Kerala High Court
K.G.Padmakumar vs State Of Kerala on 2 August, 2021
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
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
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
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
(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
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
