IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 18796 of 2009(T) -------------------------- PETITIONER(S): --------------- DR.M.A.LIZY, ASSOCIATE PROFESSOR, COLLEGE OF CO-OPERATION, BANKING AND MANAGEMENT, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR DISTRICT. BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN SRI.C.MOIDEEN KUTTY SMT.V.H.JASMINE RESPONDENT(S): --------------- 1. KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR DISTRICT, REP. BY ITS REGISTRAR. 2. ASSOCIATE DEAN, COLLEGE OF CO-OPERATION, BANKING AND MANAGEMENT, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR. 3. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.K.P.MUJEEB, SC, KERALA AGRI UNIVER FOR R1 & 2 SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18796/2009-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of November, 2009 J U D G M E N T The petitioner herein is working as Associate Professor in the College of Co-operation, Banking and Management, under the first respondent-University. 2. The petitioner joined the institution under the first respondent on 26/11/1994. She was working as a Lecturer in the Karnataka Regional Engineering College, Surathkal under the University Grants Commission scheme from 02/07/1990 and she continued there till 25/11/1994 before joining the service of the first respondent. Therefore, it is submitted that there is no break in service. 3. Going by Ext.P3 Circular dated 08/03/1994 of the first respondent, the past service of the Lecturers or equivalent, in other Universities, ICAR and its institutions can be taken into account for career advancement in UGC/ICAR Scale in Kerala Agricultural University in the same terms and conditions as laid out by ICAR/UGC. The petitioners case is that the post in which she was working is an equivalent post/scale of pay to the post of Assistant Professor in the first respondent institution and the qualifications for both the posts were W.P.(C). No.18796/2009 -:2:- same. It is also stated that the petitioner possessed the minimum qualification prescribed by UGC for appointment as Lecturers. 4. The main prayer in the writ petition is for a direction to the respondents to count the past service of the petitioner as Assistant Professor at Karnataka Regional Engineering College, Surathkal under the Career Advancement Scheme and give consequential benefits. It is the case of the petitioner that the University has granted the said benefit to similarly placed persons, going by Exts.P8 and P11. 5. The first respondent has filed a statement. In paragraph (4) of the statement it is stated that the University has addressed the Government for a clarification as to whether such previous service can be reckoned for promotion under the 86 Scheme. The learned Standing Counsel for the first respondent submitted that the University is in the process of verifying the details submitted by the petitioner regarding the service rendered at the Karnataka Regional Engineering College, Surathkal and, therefore, a final decision will be taken immediately after getting the confirmation from the said College. It is further submitted that the matter will be expedited also. Therefore, there will be a direction to the first W.P.(C). No.18796/2009 -:3:- respondent to consider the claim of the petitioner for the benefits sought for in Exts.P4 and P6 representations and appropriate orders shall be passed within a period of four months from the date of receipt of a copy of this Judgment. Depending upon the outcome, consequential benefits will also be disbursed to the petitioner. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms