IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 OP.No. 19678 of 2002(P) ----------------------------- PETITIONER(S): ------------------ S.SHIBU, S/O. G.K. SUKUMARAN, "ASWATHI", T.C.NO.16/1476, THYCAUD, THIRUVANANTHAPURAM. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE RESPONDENT(S): -------------------- 1. THE REGISTRAR, KERALA UNIVERSITY THIRUVANANTHAPURAM. 2. THE DIRECTOR, COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. ACCOUNTANT GENERAL, KERALA THIRUVANANTHAPURAM. R1 BY ADVS. SRI.M.K.CHANDRAMOHAN DAS,SC,KERALA UTY. SRI.S.GOPAKUMARAN NAIR, SC KERALA UTY. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs OP.No. 19678/2002(P) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.AC.F.III.1.4704/95 DATED 10/01/1997. P2: COPY OF THE GOVERNMENT ORDER NO.G.O.(MS)NO.125/99/H.EDN. DATED 07/10/1999. P3: COPY OF THE REPRESENTATION DATED 24/01/2000 FROM THE PETITIONER TO THE MANAGER, SREE NARAYANA TRUST, KOLLAM. P4: COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT 06/10/2010 P5: COPY OF THE REPRESENTATION FROM THE PETITIONER TO THE FIRST RESPONDENT DATED 26/07/2001. P6: COPY OF THE LETTER BY THE FIRST RESPONDENT TO THE PRINCIPAL, SN COLLEGE, VARKALA DATED 13/03/2002. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs ANTONY DOMINIC, J. =============== O.P NO. 19678 OF 2002 ================= Dated this the 7th day of March, 2007 J U D G M E N T The petitioner was appointed as a Technical Assistant in the University Observatory of the Kerala University from 31/12/88 to 15/12/1995. Thereafter, he got appointed as Lecturer in Physics under the S.N.Trust Colleges, which was also approved by the University by Ext.P1. Eventually, the petitioner claimed that he is entitled to have his previous service as Technical Assistant also reckoned for the purpose of his up-gradation to the post of Senior Grade Lecturer w.e.f. 31/12/95. His claim was considered by the first respondent and was turned down by Ext.P6 on the ground that his past service as Technical Assistant cannot be reckoned as qualifying service for placement as Senior grade Lecturer. It is in that context, seeking to quash Ext.P6 order and for directing the respondents to grant the benefit of placement as Senior Grade Lecturer counting the previous service rendered by the petitioner as Technical Assistant, this original petition has been filed. 2. The counting of previous service is provided as per the terms of Ext.P2 order of the Government of Kerala. Ext.P2 makes OP 19678/02 : 2 : reference to the letter received from the University Grants Commission conveying their decision regarding the counting of previous service of a person for placement of Lecturers in senior scales/selection grade subject to the conditions mentioned therein. Among others, one of the condition imposed in Ext.P2 is that the qualifications for the previous post held by the person concerned, should not be lower than the qualifications prescribed by the University Grants Commission for the post of Lecturer. 3. Counsel for the University points out that in terms of the qualifications as laid down by the first respondent University in the Kerala University First Ordinances, 1978, the qualification prescribed for the post of Technical Assistant is “a pass in S.S.L.C. Examination”. Thus it is evident that the qualification prescribed for the post of Technical Assistant is lower than the qualification prescribed for the University Grants Commission for the post of Lecturer. 4. Such being the case, the petitioner cannot claim that the service rendered by him in the post of Technical Assistant in the University Observatory should be counted for placement in the Senior grade as he does not satisfy the conditions prescribed OP 19678/02 : 3 : in Ext.P2. If that be so, the rejection of the petitioner's claim as per Ext.P6 can only be upheld. Resultantly, the original petition will stand dismissed, without any order as to costs. ANTONY DOMINIC, JUDGE. Rp