Dr. Lizzy E.A vs State Of Kerala
2021 Latest Caselaw 3864 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                      WP(C).No.18904 OF 2017(K)


PETITIONER:

               DR. LIZZY E.A.,
               [RETIRED ASSOCIATE PROFESSOR OF COMMERCE,
               VIMALA COLLEGE, THRISSUR], PALATY HOUSE,
               ENGINEERING COLLEGE P.O., THRISSUR, 680 009.

               BY ADVS.
               SRI.S.P.ARAVINDAKSHAN PILLAY
               SRI.S.A.ANAND
               SMT.L.ANNAPOORNA
               SRI.K.A.BALAN
               SRI.PETER JOSE CHRISTO
               SMT.N.SANTHA
               SRI.V.VARGHESE

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
               DEPARTMENT OF HIGHER EDUCATION, VIKAS BHAVAN,
               THIRUVANANTHAPURAM, PIN-695 001.

      2        THE DIRECTOR OF COLLEGIATE EDUCATION,
               DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN,
               THIRUVANANTHAPURAM, PIN-695 033.

      3        THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
               THRISSUR, PIN-680 020.

      4        THE PRINCIPAL,
               VIMALA COLLEGE, THRISSUR, PIN-680 009.

               R1-R3 BY SRI B HARISH KUMAR, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.18904 OF 2017             -2-




                                JUDGMENT

Dated this the 3rd day of February 2021

In the instant writ petition, petitioner has sought the

intervention of this Court by laying challenge to Ext.P8, an

order rejecting representation for grant of two advance

increments in accordance with Clause 6.18 of Government

order dated 21.12.1999, whereby revised scale of pay was

made effective from 01.01.1996.

2. The facts as noticed from pleadings are as

follows: On 14.10.1980 petitioner joined as Junior Lecturer

in Commerce with the College of 4th respondent. On

14.10.1988, as per the UGC recommendation, was granted

senior scale. During the period of service improved her

educational qualification and acquired degree of Doctorate

on 28.09.1996.

3. Mr.S.P.Aravindakshan Pillai, learned counsel

appearing on behalf of the petitioner submitted that

petitioner was placed in the Selection Grade of 12,000-

18,200 with effect from 14.10.1996. Since the acquisition

of Doctorate Degree was prior to the Selection Grade the

advance increments should have been from 14.10.1996

and not as per Clause 6.19 as pleaded by respondents in

the counter affidavit. The fixation of pay at Rs.14,940/- as

on 14.10.2001 on completion of five years in selection

grade has also not been accorded. Even the Juniors have

been granted higher pay scale than the petitioner as in the

year 1980, was, placed in Rank No.1.

4. On the contrary, Mr.B.Harish Kumar, learned

Government Pleader submitted that petitioner has no

cause of action to lay challenge to Ext.P8 as per the

averments in paragraph No.3 of the counter affidavit in as

much as petitioner was granted two advance increments

(325+325) from the date she acquired Ph.D as per Clause

6.19. Petitioner superannuated as Associate Professor on

31.03.2014. The contention of grant of two advance

increments to the junior is totally incorrect and

Government allowed pay at the rate of Rs.14,940/- on

completion of five years in Selection Grade to

Dr.Krishnamayi, is also not correct as the benefit was

restricted to those who were in position of Selection

Grade/Reader as on 01.01.1996. The date of placement of

the petitioner in the Selection Grade is 14.10.1996, much

later.

5. I have heard counsel for the parties and apprised

the paper books.

6. Order dated 21.12.1999 Ext.P1 granting revised

scales with effect from 01.01.1996 is not in dispute.

Clause 6.18 & 6.19, are relevant for adjudication. The

same reads as under:

"6.18 A Lecturer with Ph.D will be eligible for two advance increments when she/he moves into Selection Grade/Reader.

6.19 A teacher will be eligible for two advance increments as and when she/he acquires a Ph.D Degree in her/his service career."

7. The reply of the Government reveals that the

petitioner had been granted advance increments as per

Clause 6.19, from the date she acquired the Doctorate.

Whereas, Clause 6.18 provides for entitlement of two

advance increments as and when a Lecturer moves into

Selection Grade/Reader. There is a distinction between

two clauses as 6.18 deals with Lecturer whereas 6.19, with

Teacher. In my view, awarding of advance increments as

per clause 6.19 is not the correct view taken by the

Government, it should have been under 6.18 that is the

date when the petitioner acquired Ph.D. with effect from

28.09.1996 as she was placed in the Selection Grade only

on 14.10.1996. Even the contents of the impugned order

declining the representation of the petitioner reveals that

the Government had been on a stand that teachers who

acquired Ph.D subsequently will be eligible for two

advance increments in the lower scale. However, in the

instant case acquisition of the Ph.D is prior to placement in

Selection Grade. Impugned order is not sustainable and

hereby set aside. Writ petition is allowed. Respondents

are directed to grant advance increments with effect from

14.10.1996 when she was placed in Selection Grade. As

regards the benefit of minimum pay of 14,940/- on

completion of five years, the petitioner is at liberty to

approach the Government claiming that amount. Let this

exercise be undertaken within a period of one month from

the date of receipt of a certified copy of the judgment.

Sd/-

AMIT RAWAL JUDGE

vv

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1. COPY OF THE G.O[P]NO.171/99/H.EDN DATED 21.12.99.

EXHIBIT P2. COPY OF THE ORDER NO.UGC CELL II[2] 54035/2008 DATED 28.7.09.

EXHIBIT P3. COPY OF THE JUDGMENT DATED 24.5.12 IN WPC 19491/2007 PASSED BY THIS HONOURABLE COURT.

EXHIBIT P4. COPY OF THE CIRCULAR NO.F1-22 97-U.I DATED 6.11.98.

EXHIBIT P5. COPY O THE JUDGMENT DATED 10.09.12 IN WA 865 OF 2010 PASSED BY THIS HONOURABLE COURT.

EXHIBIT P6. COPY OF THE REPRESENTATION DATED 4.7.15 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

EXHIBIT P7. COPY OF THE JUDGMENT DATED 8.10.15 IN WPC 30105/2015 K OF THIS HONOURABLE HIGH COURT OF KERALA.

EXHIBIT P8 COPY OF THE G.O[RT]NO.978/2017/H.EDN DATED 29.5.17.

EXHIBIT P9. COPY OF THE JUDGMENT DATED 13.8.14 IN WPC 16995/2014 OF THIS HONOURABLE HIGH COURT OF KERALA.

EXHIBIT P10. COPY OF THE G.O[RT]NO.1335/2015/H.EDN DATED 10.6.15.