IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 12921 of 2008(L) -------------------------- PETITIONER(S): --------------- 1. RANI VIJAYA G.L.,LECTURER IN MATHS, COLLEGE OF APPLIED SCIENCES, INSTITUTE OF HUMAN RESOURCES DEPARTMENT, MEVELIKKARA, ALAPPUZHA DISTRICT. 2. S.SURESH KUMAR, LECTURER IN PHYSICS, TECHNICAL HIGHER SECONDARY SCHOOL, INSTITUTE OF HUMAN RESOURCES DEPARTMENT, MALLAPPALLY, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. INSTITUTE OF HUMAN RESOURCES DEPARTMENT, PROJOE TOWERS, VAZHUTHACAD, TRIVANDRUM-695014, REPRESENTED BY ITS DIRECTOR. *ADDL.R3. SMT.ASHA G.NATH, THSS, MALLAPPALLY. **ADDL.R4. SMT.SINDHU.S., LECTURER IN MATHS, COLLEGE OF MODEL ENGINEERING, THRIKKAKARA, INSTITUTE OF HUMAN RESOURCES DEPARTMENT, THIRKKAKARA. WPC NO.12921/2008 **ADDL.R5. SMT.SARAKUTTY K.J., LECTURER IN MATHS, COLLEGE OF ENGINEERING, CHENGANNUR, INSTITUTE OF HUMAN RESOURCES DEPARTMENT, CHENGANNUR. *(ADDITIONAL 3RD RESPONDENT IS IMPLEADED VIDE ORDER DATED 28/05/2008 IN I.A.NO.6347/08) **(ADDITIONAL 4TH & 5TH RESPONDENTS ARE IMPLEADED VIDE ORDER DATED 05/10/2009 IN I.A.NO.11072/2008) ADV. SRI.N.N.SUGUNAPALAN, SC, IHRDE SRI.S.SUJIN, SC, IHRD SRI.A.KRISHNAN FOR ADDL.R3 MR.DILIP MOHAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.12921/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF ORDER NO.E/4058/95/HRD DATED 22/04/96 ISSUED BY R2. P2 : COPY OF ORDER NO.E1/7158/98/HRD DATED 07/09/98 ISSUED BY R2. P3 : COPY OF ORDER NO.E3/5003/2000/HRD DATED 14/7/2000 ISSUED BY R2. P4 : COPY OF ORDER NO.E/4485/94/HRD DATED 02/03/95 ISSUED BY R2. P5 : COPY OF ORDER NO.E1/7160/98/HRD ISSUED BY R2. P6 : COPY OF ORDER NO.E3/5007/2000/HRD DATED 26/7/2000 ISSUED BY R2. P7 : COPY OF CIRCULAR NO.E2 775/04 HRD DATED 28/02/2004 ISSUED BY R2. P8 : COPY OF REQUEST SUBMITTED BY 2ND PETITIONER BEFORE R2. P9 : COPY OF LETTER NO.E3/2585/05/HRD DATED 22/03/2005 ISSUED BY R2 TO THE PRINCIPAL, TECHNICAL HIGHER SECONDARY SCHOOL, PUTHUPPALLY. P10 : COPY OF ORDER NO.EB1/1359/2005/HRD DATED 01/06/07 ISSUED BY R2. P11 : COPY OF REPRESENTATION DATED 15/6/07 SUBMITTED BY 1ST PETITIOENR BEFORE R2. P12 : COPY OF REPRESENTATION DATED 22/9/07 SUBMITTED BY 1ST PETITIONER BEFORE R2. P13 : COPY OF ORDER NO.EBI/1359/2005/HRD DATED 18/12/2007 ISSUED BY R2. P14 : COPY OF RELEVANT EXTRACT OF ORDER NO.EBI/1356/2005/HRD DATED 04/08/07 ISSUED BY R2. P15 : COPY OF REPRESENTATION SUBMITTED BY 2ND PETITIONER BEFORE R2. P16 : COPY OF REPRESENTATION DATED 14/02/2008 SUBMITTED BY 2ND PETITIONER BEFORE R2. P17 : COPY OF REPRESENTATION DATED 01/04/2008 SUBMITTED BY 1ST PETITIONER BEFORE R2. P18 : COPY OF ORDER NO.EA2/3737/2008/HRD(1) DATED 02/04/2008 ISSUED BY R2. P19 : COPY OF ORDER NO.EB1/4014/2008/HRD DATED 09/05/2008 OF R2. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.12921 of 2008 --------------------------------- Dated, this the 5th day of October, 2009 J U D G M E N T The petitioners are lecturers in the IHRD Colleges in Mathematics and Physics respectively. Presently, the 1st petitioner is working in an Engineering College and the 2nd petitioner, in a Non- Engineering College. Their regular services commenced with effect from 01/09/1998, as is evident from Exts.P2 & P5. Subsequently, the petitioners acquired M.Phil/PhD. As per Ext.P7 dated 28/02/2004, options were invited to the Engineering Colleges under the IHRD, and according to the