Dr.Sunil Kumar P vs State Of Kerala
2021 Latest Caselaw 9413 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

     MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

                      WP(C).No.31855 OF 2013(F)


PETITIONER:

               DR.SUNIL KUMAR P,
               LIBRARIAN (UGC)
               LOYOLA COLLEGE OF SOCIAL SCIENCE, SREEKARIYAM,
               THIRUVANANTHAPURAM-17

               BY ADVS.
               SRI.BRIJESH MOHAN
               SMT.RESMI G. NAIR

RESPONDENTS:

      1        STATE OF KERALA
               REPRSENTD BY PRINCIPL SECRETARY TO GOVERNMENT,
               HIGHER EDUCATION DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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

      3        THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
               OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
               EDUCATION, SOUTH ZONE, ASP TOWER,
               CHAMAKKADA, KOLLAM-691001.

      4        THE PRINCIPAL LOYOLA COLLEGE OF SOCIAL SCIENCE
               SREEKARIYAM, THIRUVANANTHAPURAM-695 017.

               BY GOVERNMENT PLEADER
               BY ADV. SRI.A.AHZAR


               GP SRI B HARISH KUMAR

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.31855 OF 2013(F)

                                   2


                                JUDGMENT

Dated this the 22nd day of March 2021

The challenge in the present petition has been laid to

Ext.P10 an order dated 29.11.2013 whereby in pursuance to the

directions contained in the judgment dated 07.08.2013 in W.P.

(C).No.19597/2013 respondents were directed to consider the

case of the petitioner for placement in the senior scale and the

disbursal of the amount towards the non-compounded advance

increment which was ordered to be recovered.

2. Learned counsel for the petitioner submits that the

order Ext.P10 is non-speaking much less no reasoning for

rejecting the benefits as it was also in the case the decision of the

Government dated 03.09.2013 (Ext.P11). Eligibility of the

petitioner for placement in the senior scale was the core issue to

be considered and in the absence of the same the recovery of

advance increment could not have been ordered.

3. On the other hand, Sri.B.Harish Kumar, learned

Government Pleader submits that Ext.P10 is speaking and the

reasoning have been assigned after affording an opportunity of WP(C).No.31855 OF 2013(F)

being heard to the petitioner.

4. I have heard the learned counsel for the parties and

appraised the paper book.

5. The impugned order passed by the respondents reads

thus:

"GOVERNMENT OF KERALA

Abstract

HIGHER EDUCATION DEPARTMENT-PRIVATE AIDED COLLEGES- JUDGMENT DATED 7.8.2013 BY HONOURABLE HIGH COURT OF KERALA IN WP(C) 19597/2013 FILED BY DR.SUNILKUMAR COMPLIED WITH - ORDERS ISSUED

----------------------------------------------------------------------

HIGHER EDUCATION (D) DEPARTMENT G.O.(Rt.)No:233012013/H.Edn Dated,Thiruvananthapuram, 29.11.2013

Read: 1. Petition dated 4.5.2013, submitted by : Sunilkumar, before Chief Minister's Public Grievance Redressal Cell.

2. letter No S7/SKP/B/13 dated 24.7.2013 from the Principal, Loyola College of Social Sciences. 695 017 3 .Judgment dated 7.8.2013 by Honourable High Court of Kerala in WPCC 19597/2013 filed by Dr. Sunil Kumar

4. Letter No UGC Cell5.35160/2011/Coll Edn dated 26.10.2013 of the Director of Collegiate Education, Thiruvananthapuram

ORDER

Dr Sunil Kumar.P, Librarian, Loyola College of Social Sciences, Sreekaryam Thiruvananthapuram has filed WPC)19597/2013 before Honourable High Court of Kerala requesting to give direction to Government (Respondent No 1) to dispose of the petition submitted by him vide letter read as second paper above. The petition has been filed before Government requesting to approve his senior scale promotion and to reconsider the decision of the Director or Collegiate Education, Thiruvananthapuram to recover the amount paid as WP(C).No.31855 OF 2013(F)

advance increment. As per Judgment read as 3rd paper above, the Honurable High Court has directed Government (Respondent No 1) to consider and pass appropriate orders on Exhibit P7 petition (vide letter read as to above) within a period of three months from the date of receipt of a copy of the judgment. Since the petitioner has submitted a copy of the judgment on 13.9.2013, the time limit for disposing the petition is 12.12.2013.

