Kerala High Court
Dr.G.Valsala Devi vs The Principal on 10 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
WP(C) NO. 18660 OF 2021
PETITIONER/S:
DR.G.VALSALA DEVI, AGED 58 YEARS
W/O AJITH PRASAD M S, ASSISTANT PROFESSOR
(RETIRED), FORMER HEAD OF THE DEPARTMENT OF
MALAYALAM, S.D COLLEGE, ALAPPUZHA, RESIDING AT
INDEEVARAM, PUNNAPRA NORTH P.O.ALAPPUZHA, PIN-688
014.
BY ADVS.
GOPAKUMAR R.THALIYAL
N.P.PRAJEESH
RESPONDENT/S:
1 THE PRINCIPAL, S.D COLLEGE, SANADANAPURAM
P.O.ALAPPUZHA, PIN-688 003.
2 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
ERNAKULAM, PIN-682 011.
3 THE DIRECTOR OF COLLEGIATE EDUCATION
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN-695 033.
4 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
OTHER PRESENT:
GP SRI JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
wpc 18660/21
-2-
JUDGMENT
(Dated this the 10th day of September, 2021)
The petitioner was appointed as a Lecturer in
Malayalam in the year 2001 and thereafter, was promoted
as Lecturer Senior Scale with effect from 8.8.2016 in the
pay scale of Rs.10000-15200, approved by the University
of Kerala as per Ext.P3. Two advance increments on
account of having attained M.Phil degree with effect from
8.8.2001 as per the UGC scheme in vogue was also given.
Vide Ext.P5 order, she was promoted as Assistant Professor
in the pay scale of Rs.15600-39100 plus AGP 8000. In the
year of 2013 the petitioner had taken Ph.D in Malayalam
from MG University and was promoted as Associate
Professor with AGP of Rs.9000/- in the pay scale of
Rs.37400-67000 with effect from 8.8.2014.
2. The learned counsel for the petitioner submitted
that an order dated 20.11.2020 was passed by the 2 nd
respondent i.e., the Deputy Director of Collegiate
Education after retirement from service on superannuation
wpc 18660/21
on 31.5.2019, fixing the pension at a lower scale in the post
of Associate Professor with AGP 9000 and thereafter, the
pension was sanctioned at lower scale as evident from
Ext.P7. The authority had not taken the fact that the
petitioner was promoted as Associate Professor with AGP
9000 in the pay scale of 37000-400-67000 with effect from
8.8.2014 as evident from Ext.P6. In this regard a
representation dated 26.7.2021 (Ext.P8) was also
submitted, but no steps have been taken.
3. Without expressing anything on the merits of the
case, I dispose of this Writ Petition, by issuing direction to
the first respondent to take a decision on Ext.P8
representation dated 26.7.2021 within 45 days, after
affording reasonable opportunity of hearing, either through
virtual or physical mode.
This Writ Petition is disposed of accordingly.
Sd/-
AMIT RAWAL, JUDGE.
dl/
wpc 18660/21
APPENDIX OF WP(C) 18660/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER OF APPROVAL DATED
15.1.1992 ISSUED BY THE UNIVERSITY OF
KERALA
Exhibit P2 TRUE COPY OF THE ORDER DATED 5.5.2003
ISSUED BY THE UNIVERSITY OF KERALA
Exhibit P3 TRUE COPY OF THE ORDER DATED 20.9.2008
ISSUED BY THE UNIVERSITY OF KERLA
Exhibit P4 TRUE COPY OF THE ORDER DATED 29.3.2014
ISSUED BY THE 2ND RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER DATED 4.12.2018
ISSUED BY THE UNIVERSITY OF KERALA
Exhibit P6 TRUE COPY OF THE ORDER DATED 20.11.2020
ISSUED BY THE 2ND RESPONDENT ALONG WITH
ITS TRUE ENGLISH TRANSLATION
Exhibit P7 TRUE COPY OF THE PENSION PAYMENT ORDER
OF THE PETITIONER DATED 23.9.2020
Exhibit P8 TRUE COPY OF THE REPRESENTATION
SUBMITTED TO THE 1ST RESPONDENT DATED
26.7.2021 ALONG WITH ITS TRUE ENGLISH
TRANSLATION
