IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 32550 of 2006(Y) -------------------------- PETITIONER(S): ------------------ DR.ELZEBETH.T.MANGATT, W/O.MATHEW C.JOHN, AGED 43 YEARS, LECTURER IN BOTANY, MAR THOMA COLLEGE, THIRUVALLA. BY ADV. SRI.K.A.MANZOOR ALI RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 4. THE MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM. GOVERNMENT PLEADER SMT.T.B.REMANI FOR R2 SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32550/06 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE JUDGMENT IN OP NO.8975/2001. EXT.P2: TRUE COPY OF THE ORDER 19/11/2001 PASSED BY THE 4TH RESPONDENT. EXT.P3: TRUE COPY OF THE ORDER 30/7/2005 PASSED BY THE 4TH RESPODNENT. EXT.P4: TRUE COPY OF THE LETTER 8/11/2005 ISSUED BY THE 3RD RESPODNENT. EXT.P5: TRUE COPY OF THE REPRESENTATION DT 29/6/06. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 32550 OF 2006 (Y) ==================== Dated this the 21th day of November, 2008 J U D G M E N T Petitioner, a Lecturer in Marthoma College, Thiruvalla, in this writ petition is praying to declare that the petitioner is entitled to get revised UGC salary arrears in the promoted post of Lecturer Senior Scale. It is stated that the petitioner had rendered broken service from 7/6/93 to 14/12/93, 1/9/95 to 31/3/96 and from 3/2/97 to 15/7/97 in the Marthoma College, Thiruvalla, which were not approved. Subsequently, w.e.f. 1/6/99, petitioner was appointed on a regular basis. 2. By Ext.P3, senior scale was granted to the petitioner on a provisional basis we.f. 23/11/2002. Thereupon the Deputy Director issued Ext.P4 to the Registrar of the University, pointing out that senior scale has been granted reckoning the provisional service of the petitioner for the period 7/6/93 to 14/12/93, which according to him was inadmissible and has to be reviewed. It is stated that there has not been any progress in the matter of implementation of Ext.P3 and thereupon the petitioner filed Ext.P5 before the 1st respondent also. 3. From the statement filed by the University, it would appear that the proposal for approval of the broken period of service rendered by WPC 32550/06 :2 : the petitioner from 1/9/95 to 31/3/96 and from 3/2/97 to 15/9/97, is under the consideration of the University. It is also stated that the University has sought for clarification from the Deputy Director, Collegiate Education, Kottayam for taking a final decision in this matter. 4. On the other hand, the learned Government Pleader submits that clarification sought by the Deputy Director in Ext.P4 is still awaited from the University. 5. Therefore, at this stage, the first issue that is to be settled is regarding the approval of the broken period of service rendered by the petitioner and unless that is done, it will be premature to direct the Deputy Director to grant benefits following Ext.P3. Therefore, the Deputy Director, Collegiate Education, from whom clarification has been sought by the University, shall furnish the clarification sought for, as expeditiously as possible. Thereafter, the University will consider approving the broken period of service rendered by the petitioner and once a decision is taken thereon, necessarily, clarification in response to Ext.P4 shall be given to the 3rd respondent, who on receipt thereof shall take a final decision in the matter. 6. Petitioner may produce a copy of this judgment before WPC 32550/06 :3 : respondents 3 and 4. The 3rd respondent shall furnish the clarification sought for by the University, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment and thereupon the University shall take a decision and communicate the same to the 3rd respondent in this matter within 6 weeks thereafter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp