IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
ND
MONDAY, THE 2 DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 10629 OF 2014
PETITIONER/S:
K.G.PADMAKUMAR
AGED 61 YEARS
S/O.LATE G.GOPALAPILLAI, PROFESSOR AND ASSOCIATE
DIRECTOR (RETIRED) REGIONAL AGRICULTURAL RESEARCH
STATION, KUMARAKOM, KOTTAYAM, RESIDING AT GANGOTHRI,
NEERKUNNAM, T.D.MEDICAL COLLEGE PO, ALAPUZHA 688 005
BY ADVS.
SRI.SHAJI P.CHALY
SRI.R.SANJITH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, AGRICULTURAL DEPARTMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 KERALA AGRICULTURAL UNIVERSITY
REPRESENTED BY ITS REGISTRAR, VELLANIKKARA, THRISSUR
680 656
3 THE COMPTROLLER
KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR
680 656
BY ADV SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL
UNIVERSITY
OTHER PRESENT:
GP JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10629 OF 2014
2
JUDGMENT
The petitioner has sought indulgence of this Court for implementation of order Ext.P1 dated 7.10.1999 whereby the previous service without break as lecturer or equivalent post in a University, college, national laboratory or Scientific organizations to be counted for career advancement, promotion on senior scale or selection grade.
2. The contention of the petitioner in the instant case is that, on 12.3.2013, had retired as Professor and Associate Director from Regional Agricultural Research Station, Kumarakom, Kottayam. Petitioner was arbitrarily and illegally denied the benefit of Ext.P1 without any rhyme and reason. Even before passing Ext.P1 order, University vide circular dated 8.3.1994 recognized the guidelines issued by the University Grants Commission for counting previous service for the purpose of placing teachers in senior scale/selection grade as evident from Ext.P2. Petitioner preferred a representation dated 28.5.1994 through the Associate Director Regional Agricultural, Ext.P3 to WP(C) NO. 10629 OF 2014 3 the 2nd respondent. The 2nd respondent sought the details of service rendered by the petitioner vide communication dated 25.10.1994, Ext.P4. But no action was taken despite perpetual representations. Vide communication dated 11.8.2011, the request of the petitioner was rejected without assigning any reasons, which is not sustainable in the eyes of law. The 2 nd respondent did not reckon the past service for placement as Assistant Professor (Selection Grade) and granted such benefit of Ext.P1 and P2 circular to one Mr.Ajithkumar as per order dated 18.9.2006, Ext.P9. It is in that background, the petitioner has filed the present writ petition.
3. Respondent opposed the aforementioned contentions and submitted that Ext.P9 order was passed in favour of Dr.Ajith Kumar would not be applicable to the petitioner as the aforementioned order Ext.P9 was in accordance with the University Order dated 15.10.2005 and the service rendered by Dr.Ajith Kumar in a similar post from 22.7.1991 to 15.3.1996 in the University of Tamilnadu Veterinary and Animal Sciences University, Madras rendered by him have been reckoned for the WP(C) NO. 10629 OF 2014 4 purpose of career advancement promotion. The petitioner could not establish that while issuing Ext.P8 order, the University bypassed the directions issued by the Government in Ext.P1 order. Petitioner joined in the service on 27.11.1980 and it was after 19 years that the Government issued Ext.P1 order which has only prospective operation, for granting higher grade to Lecturers.
4. I have heard the learned counsel for the parties and appraised the paper book. Concededly, the petitioner had joined on 27.11.1980. The Government decided to give the effect of previous service for the purpose of notional fixation vide Ext.P1 of 1999. On perusal of the same, it has no retroactive applicability. The operative part of Ext.P1 dated 7.10.1999 reads as under:
GOVERNMENT OF KERALA Abstract Higher Education Department - Higher Grade to Lecturers in Colleges/Universities - Reckoning of previous Service - Guidelines of the U.G.C. approved - Orders issued.
