IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 6812 of 2006(J) ------------------------------------ PETITIONER(S): ---------------------- 1. DR. V.P.DEVADAS, AGED 42 YEARS, S/O. K.P. DAMODARAN NAIR, LECTURER, SENIOR SCALE, DEPARTMENT OF HISTORY, N.S.S. COLLEGE, MANJERI, MALAPPURAM DISTRICT. 2. DR. G.PRASANNAKUMAR, AGED 41 YEARS, S/O. GOPALA MENON, LECTURER SENIOR SCALE, DEPARTMENT OF PLANT SCIENCE, N.S.S. COLLEGE, MANJERI, MALAPPURAM DISTRICT. 3. SMT. SREELATHA NAIR, AGED 38 YEARS, D/O. SANKARAN, LECTURER SENIOR SCALE, DEPARTMENT OF ENGLISH, N.S.S. COLLEGE, MANJERI, MALAPPURAM DISTRICT. 4. DR. M.R.PRASANNAKUMARI, AGED 40 YEARS, D/O. RAGHAVAN PILLAI, LECTURER, SENIOR SCALE, DEPARTMENT OF MATHEMATICS, N.S.S. COLLEGE,MANJERI, MALAPPURAM DISTRICT. 5. DR.J.C. JEEJA REMANI, AGED 40 YEARS, D/O. CHANDRASEKHARAN MENON, LECTURER SENIOR SCALE, DEPARTMENT OF PHYSICS, N.S.S. COLLEGE, MANJERI, MALAPPURAM DISTRICT. 6. DR. GEETHAKUMARI B.R., AGED 42 YEARS, D/O. BALAKRISHNA PILLAI, LECTURER SENIOR SCALE, DEPARTMENT OF ENGLISH, N.S.S. COLLEGE, MANJERI, MALAPPURAM DISTRICT. 7. DR. K.N. SREEKANTHAN, AGED 42 YEARS, S/O. K.C.K. RAJA, LECTURER SENIOR SCALE, DEPARTMENT OF PHYSICS, N.S.S. COLLEGE, MANJERI, MALAPPURAM DISTRICT. 8. DR. SUDHAKARAN K.V., AGED 42 YEARS, S/O. K.K. NARAYANAN, LECTURER SENIOR SCALE, DEPARTMENT OF COMMERCE, MALABAR CHRISTIAN COLLEGE, KOZHIKODE. W.P.(C). NO. 6812/2006-J 9. SMT. SINDHU K.S., AGED 38 YEARS, D/O. RAMAKRISHNA PILLAI, LECTURER SENIOR SCALE, DEPARTMENT OF MATHEMATICS, MALABAR CHRISTIAN COLLEGE, KOZHIKODE. BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.R.V.SATHYAPRIYAN NAIR RESPONDENT(S): ------------------------ 1. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR COLLEGIATE EDUCATION, KOZHIKODE. 3. THE PRINCIPAL, N.S.S. COLLEGE, MANJERI, MALAPPURAM DISTRICT. 4. THE PRINCIPAL, MALABAR CHRISTIAN COLLEGE, KOZHIKODE. 5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE FOR R1, R2 & R5 ADV. SRI.P.G.PARAMESWARA PANICKER (SR.) FOR R3 SRI.P.GOPAL FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 6812/2006-J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMUNICATION DATED 07/06/1996 ISSUED BY THE UNIVERSITY OF CALICUT ISSUED TO THE 1ST RESPONDENT. EXT.P2: COPY OF THE CERTIFICTE DATED 28/06/1996 ISSUED TO THE 1ST PETITIONER BY THE UNIVERSITY OF CALICUT. EXT.P3: COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY OF MADRAS DATED 29/01/2002 TO THE 3RD PETITIONER. EXT.P4: COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY OF CALICUT DATED 23/11/1995 ISSUED TO THE 3RD PETITIONER. EXT.P5: COPY OF THE CERTIFICATE ISSUED TO THE 5TH PETITIONER BY THE UNIVERSITY OF KERALA DATED 31/12/1994. EXT.P6: COPY OF THE CERTIFICATE ISSUED TO THE 6TH PETITIONER ISSUED BY THE UNIVERSITY OF CALICUT DATED 17/05/1994. EXT.P7: COPY OF THE CERTIFICATE ISSUED TO THE 7TH PETITIONER BY THE SARDAR PATEL UNIVERSITY DATED 28/03/1992. EXT.P8: COPY OF THE CERTIFICATE ISSUED TO THE 8TH PETITIONER BY THE MAHATMA GANDHI UNIVERSITY DATED 29/08/1992. EXT.P9: COPY OF THE CERTIFICATE ISSUED BY THE SARDAR PATEL UNIVERSITY DATED 18/12/1992 ISSUED TO THE 9TH PETITIONER. EXT.P10: COPY OF THE ORDER GO.NO.GSP 171/99/H, EDN. DATED 21/12/1999. EXT.P11: COPY OF THE ORDER GO(MS)NO.21/2001/H.EDUCATION DATED 23/02/2001. EXT.P12: COPY OF THE REPRESENTATION DATED 14/10/2004 SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT. EXT.P13: COPY OF THE MINUTES OF THE SYNDICATE MEETING OF THE CALICUT UNIVERSITY DATED 23/05/1996 ISSUED BY THE UNIVERSITY ON 07/06/1996. RESPONDENT'S EXHIBITS: EXT.R2(a): COPY OF THE LETTER DTED 19/12/2005. EXT.R2(b): COPY OF THE LETTER DATED 09/03/2006. //TRUE COPY// P.A. TO JUDGE Rs/ ANTONY DOMINIC, J. -------------------------- W.P.