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. 8653 of 2010(F) -------------------------------------- PETITIONER(S): ------------------------ 1. DR.NEETA N.NAIR,LECTURER IN BOTANY, MAR THOMA COLLEGE,THIRUVALLA. 2. DR.VINOD KUMAR.T.G,LECTURER IN BOTANY, ST.THOMAS COLLEGE,RANNY. 3. DR.FRANCIS MATHEW,LECTURER IN BOTANY, ST.THOMAS COLLEGE,RANNY. BY ADV. SRI.BABU VARGHESE RESPONDENT(S): -------------------------- 1. STATE OF KERALA,REPRESENTED BY ITS PRINCIPAL SECRETARY,DEPARTMENT OF HIGHER EDUCATION GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN,PMG JUNCTION,THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,KOTTAYAM. 4. THE UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS SECRETARY,BAHADAR SHAH ZAFAR MARG,NEW DELHI-110 002. 5. THE PRINCIPAL,MAR THOMA COLLEGE, THIRUVALLA. 6. THE PRINCIPAL,ST.THOMAS COLLEGE,RANNY. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD R4 BY ADV. SRI.S.KRISHNAMOORTHY, CGC BY ADV SRI.SATHISH NINAN BY ADV. SRI.SANTHOSH MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2011, ALONG WITH WPC NO. 7440 OF 2010 ,AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.8653/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE APPOINTMENT ORDER DATED 26/9/05 OF THE 1ST PETITIONER. P1(A) COPY OF THE APPOINTMENT ORDER DATED 2/6/2008 OF THE 2ND PETITIONER. P1(B) COPY OF THE APPOINTMENT ORDER DATED 2/6/2008 OF THE 3RD PETITIONER. P2 COPY OF THE APPROVAL ORDER DATED 16/11/2007 OF THE 1ST PETITIONER. P2(A) COPY OF THE APPROVAL ORDER DATED 11/02/09 OF THE 2ND PETITIONER. P2(B) COPY OF THE APPOINTMENT ORDER DATED 1/8/07 OF THE 1ST PETITIONER. P2(C) COPY OF THE APPROVAL ORDER DATED 25/6/08 OF THE 1ST PETITIONER IN THE SUBSTANTIVE VACANCY. P3 COPY OF THE G.O.(P)NO.44/2001/H.EDN DATED 29/3/2001. P4 COPY OF THE PH.D DEGREE CERTIFICATE ISSUED TO THE 1ST PETITIONER. P4(A) COPY OF THE PH.D DEGREE CERTIFICATE ISSUED TO THE 2ND PETITIONER. P4(B) COPY OF THE PH.D. DEGREE CERTIFICATE ISSUED TO THE 3RD PETITIONER. P5 COPY OF THE REPRESENTATION DATED 1/3/2010 FILED BEFORE THE 1ST RESPONDENT. P6 COPY OF THE LETTER NO.F.3-1/2002(PS) DATED 16/1/2003 ISSUED BY THE U.G.C P7 COPY OF THE LETTER NO.F.3-1/2002 (PS) DATED 15/7/2003 ISSUED BY THE U.G.C P8 COPY OF THE ORDER ISSUED BY THE KERALA LOK AYUKTHA DATED 2/6/2003. P9 COPY OF THE JUDGMENT DATED 7/1/2005 IN WP(C) NO.34803 OF 2004. P10 COPY OF THE SANCTIONING ORDER OF THE INCREMENT TO SMT.VALSA A.K. BY THE 4TH RESPONDENT DATED 15/10/2001 P11 COPY OF THE ORDER DATED 5/8/2005 ISSUED BY THE DEPUTY DIRECTOR. P11(A) COPY OF THE ORDER DATED 9/5/2007 ISSUED BY THE DEPUTY DIRECTOR. P12 COPY OF THE ORDER G.O.(RT)990/2009 H.EDN DATED 8/7/2009. RESPONDENT'S EXHIBITS: R4(A) COPY OF THE NOTIFICATION NO.F.1-22/97-U.1 OF THE GOVERNMENT OF INDIA DATED 27/07/1998. R4(B) COPY OF THE LETTER DATED 24/12/1998 ALONG WITH THE UGC NOTIFICATION ON REVISION OF PAY SCALES, MINIMUM QUALIFICATIONS FOR APPOINTMENT OF TEACHERS IN UNIVERSITIES AND COLLEGES AND OTHER MEASURES FOR THE MAINTENANCE OF STANDARDS. R4(C) COPY OF THE LETTER DATED 31/8/2001. R4(D) COPY OF THE LETTER DATED 24/07/2002. /TRUE COPY/ sts P.A.TO.JUDGE T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)Nos.35438/09 and 20637, & 7440 and 8653 Of 2010 ----------------------------------------------------- DATED THIS THE 4th DAY OF FEBRUARY, 2011 J U D G M E N T In these Writ Petitions, the petitioners are working as Lecturers in various subjects in different Colleges and they are Ph.D. holders also. The main relief sought for in the Writ Petitions is to grant a declaration that they are entitled to advance increments and other benefits with effect from various dates in the light of G.O.(P)No.171/99 /H.Edn. dt.21.12.1999. 2. The learned Government Pleader placed for perusal a recent order passed by the Government G.O.(MS) No.4/2011/H.Edn. dated 24.1.2011, wherein the Government have ordered 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.” W.P.(C)No.35438/09 & con.cases -2- The same will satisfy the grievance of the petitioner. Therefore, there will be a direction to the competent authority among the respondents to consider the claims of the petitioners in the light of the proposals already forwarded by the respondents-Colleges and pass appropriate orders within a period of two months and release the consequential monetary benefits. In case where proposals have not been forwarded by the respondent Colleges, the Colleges will forward the same within three weeks from the date of receipt of a copy of this judgment, on which the competent authority will pass appropriate orders and in such cases the said authority will pass orders and release the benefits within a period of three months. The legal contentions raised by the University Grants Commission in the counter affidavit are left open. The Writ Petitions are disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn