IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 34891 of 2010(J) -------------------------- PETITIONER(S): --------------------- DR. SAMUEL MATHEW, READER, DEPARTMENT OF PHYSICS, MAR THOMA COLLEGE, THIRUVALLA. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT(S): --------------- 1. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 686001. 2. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM.695 001. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 695001. BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34891 of 2010(J) ------------------------------------ APPENDIX ------------------ PETITIONER'S EXHIBITS -------------------------------------- EXT.P1. COPY OF THE UO NO.AC BVI-341-2001 DT. 27.12.2001 ISSUED BY THE M.G.UNIVERSITY EXT.P2. COPY OF THE EXTRACT OF AC BV/1/844/2005 DT. 26.11.2005 ISSUED BY THE MG UNIVERSITY. EXT.P3. COPY OF THE NO.3956/CBV/1/2009/ACAD DT. 7.9.2009 ISSUED BY THE MG UNIVERSITY. EXT.P4. COPY OF THE EXTRACT OF GO (P) NO.171/99/H.EDN. DATED 21.12.1999. EXT.P5. COPY OF THE LETTER NO.F4 825/07 DT.22.5.2008 ISSUED BY THE 1ST RESPONDENT. EXT.P6. COPY OF THE GO(P) NO.44/2001/H.EDN ISSUED BY THE 3RD RESPONDENT DT. 29.03.2001. ET.P7. COPY OF THE GO (P) NO.86/2007/H.EDN. DT. 19.6.07 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS : NIL ----------------------------------- / TRUE COPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.34891/2010-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of August, 2011 J U D G M E N T The petitioner, who is working as a Lecturer in Physics in Mar Thoma College, Thiruvalla has approached this Court with the following prayers:- “a. Issue a writ of mandamus or any other appropriate writ order or direction declaring that the petitioner is eligible to get four advance increments as per clause 6.16 of G.O. (P).No.179/99/H.Edn., dated 21/12/1999 and to direct the first respondent to counter sign the bill submitted by the Principal claiming four advance increments and sanction and disburse the monetary benefits without further delay; b. Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to sanction and disburse two advance increments as per clause 6.18 of G.O. (P).No.179/99/H.Edn., dated 21/12/1999 to the W.P.(C). No.34891/2010 -:2:- petitioner on the basis of Ext.P2 and P3 placement orders and direct the first respondent to counter sign the bill submitted by the Principal without further delay.” 2. In paragraph (2) of the statement filed by the second respondent it is stated as follows:- “It is submitted that the petitioner is a Lecturer who entered service with a Ph.D but without NET. The earlier stand of the Government was that such Lecturers are not eligible for advance increments. Recently, the Government after consultation with the U.G.C., changed the above stand and clarified that those who entered with a Ph.D by providing relaxation from NET are also eligible for advance increment. G.O.(MS). No.04/11/H.Edn., dated 24/01/2011 was issued for the above purpose.” 3. It is submitted by the learned counsel for the petitioner that therefore, the writ petition can be W.P.(C). No.34891/2010 -:3:- disposed of with a direction to the respondents to disburse the said benefits to the petitioner. 4. Therefore, prayer (a) now sought for by the petitioner is satisfied. With regard to any other grievances, the petitioner can approach the Government in the matter. There will be a direction to the respondents to take an action in the light of the statement made by the second respondent, especially, in paragraph (2) as quoted above and the benefits will be disbursed to the petitioner accordingly. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms