IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 13127 of 2007(K) -------------------------------------- PETITIONERS: --------------------- 1. DR.B.KERALA VARMA, LECTURER SENIOR SCALE, DEPARTMENT OF ENGLISH, MAHARAJA'S COLLEGE, ERNAKULAM. 2. ASOKAN.C.K., LECTURER SENION SCALE, DEPARTMENT OF MATHEMATICS, GOVERNMENT POLYTECHNIC COLLEGE, VENNIKULAM, PATHANAMTHITTA. 3. VARGHESE JACOB, LECTURER SENION SCALE, DEPARTMENT OF MATHEMATICS, GOVERNMENT POLYTECHNIC COLLEGE, VENNIKULAM, PATHANAMTHITTA. BY ADV. SRI.P.C.SASIDHARAN. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, TRIVANDRUM. 3. THE SCREENING/ SELECTION COMMITTEE FOR PLACEMENT OF THE GOVERNMENT COLLEGE LECTURERS, UNDER THE U.G.C. SCHEME SCALE, REPRESENTED BY ITS CONVENOR (ADDITIONAL DIRECTOR OF COLLEGIATE EDUCATION, O/O DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, TRIVANDRUM). R1 TO R3 BY GOVERNMENT PLEADER SRI. T.T. MOHAMOOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13127/2007 - K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE GOVERNMENT ORDER DTD. 21/12/99. EXT.P.2: COPY OF THE ORDER ISSUED BY THE ADDITIONAL DIRECTOR OF COLLEGIATE EDUCATION TO THE P.1. EXT.P.3: COPY OF THE ORDER ISSUED BY THE ADDITIONAL DIRECTOR OF COLLEGIATE EDUCATION ,P2. EXT.P.4: COPY OF THE ORDER ISSUED BY THE ADDITIONAL DIRECTOR OF COLLEGIATE EDUCATION, P3. EXT.P.5: COPY OF THE ORDER ISSUED BY THE ADDITIONAL DIRECTOR OF COLLEGIATE EDUCATION DTD. 15/12/01. EXT.P.6: COPY OF THE REPRESENTATION SUBMITTED BY THE P.1. BEFORE THE GOVERNMENT. EXT.P.7: COPY OF THE REPRESENTATION SUBMITTED BY THE P.2. BEFORE THE GOVERNMENT. EXT.P.8: COPY OF THE REPRESENTATION SUBMITTED BY THE P.3. BEFORE THE GOVERNMENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.13127/2007 ----------------------------------------------------------- Dated this the 5th day of December, 2008 JUDGMENT Petitioners were advised for appointment as Lecturers under the 2nd respondent on 7.9.2000, 7.10.1998 and 30.7.2001. Prior to such advise, the first petitioner worked in Pavanatma College, Murickassery during the period from 7.6.1993 to 6.9.2000 and the service was approved by the University. In so far as the 2nd petitioner is concerned, she had rendered previous service of 5 1/2 years in M.E.S College, Nedumkandam from 8.6.1997. In so far as the 3rd petitioner is concerned, she had 4 years service to her credit at the St. Joseph college, Devagiri from 3.12.1996. Both these appointments were also approved 2. The claim raised in this writ petition is that, for the purpose of placement in the senior scale, the previous Wp(c).No.13127/2007 2 approved service as above rendered by the petitioners should also be reckoned in terms of clause 7.1 of Ext.P1. Petitioners are referring to Ext.P5, an order issued by the 2nd respondent granting similar benefit to yet another person. They filed Exts.P6 to P8 representations before the first respondent, but without any response. 3. In the light of clause 7.1 of Ext.P1, the service rendered by the petitioners are liable to be reckoned and the entitlement of the petitioners cannot be disputed. However, the only dispute that has been raised by the parties is regarding the effective date from which the placement is to be granted. 4. Learned government Pleader contends that though the petitioners' previous service is liable to be reckoned, they can claim placement in the senior scale only on completion of their probation, where as the learned counsel for the petitioners contend that though for the purpose of placement declaration of probation is necessary, the Wp(c).No.13127/2007 3 effective date has to be reckoned from the date of completion of the required length of service, even if it falls within the period of probation. He has also referred to Ext.P5, where according to him this benefit has been granted. Though the learned Government Pleader has an explanation to offer about the benefit given in Ext.P5 and contends that the same is a mistake, having to the contention of the learned counsel for the petitioners that such benefit has been given to large number of persons, while I declare the entitlement of the petitioner to have their previous service also reckoned, I direct the 2nd respondent to decide on the effective date from which the placement in the senior scale of the petitioners should be given. 5. The second respondent shall take a decision on the effective date from which such scale is to be given to the petitioners, as expeditiously as possible and at any rate within six weeks from the date of production of a copy of the judgment. Once such a decision is taken, necessary order s Wp(c).No.13127/2007 4 on the release of benefits will also be passed. Needless to say that, on that basis, orders shall be passed on the eligibility of the petitioners for selection grade as well. ANTONY DOMINIC JUDGE vi. Wp(c).No.13127/2007 5