Dr.Cyriac Joseph vs State Of Kerala
2021 Latest Caselaw 4322 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                        WP(C).No.792 OF 2021(Y)


PETITIONER:

               DR.CYRIAC JOSEPH
               AGED 59 YEARS
               S/O.V.T.JOSEPH, VEMPALA HOUSE, ELIKULAM P.O.,
               KOTTAYAM-686577, (RETIRED ASSOCIATE PROFESSOR IN
               ECONOMICS, FROM K.E. COLLEGE, MANNANAM).

               BY ADV. SRI.M.S.RADHAKRISHNAN NAIR

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER
               EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF COLLEGIATE EDUCATION,
               VIKAS BHAVAN, THIRUVANANTHAPURAM-695001.

      3        THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
               VYSHARAKUNNAM, KOTTAYAM-686001.


OTHER PRESENT:

               SR GP T RAJASEKHARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.792 OF 2021(Y)

                                      2

                            JUDGMENT

Dated this the 5th day of February 2021

This writ petition is filed seeking the following reliefs:-

"i) Issue a writ of certiorari any other writ order or direction calling for the records leading to Ext.P3 and quash that part granting two advance increments.

ii) To issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to grant 3 non-compoundable advance increments at the revised rate to the petitioner who acquired Ph.D degree while in service on the basis of Exts.P1, P4 and P5 with effect from 01.09.2008."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioner that the petitioner had acquired Ph.D while he was

in service between 01.01.2006 and 31.08.2008. It is

submitted that he is eligible for three advance non-

compoundable increments in accordance with Ext.P1, P4 and

P5. It submitted that teachers, who acquired Ph.D on or after WP(C).No.792 OF 2021(Y)

01.09.2008, had received the three non-compoundable

advance increments in accordance with the revised UGC

scheme introduced on 27.03.2010. However, in the

petitioner's case, on the ground that he had acquired Ph.D

between 01.01.2006 and 31.08.2008, the third increment is

not released to the petitioner. It is submitted that the issue

raised is covered by the judgment of a Division Bench of this

Court in W.A No.1859/2017 as also the judgments which

have been produced by the petitioner as Exts.P8 and P9.

4. Having considered the contentions advanced, I

find that it has been held by this Court repeatedly that

persons, who acquire Ph.D degree between 01.01.2006 and

31.08.2008, are also being entitled to the three advance

non-compoundable increments as has been provided in the

revised UGC scheme introduced on 27.03.2010.

5. In the above view of the matter, this writ petition

is allowed. The respondents are directed to take appropriate

steps to see that the third non-compoundable advance WP(C).No.792 OF 2021(Y)

increment and all consequential benefits shall be granted to

the petitioner with effect from 01.09.2008 at the revised

rate within a period of three months from the date of receipt

of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE Bng/06.02.20201 WP(C).No.792 OF 2021(Y)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE G.O.(P)58/10/H.EDN. DATED 27.03.2010.

EXHIBIT P2 TRUE COPY OF THE G.O(MS)NO.597/2013/H.EDN. DATED 03.09.2012.

EXHIBIT P3 TRUE COPY OF THE SALARY FIXATION STATEMENT DATED 05.06.2015 GRANTING TWO NON COMPOUNDABLE ADVANCE INCREMENTS TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE RELEVANT PORTION OF THE ORDER NO.1-32/2006.U.II/U.I(I) OF THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF HIGHER EDUCATION, NEW DELHI DATED 31.12.2008.

EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTION OF UGC REGULATION.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P.

(C)NO.16998/2014 DATED 23.03.2015.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN W.A.NO.2729 OF 2015 DATED 04.02.2016.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P.

(C)NO.14304/2019 DATED 11.06.2019 GRATING ONE MORE ADVANCE NON COMPOUNDABLE INCREMENTS TO THE PETITIONER IN THAT CASE.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P.

(C)NO.31065/19 DATED 06.07.2020 OF THIS HON'BLE COURT.