IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 20507 of 2006(N) -------------------------------------- PETITIONER(S): --------------------- DR.S.NATARAJA IYER, LECTURER, SELECTION GRADE, DEPARTMENT OF COMMERCE, S.D.COLLEGE, ALAPPUZHA. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT(S): ------------------------ 1. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP.BY IT'S SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. PRINCIPAL, S.D.COLLEGE, KALARKODE P.O., ALAPUZHA. GOVERNMENT PLEADER SRI.T.T.MOHAMMED FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2008, ALONG WITH WPC NO. 18079 OF 2007 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 20507/2006-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.AC.FIII/1162/2004 DATED 11/05/2004 ISSUED BY THE KERALA UNIVERSITY. EXT.P2: COPY OF THE ORDER NO.A3-8420/2004 DATED 18/11/2004 ISSUED BY THE 1ST RESPONDENT. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 12/01/2005. RESPONDENT'S EXHIBITS: EXT.R2(a): COPY OF THE G.O.(P)44/H.EDN./2001 DATED 29/03/2001. //TRUE COPY// P.A. TO JUDGE Rs/ ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).Nos.20507/2006, 18079/07,18128/07, 33207/07, 34543/07 & 15428/08 ----------------------------------------------------------- Dated this the 20th day of October, 2008 JUDGMENT For convenience, I refer to the facts of the case in WP (c).No.20507/2006. 2. The second respondent appointed the petitioner as a Lecturer with effect from 18.11.1985. He was granted senior grade with effect from 18.11.1993 and that was approved by the University. While continuing so, the petitioner acquired Ph.D with effect from 22.5.1996. Subsequently, the petitioner was granted Selection Grade with effect from 27.7.1998 and that was also approved by the University. In this writ petition what is claimed by the petitioner is the benefit of clause 6.18 of GO(P).No.179/99/H.Edn dated 29.12.1999. In the aforesaid Government Order, incentive in the form of two advance increments to a Lecturer on WP(c).No.20507/06 & ors. 2 acquisition of Ph.D is provided. That benefit has been rejected to the petitioner by Ext.P2 order. Ext.P2 to the extent it is relevant is extracted below for reference. "As per the reference 3rd above Principal, S.D College, Alappuzha has forwarded proposal for sanctioning advance increment to Dr.Nataraja Iyer, Lecturer, Selection Grade in Commerce of the College. The proposal has been examined with Service book and other relevant records and found that the incumbent acquired Ph.D in Commerce with effect from 22.5.1996 from Kerala University while he was working as Lecturer(Senior Scale) in Commerce. According to the Government Order referred 2 above Lecturer who got Ph.D subsequently and who had not given the benefit earlier will be eligible for 2 advance increments when he moves into Selection Grade. The advance increment will be sanctioned in the lower scale for fixing the pay WP(c).No.20507/06 & ors. 3 in the Higher Scale. Dr. Nataraja Iyer is promoted as Lecturer(Sel.Grd) with effect from 27.7.1998. She was not granted any advance increment for Ph.D in the Service earlier. Hence Sanction is accorded for granting two advance increment to Dr. Nataraja Iyer, Lecturer Selection Grade with effect from 27.7.1998 the date on which he moves into Lecturer Selection Grade and his pay is regulated as detailed below. 1. Pay as on the date of promotion in the Lower Scale(Sr.Scale) :Rs.10650/- 2. Date of promotion :27.7.1998 3. Pay after adding 2 advance increment in the lower scale @ Rs.325/-, Rs.11300/- 4. Pay in the Higher Scale (12000-420-18300)and date of Rs.12000/- effect. (minimum) 5. Date of next increment 01.07.1999 Principal is directed to make necessary entires in this regard in the service book of the incumbent under proper attestation and forward the same to this office for countersignature along with the first WP(c).No.20507/06 & ors. 4 claim consequent on the grant of the increment. A copy of the order must invariably be pasted in the service book of the incumbent." 3. Thus, it can be seen from Ext.P2 that the advance increment admissible to the petitioner in terms of clause 6.18 has been granted in the scale attached to Senior Scale Lecturer and thereafter of his pay has been filed in the scale as applicable to the Selection Grade. According to him, in the powers, he has not derived any monetary benefit consequent on the advance increments that have been granted to him. 4. This complaint of the petitioner is sought to be resisted in the counter affidavit, relying on Ext.R2(a) Government order. Ext.R2(a) shows that advance increments will be sanctioned in the lower scale and thereafter pay is fixed in the higher scale. Therefore, the effect of Ext.R2(a) is that when the petitioner was granted advance increments, the same was granted in the scale WP(c).No.20507/06 & ors. 5 attached to Senior Scale and thereafter he has been given fixation in the scale as applicable to the Selection Grade. In this case as the pay drawn by the petitioner even after granting advance increment was lower than the minimum of the scale as applicable to the Selection Grade, the petitioner has been fixed at the minimum of the scale as applicable to the Selection Grade. Therefore, he has not derived any monetary benefit out of the advance increments that has been granted. 5. This situation has arisen consequent on the implementation of cluase (5) of Ext.R2(a). In my view, Ext.R2(a) runs counter to clause 6.18 of G.O(P) No.177/99/H. Edn. dated 29.12.99, which provides for incentive to Lecturers who acquired Ph.D/M.Phil. If incentive is to be given to Lecturers, necessarily it should result in monitory advantage to the beneficiaries. The effect of Ext.R2(a) is that what is provided by the Government Order referred to above is actually taken away from the Lecturers. In my view, necessarily, the situation calls for a re- WP(c).No.20507/06 & ors. 6 examination. 6. Accordingly, the writ petitions are disposed of directing that the Government shall reconsider the impact of clause 5 of Ext.R2(a) and take a fresh decision in the matter, as expeditiously as possible and at any rate within 3 months from the date of production of a copy of the judgment. In WP(c).Nos.18079/07,18128/07,33207/07, 34543/07 & 15428/08, the claim for advance increments have been granted but fixation has been done in the manner as already explained resulting in no pecuniary benefits to the petitioners. In view of the discussions as above, the claims of the petitioners will also be reconsidered in the manner as directed above. ANTONY DOMINIC JUDGE vi. WP(c).No.20507/06 & ors. 7