IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 38099 of 2007(I) ------------------------------------- PETITIONER(S): ---------------------- RUBY J.A., W/O.JAMES DEVASSIA, LECTURER SENIOR SCALE, DEPARTMENT OF ECONOMICS, ST.DOMINICS COLLEGE, KANJIRAPPALLY, KOTTAYAM. BY ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 3. MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM. GOVERNMENT PLEADER SRI.T.T.MOHAMOOD FOR R1 & R2 ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 38099/2007-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.B1.2/255/88 DATED 01/04/1989 ISSUED BY THE REGISTRAR, MAHATMA GANDHI UNIVERSITY TO THE PETITIONER. EXT.P2: COPY OF THE EQUIVALENCY CERTIFICATE NO.AC.D/1/1853/2003 DATED 12/06/2003 ISSUED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE ORDER NO.AC.BV-4/360/2005 DATED 07/11/2005 ISSUED BY THE REGISTRAR, MAHATMA GANDHI UNIVERSITY TO THE PETITIONER. EXT.P4: COPY OF THE ORDER NO.G2-125/2006 DATED 18/04/2007 ISSUED BY THE 2ND RESPONDENT. EXT.P5: COPY OF THE G.O.(MS)NO.209/1996/H.EDN. DATED 24/12/1996 ISSUED BY THE 1ST RESPONDENT. EXT.P6: COPY OF THE ORDER NO.AC.BV-1-798-2005 DATED 19/12/2005 ISSUED BY THE 3RD RESPONDENT. EXT.P7: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN O.P.NO.25465/2002 DATED 23/08/2001. EXT.P8: COPY OF THE INTERIM ORDER OF THIS HONURABLE HIGH COURT DATED 05/11/2007 IN W.P.(C). NO. 25233/2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ ANTONY DOMINIC, J. ============== W.P.(C) NO. 38099 OF 2007 (I) ==================== Dated this the 14th day of November, 2008 J U D G M E N T The prayer in this writ petition is to quash Ext.P4 and to direct the 2nd respondent to disburse the revised UGC salary and arrears, on the basis of the revised UGC scale to the petitioner in the post of Lecturer Senior Scale w.e.f. 15/1/2002. 2. Petitioner is a lecturer working in St.Dominics College, Kanjirappally. She was placed in the senior scale w.e.f. 15/1/2002. That was approved by the University as is seen from Ext.P3. However, the Deputy Director of Education rejected the same. One of the reasons is that the petitioner had not passed NET examination. In so far as this objection is concerned, respondents have given up this plea in the counter affidavit that is filed and therefore the correctness of this objection need not be gone into. 3. The remaining objection raised by the Deputy Director is that the broken service rendered by the petitioner for the period 21/8/95 to 30/6/96 has been reckoned for calculating the qualifying service for placement in the senior scale. Petitioner submits that based on Ext.P6, the WPC 38099/07 :2 : University order dated 19/12/2005, the decision of the University was only to reckon the period upto 21/8/95 to 31/12/95 as qualifying service and that the remaining period upto 30/6/96 has already been excluded by the University. However, according to the Deputy Director, this entire period is liable to be excluded. 4. As already noticed, the placement of the petitioner to the senior scale w.e.f.15/1/2002 has been approved by the University as per Ext.P3. While granting such approval, based on the resolution of the Syndicate, broken service upto 31/12/95 has been reckoned. Once University has granted approval as above, the Deputy Director is bound by such approval. In case, he needs any clarification, it is up to him to take up the matter with the University and get the decision clarified instead of rejecting the proposal for granting benefits following the placement of the lecturer in the senior scale. This position has been reiterated by this court in Cherian Mathew v. Principal S.B.College, Changanassery (1998 (2) KLT 144) and Shalini Rachel v. Manager, Christian College (2007(3) KLT 355). 5. In view of the above, Ext.P4 deserves to be set aside and I do WPC 38099/07 :3 : so. The 2nd respondent shall take steps for disbursal of the salary and arrears due to the petitioner based on the revised UGC scale in the cadre of Lecturer senior scale w.e.f. 15/01/2002. This shall be done, as expeditiously as possible, at any rate, within 6 weeks of receipt of the bill submitted by the Principal. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp