Dr.K.P.Laladhas vs State Of Kerala
2021 Latest Caselaw 14204 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                        WP(C) NO. 12526 OF 2021
PETITIONERS:

     1       DR.K.P.LALADHAS
             AGED 55 YEARS
             S/O K.KRISHNAN, PRINCIPAL, ST. STEPHENS COLLEGE, COLLEGE
             P.O. MALOOR-ENATHU ROAD, PATHANAPURAM-689 695, RESIDING
             AT MINI LAND, SANTHOSH MITRA LANE, KERALADITHYAPURAM,
             POWDIKONAM P.O.THIRUVANANTHAPURAM-695 588.

     2       NEENA SUZZAN JOSHUA,
             AGED 55 YEARS
             W/O P.M. OOMMEN, ASSOCIATE PROFESSOR, ST.STEPHENS
             COLLEGE, COLLEGE P.O.MALOOR-ENATHU ROAD, PATHANAPURAM,
             KERALA-689 695. RESIDING AT MISPAH, KALLUMKADAVU,
             PATHANAPURAM, KOLLAM-689 695

             BY ADVS.
             THOMAS ABRAHAM
             ANIL K.NAIR
             MERCIAMMA MATHEW
             ASWIN.P.JOHN
             R.ANANTHAPADMANABAN
             THAYYIB SHA P.S.
             HARIKRISHNAN V.A



RESPONDENTS:

     1      STATE OF KERALA
            REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION
            DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
            THIRUVANANTHAPURAM-695 001.

     2      THE DIRECTOR OF COLLEGIATE EDUCATION
            THIRUVANANTHAPURAM-695 001.

     3      THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
            KOLLAM-691 001.
 WP(C) NO. 12526 OF 2021
                                2

    4     MANAGER
          ST. STEPHENS COLLEGE, COLLEGE P.O., MALOOR-ENATHU
          ROAD, PATHANAPURAM-689 695.


OTHER PRESENT:

          SRI. T. RAJASEKHARAN NAIR- SR, G.P.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12526 OF 2021
                                      3

                                JUDGMENT

This writ petition is filed seeking the following prayers:-

(i) issue a writ of mandamus or any other appropriate writ, order order or direction commanding the respondents 1 to 3 to take necessary steps to step up the pay and other allowances of the petitioners to ensure that the petitioners do not draw an inferior pay than their juniors in the light of the principle laid down by the Hon'ble Supreme Court in Gurcharan Singh Grewal and Another v. Punjab State Electricity Board and Others reported in 2009 (3) SCC 94 and Exhibits P9 and P10 judgments.

(ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to pay the arrears of the difference of pay and other consequential benefits from the date on which the juniors of the petitioners started drawing higher pay;

(iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to take necessary steps to issue the advance increments due to the petitioners which hitherto remains unpaid;

2. Heard the learned counsel for the petitioners and the

learned Government Pleader. Though notice was taken out to

the 4th respondent, service is not complete.

3. The learned counsel for the petitioner submits that a

reading of Ext.P15 reply given by the Director would show that WP(C) NO. 12526 OF 2021

the re-fixation statement and the proposal pursuant to Ext.P14

representation has been received by the 2 nd respondent. It is

contended that the proposal as well as the request of the

petitioner for stepping up of pay had been filed before the 2 nd

respondent and the only reason for non consideration is that

there is no direction issued by this Court for a consideration

thereof.

4. Having heard the learned Government Pleader also, I

am of the opinion that since the identically situated persons

had been found to be eligible for the three advance increments

in terms of the 6th UGC scheme on acquiring the PhD

qualifications, the request made by the petitioner at Ext.P14

and the re-fixation statement forwarded by the Principal are

liable to be considered and appropriate decisions taken

thereon, taking note of the orders passed in identical cases as

well.

5. There will, accordingly, be a direction to the 2nd

respondent to take up Exts.P14 and P14(a) request made by WP(C) NO. 12526 OF 2021

the petitioners and Exts.P13 and P13(a) re-fixation statements

and to take an appropriate decision with regard to the claim of

the petitioners for stepping up of pay at par with their juniors.