The petition submitted by Dr Sunil Kumar, Librarian, Loyola College of Social Sciences, Thiruvananthapuram was sent to the Director of Collegiate Education for report. In continuation to this, vide letter read as 4th paper above, the Director of Collegiate Education has informed that the incumbent has been appointed as Librarian Grade ll in the Loyola College of Social Sciences Sreekaryam. As per prevailing rules, Librarian Grade I, who are appointed in Private Aided Colleges on or after 1.4.1990, are only eligible to get salary in UGC Scale. Since the petitioner was appointed as librarian Grade II he is not eligible for Salary in UGC Scale as per existing rules.

As per GO(MS) 50/08/H Edn dated 9.5.2008, it is stipulated that the librarians who had UGC qualification on 17. 9.2004 would be eligible to get the salary in the preliminary stage of UGC Scale. They are not eligible for any advance increments as per this Order.

Government have examined the matter in detail and have found that Dr Sunilkumar, Librarian, Loyola College of Social Sciences is not eligible for the three advance increments as claimed. Hence the petition submitted by Dr Sunilkumar is hereby rejected by upholding the action of the Director of Collegiate Education to recover the advance increment paid to the petitioner. The Judgment dated 7.8.2013 by Honourable High Court of Kerala in WP(C) 19597/2013 filed by Dr Sunil Kumar is thus complied within the time limit.

(By order of the Governor) George Chacko Deputy Secretary to Government Sreekaryam. P.o.

To

1. Dr Sunil Kumar, Librarian, Loyola College of Social Sciences, Thiruvananthapuram 695017 (By Regd Post)

2. The Director of Collegiate Education Thiruvananthapuram

3. The Deputy Director of Collegiate Education, Kollam (vide letter No D6/62310/2013 dated 29.7.2013) WP(C).No.31855 OF 2013(F)

4. The Principal, Loyola College of Social Sciences, Sreekariyam, Thiruvananthapuram 695 017

5. The Advocate General Kerala, Ernakulam (With Covering Letter)

6. Stock/Spare Forwarded By Order Section Officer"

On perusal, it is found that the aforementioned order

whereby the Government examined the matter and found the

petitioner not eligible for grant of the increment as claimed and

justified the action of recovery or advance increment, is bereft of

any reasons and cannot be upheld being wholly unsustainable.

Officers at the level of Deputy Secretary of Government are

legitimately expected to assign reasons particularly when the

petitioner had laid reliance to a Government order dated

09.05.2018 stipulating that the librarians who had a UGC

qualification as on 17.09.2004 would be eligible to get salary in

the preliminary stage of UGC scale.

In view of what has been stated above, Ext.P10 is quashed

and the respondents are directed to take a call within a period of

two months from the receipt of a copy of this judgment after

compliance with the order and affording an opportunity of being

heard to the petitioner. Petitioner is permitted to place on record WP(C).No.31855 OF 2013(F)

any reasonable material over and above what has been

submitted.

Sd/-

AMIT RAWAL

JUDGE nak WP(C).No.31855 OF 2013(F)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 P1: COPY OF GO(MS)NO.50/08/H.EDN. DATED 09.05.2008 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 P2: COPY OF LETTER DATED 28.5.2009 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P3 P3: COPY OF ORDER NO.ESTT.E2-

32870/08/COLL.EDN. DATED 7.8.2009 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 P4: COPY OF ORDER NO.B6/4676/11 DATED 23.6.2011 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 P5: COPY OF THE RELEVANT EXTRACT OF GO(P)NO.58/2010/H.EDN. DATED 27.3.2010 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 P6: COPY OF ORDER NO.B2/6017/13 DATED JULY, 2013 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P7 P7: COPY OF THE REPRESENTATION DATED 22.7.2013 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P8 P8: COPY OF ORDER NO.B2/6500/13 DATED 31.7.2013 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P9 P9: COPY OF THE JUDGMENT DATED 07.08.2013 IN WPC.NO.19597/2013 OF THIS HON'BLE COURT.

EXHIBIT P10 P10: COPY OF GOVERNMENT ORDER GO(RT)NO.2330/2013/H.EDN. DATED 29.11.2013.

EXHIBIT P11 P11: COPY OF GOVERNMENT ORDER GO(MS)NO.597/2013/H.EDN. DATED 03.09.2013.