IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WP(C).No. 19684 of 2006(R) -------------------------------- PETITIONER: -------------- DR.K.RAVEENDRAN, SELECTION GRADE LECTURER IN POLITICS, MAHARAJAS COLLEGE, ERNAKULAM. BY MR.D.SOMASUNDARAM, ADVOCATE. RESPONDENTS: ------------------ 1. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN,THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL (A&E) KERALA OFFICE OF ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVT.SECRETARIAT,THIRUVANANTHAPURAM. BY MS. T.B. REMANI, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19684/2006 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER No.UGC. CELL.III/18578/2000/COLL. EDN. DT. 17.6.00 OF R1. EXT. P2 : COPY OF LETTER DTD. 27.7.98 ISSUED TO SECRETARY BY THE GOVT. EXT. P3 : COPY OF LETTER NO.UGC CELL 3(1) 38205/04 COLL. EDN. DEPT. DTD. 3.11.04 ISSUED BY R1 TO THE PRINCIPAL, MAHARAJAS COLLEGE, ERNAKULAM. EXT. P4 : COPY OF LETTER DTD. 25.7.05 ISSUED BY R1 TO R2. EXT. P5 : COPY OF REPRESENTATION DTD. 9.9.04 SUBMITTED BY PETITIONER BEFORE R3. EXT. P6 : COPY OF ORDER NO.UGC.CELL III(1)/38205/04/COLL.EDN. DTD. 3.11.04 OF R1. EXT. P7 : COPY OF COMMUNICATION DTD. 29.12.04 ISSUED BY R2 TO PETITIONER. EXT. P8 : COPYOF UNDERTAKING SUBMITTED BY PETITIONER TO REFUND THE EXCESS AMOUNT, DTD. 30.11.04. EXT. P9 : COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE THE R2 DTD. 7.7.06. EXT. P10 : COPY OF GOVERNMENT ORDER G.O.(MS) No.148/2006/H.EDN. DTD. 13.11.06. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.19684 OF 2006 --------------------------------------- Dated this the 2nd day of July, 2009. J U D G M E N T The petitioner retired on superannuation in March 2007 while working as Selection Grade Lecturer in Maharajas College, Ernakulam. By Exhibit P2, the Government of India communicated the revision of pay scales etc. in respect of the Lecturers like the petitioner in Central Universities. The same was implemented in the State as per G.O.(P) No.79/90/H.Edn dated 27.03.1999. 2. The petitioner acquired Ph.D on 07.04.1997. Thereafter, he requested the Director of Collegiate Education for payment of two advance increments. It is pointed out in the writ petition that the 1st respondent by communication dated 03.11.2004 addressed to the Principal of Maharajas College informed that the petitioner is entitled for the above two advance increments. The petitioner was entitled for Selection Grade placement with effect from 12.10.1997. But, the Director has granted the same with W.P.(C) No.19684/2006 2 effect from 07.04.1997. That decision caused difficulties to the petitioner and therefore, the 1st respondent by Exhibit P3 modified the same. The entitlement of the petitioner for two advance increments was also intimated by the 1st respondent to the 2nd respondent as per Exhibit P4. The petitioner had been submitting representations subsequently for getting his due placements. In spite of the same, as nothing was done in the matter, he has approached this Court by filing this writ petition. 3. The first respondent has filed a counter affidavit in the matter. It is pointed out therein that the petitioner entered in service on 12.10.1981 and received senior scale placement on 12.10.1989. But, without completing 16 years of service, he received Selection Grade placement with effect from 07.04.1997. It is also pointed out that since the petitioner has represented that his Selection Grade placement may be revised with effect from 12.10.1997 instead of 07.04.1997, the 1st respondent revised his Selection Grade placement with effect from 12.10.1997 and requested him to forward a fresh application for advance increment. It is pointed out that thereafter the W.P.(C) No.19684/2006 3 petitioner submitted an incomplete application for advance increment. The 1st respondent had forwarded a letter to the Principal, Maharahas College and the petitioner on 30.03.2005 in the matter requesting to forward certain documents. The counter affidavit proceeds to say that again the petitioner had requested that his placement may be revised to 07.04.1997. In the reply affidavit, the petitioner has pointed out that the said averment is not correct. The placement is due only from 12.10.1997. 4. Going by the relevant orders, it is clear that on acquisition of Ph.D, the petitioner will be eligible to be granted two advance increments when he moves to the Selection Grade. This is clear from G.O.(P) No.44/2001/H.Edn dated 29.03.2001, a copy of which is placed before me for perusal by the learned Government Pleader. The eligibility of the petitioner for two advance increments as provided in the Government Order is not disputed. 5. The next issue is regarding the date on which the petitioner is entitled for placement. Since the date 07.04.1997 only represents the date on which Ph.D was awarded, the actual W.P.(C) No.19684/2006 4 date on which he is entitled for the benefit is 12.10.1997. There will be a declaration to that effect. By Exhibit P6, the same has been shifted already to 12.10.1997. 6. Therefore, this writ petition is allowed. The petitioner will therefore, forward a revised proposal through the Principal of the College, if necessary, within a period of three weeks and the respondents will see that the petitioner is granted two advance increments as pointed out already and also the Selection Grade Placement with effect from 12.10.1997. It is pointed out that the petitioner is entitled for revision of the pensionary benefits accordingly. The benefits due to the petitioner on the above basis will be quantified and eligible amounts will be disbursed within a period of three months from the date of receipt of a copy of this judgment. T.R. RAMACHANDRAN NAIR JUDGE smp