IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 17230 of 2011(C) -------------------------------- PETITIONER: -------------- P.C.KOCHUTHRESIA, ASSOCIATE PROFESSOR, DEPARTMENT OF PHYSICAL EDUCATION, INSTITUTE OF ADVANCED STUDY IN EDUCATION, THRISSUR. BY ADVS. SRI.P.BHASKARAN SRI.V.K.NANDAKUMARAN SRI.P.S.HARIHARAN RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY SPECIAL SECRETARY, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 685 006. 2. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM - 685 006. 3. PRINCIPAL, INSTITUTE OF ADVANCED STUDY IN EDUCATION, THRISSUR- 680 001. BY SRI. V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.17230/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : SERVICE CARD OF PETITIONER DTD. 23.12.10 ISSUED BY ACCOUNTANT GENERAL, KERALA. EXT. P2 : COPY OF RELEVANT PAGES OF SCHEME OF REVISION OF PAY 31.12.08 ISSUED BY MINISTRY OF HUMAN RESOURCES DEPT., NEW DELHI. EXT. P3 : COPY OF G.O.(P) No.58/10/H.EDN. DTD. 27.3.10 ISSUED BY GOVT. OF KERALA. EXT. P4 : COPY OF RELEVANT PAGES OF M.PHIL DEGREE CERTIFICATE DTD. 18.3.97 OF PETITIONER. EXT. P5 : COPY OF REPRESENTATION DTD. 23.10.09 TO R2. EXT. P6 : COPY OF COVERING LETTER DTD. 26.10.09 ISSUED BY R3. EXT. P7 : COPY OF REPRESENTATION DTD. 6.6.11 SUBMITTED BY PETITIONER TO R2. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17230 OF 2011 --------------------------------------- Dated this the 27th day of June, 2011. J U D G M E N T The petitioner is working as Associate Professor in the Department of Physical Education, Institute of Advanced Study in Education in Thrissur District which is said to be functioning under the respondents 1 and 2. 2. The grievance raised in this writ petition is regarding the non grant of benefit namely, advance increment to the petitioner which was due under the relevant Government Orders. Ext.P2 is the Scheme which the petitioner is relying upon. Clause 7(viii) of the scheme is relied upon by the petitioner to show that she is entitled for one advance increment. 3. It is averred that the Government by G.O.(P) No.58/2010/H.Edn. dated 27.03.2010 has adopted and implemented the 6th UGC Scheme including the revision of pay W.P.(C) No.17230/2011 2 scales to College/University teachers, Physical Education teachers etc. and Ext.P3 is the copy of the said order. 4. According to the petitioner, she has passed the M.Phil in Physical Education in the year 1996 and Ext.P4 is the true copy of the certificate showing the same. Accordingly, she put forward a claim for grant of advance increment as evident from Ext.P5 representation. The same was forwarded by the Principal to the 2nd respondent as per Ext.P6 communication dated 26.10.2009. Even though the petitioner has also filed a representation as per Ext.P7, so far no orders have been issued sanctioning the same, which is the grievance raised in the writ petition. It is upto the 2nd respondent to take a decision on the merits of the claim. Therefore, there will be a direction to the 2nd respondent to consider the representation of the petitioner, Ext.P5, which has been forwarded by the 3rd respondent as early as on 26.10.2009 as evident from Ext.P6 along with Ext.P7 representation filed by the petitioner. The same shall be done within a period of three months from the date of receipt of a copy of this judgment, after W.P.(C) No.17230/2011 3 hearing the petitioner also. The petitioner will forward a copy of the judgment along with a copy of the writ petition before the 2nd respondent for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp