IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WA.No. 1838 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.21655/2004 Dated 07/10/2005 .................... APPELLANT: APPELLANTS/RESPONDENTS --------------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL(A & E), KERALA, TRIVANDRUM. BY GOVERNMENT PLEADER RESPONDENTS: RESPONDENT/PETITIONER ------------------------ JACOB GEORGE, LECTURER, SENIOR SCALE(PHYSICS), GOVERNMENT COLLEGE, KOTTAYAM. BY ADV. SRI.K.K.CHANDRAN PILLAI - R1 SRI.A.S.SAJUSH PAUL - R1 BY GOVERNMENT PLEADER SRI.SANDESH THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.1838 OF 2007 () ----------------------------------- Dated this the 30th day of May, 2008 J U D G M E N T KOSHY,J. Petitioner/Respondent joined the Collegiate Education Service as Junior Lecturer with effect from 29.3.1995. Before his entry in the Government service, he had worked as Lecturer in St.Gregorious College, Kottarakkara in a leave vacancy with effect from 8.8.1988 and after rendering approved service of five years, ten months and eleven days, he got appointment in the Government college and became a Lecturer in the Senior scale. As per the circular dated 14.10.1991, teachers having previous eligible services, either in Government service or private affiliated Colleges, including broken services, the broken period of service can be counted for the purpose of qualifying service. Paragraph 3 of the Circular dated 14.10.1991 reads as follows: WA.1838/2007 2 “In respect of teachers having previous eligible services, either in Government or Private affiliated Colleges, including broken services, will be counted for qualifying services as directed in this Office Circular cited as paper 8.” The petitioner was granted the above benefit. Later it was ordered to be taken away on the basis of the Government order dated 21.12.1999, wherein broken service will not be counted as service. There is a small break in service before the appointment in Government College. But contention of the petitioner was that he was appointed in 1991, and before the Government order, he was recommended for placement in the Senior grade. The alleged break in service is also negligible. In W.P.(C).No.17103/03, this Court granted similar benefits on identical case. The above writ petition was filed by four petitioners and it is submitted that no appeal was filed and it was implemented. It was further stated that similar view was taken in WP(C).Nos.13563/06, 18882/05 and 35597/05. It is also stated that similar view was taken in 16495/05, which was affirmed in W.A.No.197/06 by a Division Bench. In any event, as far as the petitioner is concerned, he WA.1838/2007 3 has got a good case in the sense that his name was recommended for Senior grade before the Government Order, 1999 came into force at a time 1991 was in force. After granting the grade, we see no justification in recovering the amount granted consequently in view of various other judgments relied on in the impugned judgment. We are of the view that no interference is required in the impugned judgment, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008