Decisions of this Court in Exts.P9 and P10 shall be specifically

referred to and the benefits thereof, shall be extended to the

petitioners also. Orders shall be passed within a period of six

weeks from the date of receipt of a copy of this judgment and

the resultant benefits shall be disbursed without delay

thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

bng/09.07.2021 WP(C) NO. 12526 OF 2021

APPENDIX OF WP(C) 12526/2021

PETITIONER ANNEXURE

Exhibit P1 THE TRUE COPY OF THE PH.D DEGREE AWARDED TO THE 1ST PETITIONER FROM THE UNIVERSITY OF KERALA

Exhibit P2 THE TRUE COPY OF THE PH.D DEGREE AWARDED TO THE 2ND PETITIONER FROM THE UNIVERSITY OF KERALA

Exhibit P3 THE RELEVANT PAGES OF THE GO(P) NO 58/2010/H.EDN DATED 27.3.2010 DEALING WITH THE GRANT OF INCENTIVES FOR SECURING PH.D M.PHIL AND SUCH OTHER HIGHER QUALIFICATION

Exhibit P4 THE TRUE COPY OF THE GO(MS) NO. 597/2013/ H.EDN DATED 3.9.2013

Exhibit P5 THE TRUE COPY OF THE ORDER NO D4/3123/18/L.DIS DATED 18.6.2018 ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM FOR GRANTING 3 NON- COMPOUNDED INCREMENTS TO DR. SAJUDEEN P.A

Exhibit P5(A) THE TRUE COPY OF THE ORDER NO D4/4246/2018/L.DIS DATED 3.7.2018 ISSUED Y THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM FOR GRANTING 3 NON- COMPOUNDED INCREMENTS TO DR. KOSHY P.M.

Exhibit P6 THE TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE AND PAYROLL ADMINISTRATIVE REPOSITORY FOR KERALA CONTAINING INFORMATION REGARDING DISBURSAL OF PAY AND ALLOWANCE TO TEACHERS OF ST. STEPHENS COLLEGE, PATHANAPURAM WP(C) NO. 12526 OF 2021

Exhibit P7 THE TRUE COPY OF THE LETTER DATED 16.8.2018 SUBMITTED BY THE 1ST PETITIONER

Exhibit P(A) THE TRUE COPY OF THE LETTER DATED 16.8.2018 SUBMITTED BY THE 2ND PETITIONER

Exhibit P8 THE TRUE COPY OF THE LETTER NO A7/T.S/S.T/359/2018 DATED 29.8.2018 SENT BY PRINCIPAL, ST. STEPHENS COLLEGE, PATHANAPURAM TO THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION HIGHLIGHTING THE CASE OF THE 1ST PETITIONER

Exhibit P8(A) THE TRUE COPY OF THE LETTER NO A7/T.S/S.T/360/2018 DATED 30.8.2018 SENT BY PRINCIPAL, ST. ST. STEPHENS COLLEGE, PATHANAPURAM TO THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION HIGHLIGHTING THE CASE OF THE 2ND PETITIONER

Exhibit P9 THE TRUE COPY OF THE JUDGMENT DATED 28.10.2016 IN WP(C) NO 32933 OF 2014

Exhibit P10 THE TRUE COPY OF THE JUDGMENT DATED 6.6.2017 IN W.A.NO 488 OF 2017

Exhibit P11 THE TRUE COPY OF THE GO(RT) NO 1691/2018/H.EDN DATED 11.9.2018

Exhibit P12 THE TRUE COPY OF THE LETTER NO B4/9463/2018 DATED 27.12.2018 SENT BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION TO THE PRINCIPAL, ST. STEPHENS COLLEGE, PATHANAPURAM

Exhibit P13 THE TRUE COPY OF THE PAY RE-FIXATION STATEMENT OF THE 1ST PETITIONER SENT BY THE PRINCIPAL, ST. STEPHEN'S COLLEGE ON 22.2.2019 WP(C) NO. 12526 OF 2021

Exhibit P13(A) THE TRUE COPY OF THE PAY RE-FIXATION STATEMENT OF THE 2ND PETITIONER SENT BY THE PRINCIPAL, ST. STEPHEN'S COLLEGE ON 22.2

Exhibit P14 THE TRUE COPY OF THE REPRESENTATION DATED 22.2.2019 SUBMITTED BY THE 1ST PETITIONER THROUGH PROPER CHANNEL BEFORE THE DIRECTOR OF COLLEGIATE EDUCATION

Exhibit P14(A) THE TRUE COPY OF THE REPRESENTATION DATED 22.2.2019 SUBMITTED BY THE 1ST PETITIONER THROUGH PROPER CHANNEL BEFORE THE DIRECTOR OF COLLEGIATE EDUCATION

Exhibit P15 THE TRUE COPY OF THE COMMUNICATION NO B4/1986/2019 DATED 14.3.2019 SENT BY THE DIRECTOR OF COLLEGIATE EDUCATION TO THE PRINCIPAL, ST. STEPHEN'S COLLEGE

Exhibit P16 THE TRUE COPY OF THE COMMUNICATION NO D1/375/2017/H.EDN DATED 19.6.2019 ISSUED BY THE PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT

Exhibit P17 THE TRUE COPY OF THE LETTER DATED 19.9.2019 SENT BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOLLAM TO THE PRINCIPAL, ST.STEPHEN'S COLLEGE