(C) No.6812 OF 2006 ------------------------------------- Dated this the 28th day of November 2008 J U D G M E N T The prayer in this writ petition is for the benefit of advance increments as provide in Clauses 6.16 and 6.19 of Ext.P10, the extract of the UGC scheme introduced in the State by Government Order dated 21/12/1999. Among the petitioners, all except 7th petitioner are Lecturers (Senior Scale) and the 7th petitioner is Lecturer (Selection Grade) 1 to 7 of them are working in NSS College, Manjeri and 8 & 9 are working in Malabar Christian College, Kozhikkode. 2. It is submitted that in so far as the 1st petitioner is concerned, he acquired Ph.D immediately after his appointment. In so far as the petitioners 2 to 5 & 8 are concerned, even at the time of their appointment, they were Ph.D holders. In so far as the petitioners 3 & 9 are concerned, at the time of their appointment, they had W.P.(C) No.6812/2006 -2- already acquired M.Phil. 3. It is stated that Clause 6.16 of Ext.P10 provided for four and two advance increments to those who hold Ph.D and M.Phil degrees respectively at the time of recruitment as Lecturers. Similarly, it is stated that as per Clause 6.19, a teacher, who acquired Ph.D in his/her service career, is eligible for two advance increments as and when he/she acquired the same. It is on the basis of these two provisions in Ext.P10, that the petitioners are claiming the benefit of advance increments. 4. Though primafacie, it would appear that they are eligible for the benefit claimed, from the pleading of the Principal of NSS College, Manjeri, it would appear that no proposals were made by the petitioners claiming the benefit of Clauses 6.16 and 6.19 of Ext.P10. Since there is no appearance on behalf of the 4th respondent, the position in so far as the petitioners 8 & 9 is not clear. 5. However, the learned counsel for the petitioners W.P.(C) No.6812/2006 -3- submit that since the filing of this writ petition, all the petitioners have filed proposals claiming the benefit of Clauses 6.16 and 6.19 of Ext.P10. But, however, final orders have not been passed by the 2nd respondent, the competent authority. 6. Now that the petitioners submit that they are already placed in the UGC scale and on account of their qualification as stated above, they are eligible for the benefit of Clauses 6.16 and 6.19 of Ext.P10, it is a matter for the 2nd respondent to consider and pass final orders dealing with the claims. For that purpose it is necessary that the proposals should reach the competent authority. Therefore, I direct that if the petitioners have already made the proposals, the respondents 3 & 4 should take up the matter before the 2nd respondent, after obtaining necessary sanction from the Manager concerned. If proposals have not been made, it will be open to the petitioners to submit their proposals to the Principal concerned, who shall take up W.P.(C) No.6812/2006 -4- the matter before the 2nd respondent after obtaining necessary concurrence from the Manager concerned. On receipt of the proposals as above, the 2nd respondent shall consider the same and pass final orders, within eight weeks of its receipt. 7. The petitioners shall produce a copy of this judgment before the respondents 2 to 4, for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg