IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 24822 of 2009(W) ------------------------ PETITIONER : -------------------- DR.SHERLY WILLIAMS, LECTURER (SENIOR SCALE), DEPARTMENT OF ZOOLOGY, FMN COLLEGE, KOLLAM. BY ADV. SRI.S.MUHAMMED HANEEF RESPONDENT(S): ------------------------- 1. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANATNHAPURAM 3. STATE OF KERALA, REP.BY ITS SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2011, ALONG WITH WPC NO. 17623 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 24822 of 2009(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER NO. AC.FIII2/10371/2007 DATED 13-9-2007 ISSUED BY THE UNIVERSITY OF KERALA. EXT.P2 : COPY OF THE EXTRACT OF GO(P)NO. 171/99/H.EDN DATED 21-12-1999. EXT.P3 : COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DT. 3-7-2009 TO THE 1ST RESPONDENT WITH COPY TO THE PETITIONER. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)Nos.24822/09-W & 17623/10-C ----------------------------------------------------- DATED THIS THE 31st DAY OF JANUARY, 2011 J U D G M E N T The issue raised in these two Writ Petitions are common and therefore, they are disposed of together. 2. In W.P.(C)No.24822/09, the petitioner was appointed as Lecturer(Zoology) by the management of FMN College, an aided College affiliated to the University of Kerala with effect from 17.1.2000. Her appointment was approved and she has been receiving salary also. She was placed as Lecturer Senior Scale with effect from 17.1.2004 on completion of four years of service as she was having Ph.D. from the University of Kerala, which she passed on 19.9.2004 prior to her entry in service. Exhibit P1 is the order granting approval of appointment by the University . 3. The petitioner is claiming the benefit of paragraph No.6.16 of the Government Order, Exhibit P2, relating to UGC Scheme. Therein four and two advance increments will be admissible to those who hold Ph.D and M.Phil. Degrees respectively at the time of appointment as Lecturers. W.P.(C)Nos24822/09 & 17623/10 -2- 4. In W.P.(C)No.17623/10, the petitioner was appointed as Lecturer in Hindi by the Management of S.N.Colleges with effect from 11.3.2008. The said appointment was approved and the petitioner had passed Ph.D. prior to her entry in service. Herein also the claim is identical. 5. The learned Government Pleader submitted that the Government has passed G.O.(MS)No.4/11/H.Edn. Thiruvananthapuram, dated 24.1.2011, wherein the Government has withdrawn the direction in Government letter No.23416/C3/ 2004/H.Edn. dt.18.10.2004. Paragraph 5 of the Government Order reads as follows: “In the circumstances Government hereby order that advance increments as provided in Paragraph 6.16 of the G.O. read as first above shall be admissible to all teachers who were recruited as Lecturers after availing exemption from NET. Government letter read as third above is accordingly withdrawn.” In the light of the above, there cannot be any dispute that the petitioners are entitled for the benefit of paragraph 6.16 of Exhibit P2 as well as the benefit of the recent Government order W.P.(C)Nos24822/09 & 17623/10 -3- dated 24.1.2011. Therefore, the Writ Petitions are allowed. The 1st respondent will pass orders granting the said benefit within two months to the petitioners and the monetary benefits will be disbursed to the petitioners on production of the bills by the Principal, without further delay. No costs. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge