IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 31758 of 2010(T) -------------------------- PETITIONER(S): --------------- DR.C.R.VINODKUMAR, READER, IN CHEMISTRY, GOVT.POLYTECHNIC COLLEGE, KADUTHURUTHI, KOTTAYAM DISTRICT-686 613. BY ADV. SMT.P.V.ASHA SMT.VINEETHA B. SMT.LEENA RASHEED RESPONDENT(S): --------------- 1. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM-695 033. 2. ACCOUNTANT GENERAL (A&E), THIRUVANANTHAPURAM-695 039. 3. SENIOR ACCOUNTS OFFICER, OFFICE OF THE ACCOUNTANT GENERAL (A&E), KERALA BRANCH, KOTTAYAM-686 006. BY GOVERNMENT PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.31758 OF 2010 ------------------------------ Dated this the 4th day of November, 2010 JUDGMENT The reliefs prayed for in the Writ Petition are the following: “a. issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to re-fix the pay of petitioner after granting him advance increments in terms of Ext.P4 and P7 judgments and disburse the entire arrears due to him along with interest at the rate of 12% per annum on arrears due to him based on such re-fixation; b. issue such other directions as this Hon'ble Court may deem fit and proper; c. Grant the costs of this petition.” 2. A statement dated 3rd November, 2010 is filed on behalf of the first respondent. For the sake of convenience, the statement is quoted below: “1. The petitioner acquired Ph.D on 20.9.1997 and his grievance is that he is denied advance increment due to him on acquiring Ph.D. W.P.(C).No.31758 OF 2010 2 2. The petitioner had filed WP(C) No.34803/2004 before the Hon'ble High Court of Kerala. Considering the judgment of the Hon'ble High Court of Kerala, the department verified the admissibility of Advance Increment to the petitioner and requested the 2nd respondent to sanction him Advance increments with effect from 20.9.1997, through letter No.U.G.C Cell 3 (2) 13217/05 dated 6.5.2005. The copy of the letter was served to the petitioner also. 3. The petitioner brought before the attention of the department that he is still in not receipt of the benefit of advance increments through his letter dated 13.6.2009. Consequent on the receipt of the representation from the petitioner, a request was made to 2nd respondent about non-fixation of pay by adding the advance increments. The 2nd respondent vide letter dated 22.9.2010 informed the respondent that authorization slip can be issued only on receipt of Departmental orders sanctioning advance increments to the petitioner. 4. The request dated 13.6.2009 submitted by the petitioner was examined in detail. The petitioner's request was that he is entitled to get two advance increments with effect from 20.9.1997, ie on the date of awarding his Ph.D Degree. Having found that he is entitled for the benefit from 20.9.1997, the same was allowed by proceedings dated 19.10.2010, also requested the 2nd respondent to make pay fixation in accordance with the above proceedings. Copy has been sent to the 2nd respondent and to the petitioner also. True copy of the order dated 19.10.2010 is produced herewith and marked as Annexure-R1(a).” 3. In view of the statement filed and in view of Ext.R1(a) order dated 19.10.2010, the only order W.P.(C).No.31758 OF 2010 3 that is required is to issue a direction to the Accountant General (Second respondent) to re-fix the pay of the petitioner and to disburse the benefits. Accordingly, there will be such a direction to the second respondent. The second respondent shall pass appropriate orders within a period of one month from the date of receipt of a copy of the judgment. K.T.SANKARAN, JUDGE. cms