petitioners, both of them submitted their option. Ext.P9 reply was given to the 2nd petitioner informing that there was no sanctioned post in the College opted by him. In so far as the 1st petitioner is concerned, no reply was given. Subsequently, by Ext.P10, with effect from 01/07/2006, though UGC scale was introduced in the Non-Engineering subjects in the Engineering Colleges, the petitioners were not extended to the benefit, and it was at that stage, this writ petition was filed seeking WP(C) No.12921/2008 -2- to compel the authorities to accept the options exercised by them. 2. In paragraph 6 of the counter affidavit, reason for not accepting the options exercised by the petitioners pursuant to Ext.P7, has been stated thus :- “The option and request of the 1st petitioner was not considered because of the non-availability of vacant sanctioned post in the Engineering College, Chengannur, the institution of her choice. The option and request of the 2nd petitioner was not considered as he did not possess the qualification stipulated at the time of invitation of the application. Further no sanctioned post of full time Lecturer in Physics was available in Engineering College service after his acquisition of M.Phil degree in 2003. The juniors to the petitioners were qualified as per Rules at the time of invitation of application for option and so they were given posting at Engineering Colleges.” A reading of the above paragraph shows that in so far as the 1st petitioner is concerned, there was no sanctioned post in the College opted by her. However, a reading of Ext.P7, by which options were invited, shows that the options were to be exercised in favour of the Engineering Colleges under the IHRD and not in respect of any particular college. The option was exercised by her in the light of Ext.P7 and it is also her specific case that she did not specify any College. If this be the position, non consideration of the option WP(C) No.12921/2008 -3- exercised by the 1st petitioner is erroneous. 3. In so far as the 2nd petitioner is concerned, a reading of paragraph 6 of the counter affidavit shows that the case of the respondent is that he acquired M.Phil only in 2003, and that subsequent to that no sanctioned post was available. It also does not appear to be correct in the light of Ext.P7 circular inviting options, which was issued only in 2004. In the light of the above, the reason stated in paragraph 6 does not appear to be acceptable. 4. Therefore, this writ petition is disposed of directing the respondents to consider the option exercised by the petitioners and fresh orders in this behalf shall be passed as expeditiously as possible, at any rate, within two months of production of a copy of this judgment. 5. As already stated, the 1st petitioner is now working in an Engineering College, and while so, for accommodating the 3rd respondent, she was ordered to be transferred, and that was stayed by this Court by order dated 28/05/2008 in I.A.Nos.6346 & 6347 of 2008. Now that fresh orders are to be passed, it is directed that the interim order of stay dated 28/05/2008 will remain in force until WP(C) No.12921/2008 -4- fresh orders are passed as above. Needless to say that the claim of the petitioners for UGC benefits will depend upon the orders to be passed as directed above. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg