IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 6226 of 2011(C) ------------------------------------- PETITIONER: ------------------- DR.M.T.MURALEEDHARAN,AGED 55 YEARS, S/O.S.P.PARAMESWARAN NAIR,ASSOCIATE PROFESSOR IN SANSKRIT SAHITYA,SREE NEELAKANDA GOVERNMENT SANSKRIT COLLEGE,PATTAMBI,RESIDING AT 'SREEPADAM', PERINGANNUR.P.O,PALAKKAD DISTRICT.PIN:679 535. BY ADVS. SRI.P.T.DINESH, SRI.C.N.SAMEER. RESPONDENTS: ------------------------ 1. STATE OF KERALA,REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,HIGHER EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. UNIVERSITY GRANTS COMMISSION,REPRESENTED BY SECRETARY,UNIVERSITY GRANTS COMMISSION, BAHADURSHAH ZAFARMARG,NEW DELHI-110 002. 3. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT(DEPARTMENT OF EDUCATION),81 LODHI ESTATE,NEW DELHI-3. 4. THE ACCOUNTANT GENERAL(A&E), THIRUVANANTHAPURAM-695 001. 5. THE DIRECTOR OF COLLEGIATE EDUCTION, VIKAS BHAVAN,THIRUVANANTHAPURAM-695 001. R1, R4 & R5 BY GOVT. PLEADER SMT. NISHA BOSE, R2 BY SRI. S. KRISHNAMOORTHY, C.G.C, R3 BY SRI.P.PARAMESWARAN NAIR,ASST.S.G. OF INDIA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 6226 of 2011-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March, 2011. JUDGMENT The petitioner is working as Associate Professor in Sanskrit Sahitya at Sree Neelakanda Government Sanskrit College, Pattambi. He is having M.Phil. Degree and Ph.D. Degree in Sanskrit. The grievance raised in the writ petition is regarding the delay on the part of the respondents in sanctioning two advance increments to him for the acquisition of M.Phil. Degree further to the implementation of the revised UGC Scheme, 1998 with effect from 1.1.1996. The petitioner accordingly seeks for the issuance of a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to pay to the petitioner two advance increments for the acquisition of M.Phil degree before joining the service, with all consequential benefits from 27.7.1998 onwards with arrears and direct to revise his pensionary benefits accordingly after 31.3.2011, the date of retirement of the petitioner. 2. Learned counsel for the petitioner submitted that in the light of a recent Govt. Order, viz. G.O.(MS) No.4/2011/H.Edn. dated 24.1.2011, the petitioner is entitled for the benefits. Therein, the Government after getting wpc 6226/2011 2 some clarification from the U.G.C., has ordered as follows: “In the circumstances Government hereby order that advance increments as provided in Paragraph 16 of the G.O. read as first above shall be admissible to all teachers who were recruited as Lecturers after availing exemption from NET. Government letter read as third above is accordingly withdrawn.” 3. This Court, in the judgment in W.P.(C) No.24822/2009 in a similar case, has also directed the Government to pass orders granting the benefit in respect of the petitioner therein. 4. In the light of the above, there will be a direction to the Government to pass appropriate orders with regard to the sanction of advance increments to the petitioner in the light of the Govt. Order dated 24.1.2011, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment and the monetary benefits will also be disbursed to the petitioner accordingly. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of this judgment along with a copy of the writ petition for compliance. (T.R. Ramachandran Nair, Judge.) kav/