IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 40413 of 2003(J) --------------------------------- PETITIONER(S): ------------------- I.HASOONA, LECTURER IN CIVIL ENGINEERING, T.K.M. COLLEGE OF ENGINEERING, KOLLAM. BY ADVS. SRI.C.P.SUDHAKARA PRASAD SRI.ELVIN PETER P.J. SRI.S.RAMESH SRI.P.N.SANTHOSH SRI.P.N.SANTHOSH RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE CHAIRMAN, GOVERNING BODY, T.K.M. COLLEGE OF ENGINEERING, KOLLAM - 5. 4. THE REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. R1,2 BY GOVT. PLEADER R3 BY ADVS. SRI.N.SUGATHAN SMT.VARSHA BHASKAR R4 BY ADVS. SRI.M.K.CHANDRAMOHAN DAS,SC,KERALA UTY. SRI.S.GOPAKUMARAN NAIR, SC KERALA UTY. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 40413 /2003(J) APPENDIX PETITIONER'S EXHIBITS: COPOY OF APPOINTMENT ORDER DATED 07/08/1985 OF THE PETITIONER. P2: COPY OF THE AMENDMENT TO THE UNIVERSITY REGULATIONS ISSUED AS PER NOTIFICATION DATED 30/10/1992. P3 COPY OF THE DETAILS OF THE REFRESHER COURSES ATTENDED BY THE PETITIONER. P4: COPY OF THE ORDER G.O.(P)NO.68/2000/H.EDN. DTD. 18/05/2000. P5: COPY OF JUDGMENT DATED 8TH AUGUST, 1997 IN O.P.8881/96 OF THIS HON'BLE COURT. P6: COPY OF COMMUNICATION NO.AC.F.U(1)26875/98 DATED 07/04/99 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT. P7: COPY OF COMMUNICATION NO.AC.F.I.11757/2001. DATED 19/12/01 ALONG WITH THE NORMS FOR CAREER ADVANCEMENT ISSUED BY the 4th RESPONDENT. P8: COPY OF ORDER NO.DP3/97/DTE. DATED 03/06/98 OF THE 2ND RESPONDENT. P9: COPY OF ORDER NO.DP3/22243/2001. DATED 12/09/2001 ISSUED BY THE GOVERNMENT. P10: COPY OF ORDER NO.31556/J3/2001/H.EDN. DATED 01/08/2003 ISSUED BY THE GOVERNMENT. P11: COPY OF ORDER, G.O.(MS)NI.33/99/H.EDN. DATED 19/04/1999 ISSUED BY THE GOVERNMENT. P12: COPY OF COMMUNICATION NO.DP 3/22243/01. DATED 14/10/2003 ISSUED BY THE 2ND RESPONDENT. P13: COPY OF THE MINUTES OF THE MEETING HELD ON 10/03/1997. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 40413 of 2003-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2011. JUDGMENT The petitioner seeks for a declaration that she is entitled for placement as Senior Scale Lecturer with effect from 12.8.1993 and as Selection Grade Lecturer with effect from 12.8.1998 and to disburse arrears of salary accordingly. 2. The petitioner entered service as Lecturer in T.K.M. College of Engineering, Kollam as per Ext.P1 order dated 7.8.1985. The Government as per G.O.(P) No.81/90/H.Edn. dated 27.3.1990 issued a scheme for career advancement under the AICTE Scheme for persons like the petitioner. The University regulations were also amended as per Ext.P2. As per the amended regulations, a Lecturer to be placed in Senior Scale, he should complete 8 years of service as on 1.1.1986 or thereafter. He will have to complete the required number of refresher courses also. It is the case of the petitioner that she completed the two refresher courses of two weeks duration as evident from Ext.P3, for placement as Senior Scale and therefore she should have been placed in the Senior Scale with effect from 12.8.1993. The said placement was not given by the second respondent on the basis wpc 40413/2003 2 that she should complete two refresher courses of four weeks duration as provided in Govt. Order dated 27.3.1990. 3. While the petitioner was continuing as Lecturer , she obtained M.Tech qualification in Civil Engineering in January, 1994. The revised scale of pay with effect from 1.1.1996 and guidelines for placement as Senior Scale and Selection Grade under the AICTE Scheme came into force with effect from 1.1.1996, as per G.O.(P) No.68/2000/H. Edn. Dated 18.5.2000, produced as Ext.P4. Therein, as per the Note, a grace period upto 31.3.2001 will be given to the existing staff for completing the required number of short term courses. According to the petitioner, she is entitled for placement as Selection Grade Lecturer with effect from 12.8.1998. The petitioner completed the 8 weeks refresher course by 17.5.1997. The petitioner relied on the case of one Smt. Anitha Joseph, who was appointed as a Lecturer in Civil Engineering with effect from 25.10.1985 and though she is junior to the petitioner, she was granted Senior Scale Lecturer with effect from 27.12.1991. On that date she did not complete the required number of refresher courses. It