HIGHER EDUCATION (C) DEPARTMENT G.O (MS)No.125/99/H.Edn. Dated, Thiruvananthapuram, 7-10- 1999.
Read: 1. D.O.No.F.1-6/90/PS-Cell dated 29-1-90 from Shri. S.K. Khanna Secretary, University Grants Commission.
WP(C) NO. 10629 OF 2014 5
2. D.O.No (PS Cell) dated 27-11-90 from Shri. P.L. Malik, Deputy Secretary, University Grants Commission ORDER In the D.O. letter read as first paper the Secretary, University Grants Commission had conveyed the decision of the Commission regarding counting of the experience of a person, before appointment as Lecturer in the University/college, rendered in equivalent grade in other Universities/Colleges and other National Laboratories or R & D Organisation (CSIR/ICAR, DRDO, UGC, etc.) as qualifying service for placement in the senior scale/selection grade.
2. The Commission in consultation with the Ministry of human Resources Development (Department of Education) reconsidered the Patters and resolved revised guidelines as follows for counting of the previous service for purposes of senior scale/selection grade under the career advancement scheme for Lecturers and requested to wring the above decision to the notice of the Colleges and the jurisdiction of the State. (1) Previous service without any break as Lecturer or equivalent in a University, college, National Laboratory or other scientific organisations (CSIR, ICAR. DRDO, UGC etc.) and as a University Grants Commission Research Scientist should be counted for placement of Lecturers in senior scale/Selection Grade provided that:
a) the post was in an equivalent grade/scale of pay as the post of a lecturer;
b) the qualifications for the post were not lower than the qualifications prescribed by University Grants Commission for the post of Lecturer:
c) the Lecturers concerned possessed the minimum qualification prescribed by University Grants Commission for appointment as Lecturers;
a) the post was filled in accordance with the prescribed selection procedure as laid down by the University/ State Govt.; the appointment was not adhoc or in a leave vacancy of less than one year duration.
WP(C) NO. 10629 OF 2014 6 (2) No distinction should be made with reference to the nature of management of the institution where previous service was rendered (Private/local body/Govt.) if the above criteria are satisfied.
3. The Govt. have considered the above decision of the - University Grants Commission and are pleased to approve the University Grants Commission guidelines for counting of previous service for the purpose of senior scale/selection grade to the teachers in Colleges/Universities in the State with the condition that the service outside the State, would count only for notional fixation benefits and the teachers would not eligible for any arrears."
It is settled law that in the absence of any retroactive applicability, the petitioner cannot claim the benefit of the order passed subsequently. Writ petition sans merit. No ground for interference is made out and accordingly, dismissed.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 10629 OF 2014
7
APPENDIX OF WP(C) 10629/2014
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE GOVERNMENT ORDER
BEARING NO.GO(MS) NO.125/99/H.EDN DATED 7/10/1999 EXHIBIT P2 COPY OF THE CIRCULAR DATED 8/3/1994 EXHIBIT P3 COPY OF THE COVERING LETER ISSUED BY THE ASSOCIATE DIRECTOR DATED 28/5/1994 EXHIBIT P4 COPOY OF THE LETTER DATED 25/10/1994 ISSUED BY THE REGISTRAR OF 2ND RESPONDENT TO THE PRINCIPAL K.J.SOMAIYA COLLEGE OF SCIENCE, BOMBAY EXHIBIT P5 COPY OFR THE REPLY DATED 14/11/1994 ISSUED BY THE K.J.SOMAIYA COLLEGE OF SCIENCE,BOMBAY EXHIBIT P6COPY OF THE PROCEEDINGS DATED 25/8/2007 ISSUED BY THE 2ND RESPONDENT EXHIBIT P7 COPY OF THE LETTER DATED 7/9/2014 EXHIBIT P8 COPY OF THE REPLY DATED 11/8/11 BEARING NO.GA/C2/28433/2010 EXHIBIT P9 COPY OF THE ORDER DATED 18/9/2006 EXHIBIT P10 COPY OF THE REPRESENTATION DATED 20/11/2013