IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 30223 of 2007(W) -------------------------- PETITIONER(S): ------------------ DR.S.V.SUDHEER, PRINCIPAL(SPECIAL GRADE), S.N.COLLEGE, KOLLAM. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT(S): ------------------- 1. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY ITS SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.T.T.MOHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30223/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE COMMUNICATION SEND BY THE PETITIONER TO THE 1ST RESPONDENT DATED 7.2.2007. EXT.P2: TRUE COPY OF THE ORDER NO.F1/1380/2007 DT 5.3.2007 ISSUED BY THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF THE JUDGMENT IN WA NO.1044/2005 DT 31.7.2006 OF THE DIVISION BENCH OF THIS HON'BLE COURT. EXT.P4: TRUE COPY OF THE GO(MS) NO.148/2006/H.EDN DT 13.11.2006. EXTS.OF R1 EXT.R1(a): COPY OF GO(P) NO.44/01/H.EDN. DT 29.3.2001. EXT.R1(b): COPY OF G.O(MS) 148/06/H.EDN DT 13.11.2006. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 30223 OF 2007 (W) ==================== Dated this the 21st day of October, 2008 J U D G M E N T Petitioner is the Principal of S.N.College, Kollam. The claim of the petitioner is for the benefit of Exts. P3 and P4 w..e.f.1/1/99. The respondents have extended the benefit of Exts. P2 and P3 w.e.f. 27/7/98, the correctness of which falls for determination in this case. 2. While working as Selection Grade Lecturer, petitioner acquired Ph.D prior to 1/1/96 and in Ext.P3 judgment, a Division Bench of this Court clarified the position that all those who acquired Ph.D during their service period, including Readers, Professors and Principals, will be entitled to two advance increments in terms of Clause 6.18 of the UGC scheme, which will be applicable from 27/7/98. Ext.P3 judgment has been implemented by the Government of Kerala by Ext.P4 order. It is on that basis that the respondents have extended the benefit of two advance increments w.ef.. 27/7/98 by Ext.P2 order. 3. After having gone through Ext.P3 judgment of this Court and Ext.P4 Government order, I see absolutely no justification for the claim of the petitioner for the benefit of advance increment w.e.f. 1/1/99, which may be more beneficial to him. Having regard to the terms of the WPC 30223/07 :2 : judgment and Ext.P4, this claim of the petitioner has no basis. 4. Counsel for the petitioner submits that he has not got any monetary benefit consequent to the advance increments that were given. However, it is seen from Ext.P2 that, extending the benefit of advance increments following Exts. P3 and P4, his pay has been fixed at Rs.14,100 in the scale of Rs.12,000-18300 w.e.f. 27/7/98. Needless to say that consequent to Ext.P2 fixation, petitioner will also get all further benefits. If refixation and consequential benefits have not been given, it will be done, as expeditiously as possible. Clarifying the position as above, writ petition is disposed of. ANTONY DOMINIC, JUDGE Rp