is pointed out that a similar treatment was not meted out to the petitioner. By Ext.P8 wpc 40413/2003 3 order, the petitioner was given placement as Senior Scale Lecturer after she completed four refresher courses of two weeks duration, only with effect from 18.5.1997. The petitioner thereafter filed a representation before the Government and by Ext.P10, it was ordered that the petitioner is eligible for placement as Senior Scale Lecturer with effect from 12.8.1993 as per G.O. (MS) No.33/99/H.Edn. dated 19.4.1999. Thereafter, the second respondent forwarded a communication to the Government as per Ext.P12 stating that the said Govt. Order is not applicable to the petitioner. Challenge is against Exts.P8, P9 and P12. The petitioner has raised various contentions in the writ petition. 4. Heard learned counsel for the petitioner and learned Government Pleader. 5. As per Ext.P10 the Government issued a communication to the Director of Technical Education in which it is mentioned that the petitioner is eligible for placement in Senior Scale with effect from 12.8.1993. The objection taken in Ext.P12 in the matter is that G.O.(MS) No.33/99/H.Edn. dated 19.4.1999 is applicable only for UGC Scheme. 6. Learned counsel for the petitioner relied upon the judgment in wpc 40413/2003 4 W.P.(C) No.29023/2009 in respect of another lecturer in the same college and who is junior to the petitioner in the Civil Engineering Department. It is pointed out that the petitioner is also entitled for the benefit of the same judgment. Therein, this Court considered the effect of various orders. The petitioner therein was granted Senior Scale with effect from 18.5.1997, after he completed the refresher course in 1997. The main contention raised therein was that no relaxation was granted to persons like the petitioner whereas in respect of seniors and in respect of persons who were appointed under the revised AICTE Scheme in 1996, they were given sufficient time to acquire the qualification. 7. This Court, in the above judgment in paragraphs 5 and 6, noted that as per Govt. Order dated 22.6.1993 the Government directed that all the Lecturers who have completed the requisite period of service upto 31.3.1993, shall be given placement in the senior scale with effect from the date on which they completed six years period on condition that they should participate in the requisite number of refresher courses within two years. As per the revised scheme of AICTE which was implemented by the Government with effect from 1.1.1996, the period fixed to complete the wpc 40413/2003 5 requisite number of refresher courses was before 31.3.2001. This was extended by a later order dated 5.11.2004, upto 31.12.2004 (Ext.P4 produced therein). This Court considered the plea of the petitioner therein that there was no sufficient facilities for attending the courses. It was found therein that relaxation ought to have been granted. The petitioner therein and other similarly placed persons were granted the said benefit. 8. The situation herein is also similar. The petitioner in W.P.(C) NO.29023/2009 completed four refresher courses only on 18.5.1997. thereafter he was placed in the senior scale. Therefore, the complaint of the petitioner herein that the time taken for completing the refresher courses, could have been taken into consideration, is justified. Since the petitioner in W.P.(C) No.29023/2009 is junior to the petitioner herein, the same benefit is liable to be extended to the petitioner herein also. The said judgment will apply to the facts of this case. I am not therefore going into the other contentions raised in the writ petition. 9. In that view of the matter, the view taken in Exts.P8, P9 and P12 cannot be supported. In Ext.P10 communication, the Government found that the petitioner is eligible for placement in senior scale with effect from wpc 40413/2003 6 12.8.1993. 10. Hence, the impugned orders are quashed. It is declared that the petitioner is entitled to get placement in senior scale with effect fro 12.8.1993 and selection grade with effect from 12.8.1998. Appropriate orders will be passed refixing the senior scale granted to the petitioner and granting the consequential benefits within three months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/