IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 32600 of 2005(E) -------------------------- PETITIONER(S): --------------- DR. T.K. BHAGYALATHA, SELECTION GRADE LECTURER, ZAMORA'S GURUVAYOORAPPAN COLLEGE, POKKUNNU, CALICUT 14, RESIDING AT "BHAGYASREE", 39/2353, PUTHIYANGADI, KOZHIKODE-673021. BY ADV. SRI.M.C.RATNAKARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO THE GOVT., HIGHER EDUCATION DEPT., GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, TRIVANDRUM-33. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. 4. THE PRINCIPAL, ZOMORINS GURUVAYOORAPPAN COLLEGE, POKKUNNU, KOZHIKODE-14. GOVERNMENT PLEADER SRI. DILIP MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 32600/2005 ------------------------------------------------------------------- EXT.P1 TRUE COPY OF JUDGMENT IN W.P.C.NO. 20093/2004. EXT.P2 REPLY DT. 13-4-2005. EXT.P3 RELEVANT PAGE OF APPENDIX TO GOVT. ORDER DT. 21-12-1999. EXT.P4 AFFIDAVIT FILED BY R1. EXT.P5 JUDGMENT IN CONTEMPT CASE NO. 759/2005. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 32600 of 2005 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 24th day of March, 2010. J U D G M E N T The petitioner is a doctorate degree holder in Sociology and Head of the Department of Sociology in Zamorian's Guruvayurappan College, Calicut. In W.P(C) No. 20093/2004, the petitioner obtained a judgment, directing the respondents to give the petitioner two advance increments. The petitioner's grievance is that the two advance increments have not been given to the petitioner. A contempt petition was filed by the petitioner, which was disposed of by accepting the affidavit filed by the 1st respondent and permitting the petitioner to redress her grievances through appropriate proceedings . It was pursuant to the same that the petitioner has filed this writ petition seeking the following reliefs: “i) Issue a writ of certiorari or other appropriate writ or order quashing Ext. P2; ii) Declare that the action of the 1st and 3rd respondents in denying the petitioner the two advance increments from 11- 12-1999 is illegal and violative of article 14 and 16 of the constitution of India; iii) Declare that the petitioner is entitled to the two advance increments from 11-12-1999 also on account of her acquiring Ph.D qualification; iv) issue a writ of mandamus or other appropriate writ or order commanding respondents 1 to 3 to sanction and pay the advance increments from 11-12-1999 along with 18% interest.” 2. The respondents have filed a statement stating that as per the judgment, the petitioner has been given the two advance increments. The statement is self-explanatory. Paragraphs 2 and 3 of the statement reads thus: W.P.C. No. 32600/05 -: 2 :- “2. The petitioner's allegation is that the court direction has not been completely implemented is not correct. She was granted 2 advance increments with effect from 1.1.1996 on the basis of direction of Honourable High Court in W.P(C) No. 20093 of 2004. Though the petitioner has been granted 2 advance increments with effect from 1.1.96, fixing of a stage as per the provision contained in Appendix in accordance with of G.O(P)No. 171/99/H. Edn., dated 21.12.1999, ie, the pay fixed at Rs. 14,940/- with effect from 11.12.1999 on completion of 5 years in Selection Grade that benefit of advance increments has been merged in the petitioner's pay fixed on 11.12.1999. 3. Since she has enjoyed the benefit of 2 advance increments once, she is not eligible for the same benefit again as per the existing orders. A detailed statement of pay without granting and with granting 2 advance increments are shown below:- --------------------------------------------------------------------------------------------------------- Pay without granting 2 Pay with granting 2 Year Advance increments. Advance increments. (Scale of Pay Rs. 12200-420-18300) --------------------------------------------------------------------------------------------------------- 1.1.1996 12420/- 13260/- 1.12.1996 12840/- 13680/- (Normal date of increment) 1.12.1997 13260/- 14100/- 1.12.1998 13680/- 14520/- 1.12.1999 14100/- 14940/- 11.12.1999 14940/- (On completion of 5 years in Selection Grade Lecturer). --------------------------------------------------------------------------------------------------------- It is submitted that the grounds raised by the petitioner is devoid of any merit. The petitioner is not eligible for grant of 2 advance increments in addition to two advance increments already granted on the basis of direction of Honourable High Court as the benefit of 2 advance increments cannot be granted twice by virtue of provision contained in the Order.” In view of the said statement, I do not think that the petitioner is entitled to the reliefs prayed for in this writ petition. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/