SANDOSH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 6.10.2010, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: WP(C).No. 13123 of 2008 (K) ----------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE GO(P) NO.179/1990/AD DATED 25.06.1990. EXT.P2. COPY OF THE PROCEEDINGS OFTEH 1ST RESPONDENT UNIVERSITY DATED 22.01.2000 EXT.P3. COPY OF THE ORDER DATED 22.01.2005 ISSUED 1ST RESPONDENT UNIVERSITY EXT.P4. COPY OF THE JUDGMENT DATED 5.02.1997 IN O.P. NO.10267 OF 1995 OF THIS HON'BLE COURT. EXT.P5. COPY OF THE ORDER DATED 3.03.2005 IN W.P.(C) NO.7279 OF 2005 OF THIS HON'BLE COURT. EXT.P6. COPY OF THE GO (MS) NO.32/07/AD DATED 19.03.2007. EXT.P7. COPY of the ORDER DATED 25.08.2007 ISSUED BY THE 1ST RESPONDENT UNIVERSITY. EXT.P8. COPY OF THE PROCEEDING NO.GA/C2/23346/99 DATED 26.4.2000 OF THE 1ST RESPONDENT. EXT.P9. COPY OF THE OBJECTION RAISED BY THE PETITIONER ON 4.10.07 BEFORE THE 1ST RESPONDENT. EXT.P10.COPY OF PAY SLIPS ISSUED TO THE PETITIONER. EXT.P11. COPY OF THE ORDER DATED 18.08.2008 IN W.P. © NO.22951/08. RESPONDENTS EXHIBITS : NIL --------------------------------------- P.A. TO JUDGE / TRUE COPY / VK T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 13123 of 2008-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of October, 2010. JUDGMENT The main prayer in the writ petition filed by the petitioner who is working as a Professor in the College of Co-operation, Banking & Management under the Kerala Agricultural University, is to quash Ext.P7 by which the benefits of U.G.C. Scheme has been ordered to be granted by giving placement at various stages. 2. According to the petitioner, the benefits have not been granted properly and in tune with the U.G.C. Scheme. Therefore, the petitioner has filed Ext.P8 representation before the Chairman of the Anomaly Committee. In Ext.P8 representation, the petitioner has prayed to correct the date of pre- UGC promotion as Assistant Professor to 23.10.1989 instead of 22.1.1990 and all the ensuring promotions till CAP to Professor. The second prayer is to reinstate the benefit of Ph.D. and date of Promotion as Associate Professor as 28.9.1995. The third prayer in Ext.P8 is to give the Career Advancement Promotion to Professor on 28.9.2003 on completion of eight years with standing Ph.D. as Associate Professor. 3. The petitioner was initially appointed as a Junior Assistant wpc 13123/2008 2 Professor with effect from 22.10.1984. At that time her qualification was MBA with specialisation in Banking and Finance. In the year 1995 she acquired Ph.D. and thereafter she was granted norms/assessment promotion as Assistant Professor with effect from 23.10.1989 in the scale of Rs.1500 - 2685 in the pre-UGC scale. 4. By Ext.P1 the UGC Scheme was made applicable to the teachers of Kerala Agricultural University. The same was implemented in the case of the petitioner also. But later, by Ext.P3, an Office Order was issued stating that the Career Advancement Promotion granted to the petitioner and others were not in order. This was objected to by the various parties. Ext.P4 is the copy of the judgment of this Court in O.P.No.10267/1995 filed by some other affected Professors. Since the University proceeded with the matter, the petitioner filed W.P.(C) No.7279/2005. Later, the Government issued Ext.P6 order during the pendency of the said writ petition. It was declared that the cut off date fixed for giving Career Advancement Promotion under UGC Scheme originally fixed as 25.6.1990 will be up to 26.7.1998 and Career Advancement Promotion given to the Teachers after screening, will not be reopened. The petitioner was given Career Advancement Promotion as Associate Professor on 28.9.1995, the date on which she obtained Ph.D. and therefore she was given the benefit of wpc 13123/2008 3 Ext.P6. Accordingly, the writ petitions filed by the petitionerr and others were disposed of. But according to the petitioner, when the Office Order was issued, the anomaly still persisted. It is in these circumstances this writ petition has been filed. 5. On behalf of the Agricultural University and on behalf of the third respondent, separate counter affidavits have been filed. In para 19 of the counter affidavit filed by the Agricultural University, it is mentioned that the University is willing to make the following revisions: “i) Date of induction into 1986 UGC scheme as Asst. Professor (Sr. Scale) : 23.10.1989 ii) Date of Career Advancement promotion in the 1986 UGC scheme as Associate Professor: 23.10.1997 iii) Date of Career Advancement promotion as Professor under 1996 UGC : 23.10.2005” It is submitted that apart from the above, no other revisions can be admitted by the University. 6. Therefore, going by the above, the petitioner will be inducted into the 1986 UGC Scheme as Associate professor on 23.10.1997. Learned Senior Counsel for the petitioner submitted that as the petitioner is having Ph.D. she is entitled to be granted the benefit of UGC scheme as as Associate Professor on 28.9.1995. Evidently, This is the benefit claimed wpc 13123/2008 4 in Ext.P8 representation. It is prayed that the University may be directed to consider the representation after hearing the petitioner, with regard to the said aspect. 7. Therefore, I am not going into the merits of the claims raised by the petitioner and the contentions raised by the University. There will be a direction to the competent authority of the University to consider Ext.P8 after personally hearing the petitioner and appropriate orders with regard to the said claims, viz. assignment of date 28.9.1995 for promotion as Associate Professor will be passed in accordance with law. Since it is agreed in para 19 of the statement that the petitioner will be inducted into 1986 UGC Scheme as Asst. Professor (Senior Scale) with effect from 23.10.1989, the said benefit will be granted to the petitioner in modification of Ext.P7 order. Appropriate orders as directed above, will be passed within a period of three months from the date of receipt of a copy of this judgment. Recovery, if any in the meanwhile, will be kept in abeyance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/