IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WA.No. 2363 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22151/2008 Dated 21/11/2008 .................... APPELLANT/ PETITIONER ------------------------ LALITHA.M.C, W/O.KUNHUKUTTAN, ASSISTANT LIBRARIAN, SR.SCALE(RETD), KARIPAL HOUSE, PATTIKKAD.P.O, THRISSUR-680 652. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENTS/RESPONDENTS -------------------------- 1. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR-680 654. 2. KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, THRISSUR-680 654. ADV. SRI.RENJITH THAMPAN FOR RESPONDENTS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. --------------------------------- W.A.No. 2363 OF 2008 --------------------------------- Dated, this the 9th day of July, 2009 J U D G M E N T ~~~~~~~~~~~~ Balakrishnan Nair, J. The appellant is the writ petitioner. She was an Assistant Librarian in the Kerala Agricultural University. In terms of the U.G.C. Scheme, 1986, she was placed in the Grade of Assistant Librarian (Senior Scale) as per Ext.P2 order dated 4.5.2001 with retrospective effect from 18.10.1992. As per the U.G.C. Scheme introduced in 1996, she was entitled to get further upgradation to the post of Assistant Librarian (Selection Grade) on completion of 8 years service in the post of Assistant Librarian (Senior Scale). That means, she became eligible for upgradation as Assistant Librarian (Selection Grade) in the scale of Rs.12,000-18,300 with effect from 18.10.2000. But, there was considerable delay and laches from the part of the University to implement the second upgradation. Finally, it was done as per Ext.P3 order dated 30.1.2006. Her immediate junior in Ext.P2 order, Smt.K.S.Ambili, was granted upgradation with effect from 16.10.2000. By the time, Ext.P3 order was issued, the W.A.No.2363/2008 2 appellant retired from service on 31.5.2004. Therefore, her claim was not considered under Ext.P3. So, she filed a representation claiming that she may be given upgradation under the Career Advancement Promotion Scheme in terms of the 1996 UGC Scheme. Ext.P4 is the representation filed by her Since no action was taken, the Writ Petition was filed. The learned Standing Counsel for the University filed a statement, in which it is submitted that, by the time the question of upgradation was taken up, the appellant retired from service and therefore, she was not considered. The learned Single Judge, after hearing both sides, held that the Scheme contemplates Career Advancement. Since the petitioner has already retired, she is ineligible for Career Advancement. Based on that finding, the Writ Petition was dismissed. Challenging the said decision, this Writ Appeal is filed. 2. We heard the learned counsel on both sides. When there is no vacancy for cadre promotion, such persons are given grade promotion. In many establishments, of late, such promotions are being called Career Advancement Promotion. Whatever be the nomenclature, it is a promotion granted to W.A.No.2363/2008 3 persons, who do not have normal promotion chances, even after stagnating in the lower post for several years. The claim for promotion of an incumbent has to be considered with reference to the conditions obtained on the date of occurrence of the vacancy. In this case, there is no question of any vacancy arising in the cadre post. The said principle of law can be applied to the facts of this case also. The incumbent's claim has to be considered with reference to the time when he attained the necessary qualification for promotion. If that be so, the appellant's turn arose for promotion in the year 2000. At that time, she was in service. She retired only four years thereafter. We also notice that the Government have approved the 1996 UGC Scheme for implementation in the State as per G.O.(P)No.171/99/H.Edn. dated 21.12.1999. Because of the delay and laches from the part of the University, it was implemented belatedly and for that reason the benefit flowing from the ACP Scheme cannot be denied to the appellant. In the result, the Writ Appeal is allowed and the judgment of the learned Single Judge is reversed. The competent authority of the University is directed to consider the claim of the appellant for promotion with reference to the conditions obtained in the year 2000, when her claim arose on W.A.No.2363/2008 4 completion of 8 years service in the post of Assistant Librarian (Senior Scale). This the competent authority shall do within three months from the date of production of a copy of this judgment. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps