IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 27651 of 2007(P) ---------------------------------------- PETITIONER(S): ------------------------ V.G.RAJALAKSHMI, LECTURER, DEPARTMENT OF MATHEMATICS, S.D.COLLEGE, ALAPPUZHA. BY ADV. SRI.P.C.SASIDHARAN SRI.E.S.ASHRAF RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY BUILDINGS THIRUVANANTHAPURAM. 4. THE MANAGER, SANATANA DHARMA COLLEGE, ALAPPUZHA. R1 & R2 BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH R3 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. R4 BY ADV. SRI.K.ANAND SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.27651/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PROCEEDINGS ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM DATED 13/03/98. P2 COPY OF THE ORDER G.O.(P)NO.171/99/H.EDN DATED 21/12/99. P3 COPY OF THE APPOINTMENT ORDER DATED 18/01/2003. P4 COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT DATED 13/07/2005. P5 COPY OF THE REPRESENTATION DATED 07/07/2006. P6 COPY OF THE JUDGMENT IN WP(C)NO.3370/07 DATED 31/01/2007. P7 COPY OF THE ORDER ISSUED BY THE GOVERNMENT G.O.(RT) NO.1013/07/H.EDN.23/05/07. RESPONDENT'S EXHIBITS: R2(A) COPY OF THE GOVT.ORDER DATED 23/3/90. R2(B) COPY OF THE GOVT.ORDER NO.30/96/H.EDN. DATED 12/2/1996. R4(A) COPY OF THE NOTIFICATION DATED 12/6/1996. R4(B) COPY OF THE APPOINTMENT ORDER DATED 25/11/1996. R4(C) COPY OF THE PROCEEDINGS OF THE DY.DIRECTOR OF COLLEGIATE EDUCATION DATED 13/3/98. R4(D) COPY OF THE UNDERTAKING GIVEN BY THE PETITIONER. R4(E) COPY OF THE ORDER DATED 30/7/2003 ISSUED BY THE UNIVERSITY OF KERALA /TRUE COPY/ P.S.TO.JUDGE sts S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 27651 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 13th day of July, 2011. J U D G M E N T The petitioner is presently working as a Lecturer in an aided college, namely, Sanatana Dharma College, Alappuzha, of which the 4th respondent is the manager. The petitioner's claim in this writ petition is for directing the respondents to give the petitioner placement as Senior Lecturer taking into account the service put in by the petitioner as Junior Lecturer in the same college. The petitioner was appointed as Junior Lecturer in the same college on 25.11.1996 in the scale of pay of Rs.2060-3200 by Ext. P1 order. Subsequently, by Ext. P3 order dated 18.1.2003, the petitioner was appointed as Lecturer in the scale of pay of Rs. 8000-13500. She continued as such ever since. The petitioner's claim is based on paragraphs 7.1 to 7.6 of Ext. P2, which read as follows: “7.1 COUNTING OF PAST SERVICE. Previous service, without any break as a Lecturer or equivalent, in a University, college, national laboratory, or other scientific organization, e.g. CSIR, ICAR, DRDO, UGC, ICSSR, ICHR and as a UGC Research Scientist/Selection Grade provided that: 7.2 The post was in an equivalent grade/scale of Pay as the post of Lecturer; 7.3 The qualifications for the post were not lower than the qualifications prescribed by the UGC for the post of Lecturer; 7.4 The candidates who apply for direct recruitment should apply through proper channel; W.P(C) No. 27651 of 2007 -: 2 :- 7.5 The concerned Lecturers possessed the minimum qualifications prescribed by the UGC for appointment as Lecturers; 7.6 The post was filled in accordance with the prescribed selection procedure as laid down by the University/State Government/Central Government/ Institution's regulations.” According to the petitioner, the nomenclature of junior Lecturer was given only to distinguish between graduate teachers and under-graduate teachers and there was no essential difference between junior Lecturer and Lecturer insofar as the qualifications and method of appointment were the same. However, the petitioner's claim for placement taking into account the service as junior Lecturer was rejected by Exts. P4 and P7 orders. The petitioner is challenging the same. 2. I have considered the rival contentions in detail. 3. As is evident from paragraphs 7.1 to 7.6, in order to become eligible for counting of past service for placement, the petitioner has to prove that the petitioner's past service satisfies the conditions mentioned therein. The first of the condition itself is that the post was in equivalent grade/scale of pay as the post of Lecturer. Admittedly, the petitioner was appointed as a junior Lecturer in the same college. At that time, there was a post of Lecturer also in the college. That itself shows that they were in two different grades. Apart from that, the post of junior Lecturer was in the scale of pay of Rs. 2060-3200, whereas the post of Lecturer was having a scale of pay of Rs. 8000- W.P(C) No. 27651 of 2007 -: 3 :- 13500. In the above circumstances, the first condition itself is not satisfied. As such the petitioner is not entitled to counting of past service as a junior Lecturer for the purpose of placement in the senior scale. Therefore, there is no merit in this writ petition and accordingly, the same is dismissed. Sd/- S. Siri Jagan, Judge. Tds/