IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 33451 of 2005(G) ----------------------------------------- PETITIONER(S): ------------------------ DR.A.B.USHA, LECTURER ( SELECTION GRADE), AL-AMEEN COLLEGE, EDATHALA, ERNAKULAM DISTRICT. BY ADVS. SRI.ELVIN PETER P.J., SRI.S.RAMESH, SRI.P.N.SANTHOSH, SRI.NAVEEN.T., SRI.T.G.SUNIL (PRANAVAM), SRI.C.X.ANTONY BENEDICT, SMT.POOJA SURENDRAN. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. 4. THE PRINCIPAL, AL-AMEEN COLLEGE, EDATHALA, ERNAKULAM DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33451/2005 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER NO.AC.BV.4/1/2000 DTD. 31/05/2000 ISSUED BY THE M.G. UNIVERSITY. P2: COPY OF ORDER, G.O.(P) NO.171/99/H.EDN. DTD. 2125 NOVEMBER, 1999. P3: COPY OF COMMUNICATION NO.A3.6140/2001 DTD. 8/04/2002 FROM THE 3RD RESPONDENT TO THE 4TH RESPONDENT. P4: COPY OF ORDER G.O.(P) NO.44/2001/H.EDN. DTD. 29TH MARCH, 2001. P5: COPY OF REPRESENTATION DTD.2/05/2001 FILED BY THE A.K.P.C.T.A. TO THE GOVERNMENT. P6: COPY OF ORDER NO.A3-7435/03 DTD. 26/06/2004 ISSUED BY THE 3RD RESPONDENT. P7: COPY OF ORDER NO.A3/9229/03 DTD.15/04/2004 ISSUED BY THE 3RD RESPONDENT. P8: COPY OF JUDGMENT DTD. 29TH JUNE, 2005 IN WPC.NO.23512/2004 OF THIS HON.COURT. P9: COPY OF REPRESENTATION DTD. 13/08/2005 FILED BY THE PETITIONER BEFORE THE GOVERNMENT. P10: COPY OF ORDER NO.24456/D1/05/H/EDN. DTD. 4/11/2005 ISSUED BY THE GOVERNMENT TO THE PETITIONER. RESPONDENT'S EXHIBIT: R3(A): COPY OF THE LETTER DTD. 31/08/2001. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.33451 OF 2005 ------------------------------------------- Dated this the 5th day of April, 2010 JUDGMENT The petitioner was placed as Selection Grade Lecturer on 21.5.1996 under the UGC scheme on her obtaining Ph.D. The question is as to whether her entitlement to two advance increments on account of acquiring Ph.D. Degree would be while as a Senior Lecturer or when she moved into the Selection Grade Lecturer's/Reader's post. This issue stands directly covered in favour of the petitioner by the judgment of this Court dated 12.7.2007 in W.P(C).11630/04. Under such circumstances, the petitioner is entitled to succeed. Learned counsel for the Government states that a writ appeal has been filed against the aforesaid judgment. As of now, it is not stated that writ appeal had at least come up for admission, though it appears that the same is filed with an application to condone delay. I do not find any ground to differ WPC.33451/05. 2 from following the judgment referred to above. Under such circumstances, this writ petition is allowed quashing Exts.P6 and P10. The respondents are directed to fix the pay of the petitioner without reference to Exts.P4, P6 and P10 to the extent quashed above and to release to her all pending amounts, including by way of annual increments etc. The provisions of Ext.P4 would be operated only in terms of the declarations of the law contained in the judgment dated 12.7.2007 in W.P(C). 11630/04. Let the benefits due to the petitioner be released within a period of three months from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.06/04.