Kerala High Court
Sunil Kumar.K vs State Of Kerala on 26 September, 2025
2025:KER:72140
W.P(C). 37813/2018 and conn. cases 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 26TH DAY OF SEPTEMBER 2025 / 4TH ASWINA, 1947
WP(C) NO. 37813 OF 2018
PETITIONER/S:
1 RASHID M.E.,
AGED 43 YEARS
S/O.EBRAHIM P.P., ASSISTANT PROFESSOR, DEPARTMENT OF
ELECTRONICS ENGINEERING, MODEL ENGINEERING COLLEGE,
THRIKKAKARA, RESIDING AT PONTHANAL HOUSE, ERATTUPETTA
P.O., KOTTAYAM DISTRICT, PIN - 686 121.
2 SAJITHA.S
D/O.K.SOMASUNDARAN NAIR,ASSISTANT
PROFESSOR,DEPARTMENT OF BIOMEDICAL ENGINEERING,MODEL
ENGINEERING COLLEGE,THRIKKAKARA,RESIDING AT
ANANTHAPADAMALAYAM,THEKKUMANA,MANJUMMEL.P.O,ERNAKULAM
DISTRICT,PIN-683501.KOTTAYAM DISTRICT.
3 LEENA T.TIMOTHY
D/O.T.P.TIMOTHY,ASSISTANT PROFFESOR,DEPARTMENT OF
ELECTRICAL ENGINEERING,COLLEGE OF
ENGINEERING,CHERTHALA,RESIDING AT KOLADY HOUSE,HOIUSE
NO.VI/661-A,THRIKKAKARA.P.O,COCHIN-6582021.
4 APARNA DEVI.P.S
D/O.UNNIKRISHNAN.K, ASSISTANT PROFESSOR,DEPARTMENT OF
ELECTRONICS ENGINEERING,COLLEGE OF
ENGINEERING,CHERTHALA,RESIDING AT ANIMA,PARAT
LANE,ALUVA,PIN-682021.
5 ANJANA DEVI.S
D/O.R.S.MARAR,ASSISTANT PROFESSOR,DEPARTMENT OF
ELECTRONICS ENGINEERING,COLLEGE OF
ENGINEERING,CHERTHALA,RESIDING AT 28/443A,DEEP
SHIKSHA,CLUB ROAD,KADAVANTHRA.P.O,ERNAKULAM-682020.
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W.P(C). 37813/2018 and conn. cases 2
6 RAJI.A,
D/O.N.THRIVIKRAMAN NAIR,ASSISTANT
PROFESSOR,DEPARTMENT OF ELECTRONICS
ENGINEERING,COLLEGE OF
ENGINEERING,KALLOOPPARA,RESIDING AT ANOOR
PUTHENVEEDU,ERAVICHIRA EAST,SOORANAD.P.O,KOLLAM,PIN-
690522.
7 JOSEPH GEORGE.K.N
S/O.K.J.NELSON,ASSISTANT PROFESSOR,DEPARTMENT OF
ELECTRONICS ENGIENEERING,COLLEGE OF
ENGINEERING,CHERTHALA,ALAPPUZHA DISTRICT,RESIDING AT
KWA QUARTERS NO.63,K.K.PADMANABHAN
ROAD,KACHERIPADY,KOCHI-682018.
8 JAYASREE.K,
D/O.K.S.KUTTAPPAN,ASSISTANT PROFESSOR,DEPARTMENT OF
COMPUTER SCIENCE,MODEL ENGINEERING
COLLEGE,THRIKKAKARA,RESIDING AT
11/522A,SREEVALSAM,KAKKANADU.P.O,POYYACHIRA,PIN-
682037.
9 RENU GEORGE
D/O.V.I.GEORGE,ASSISTANT PROFESSOR,DEPARTMENT OF
COMPUTER SCIENCE,COLLEGE OF
ENGINEERING,CHENGANNUR,RESIDING AT
THATTAKUNNEL,PALIAKARA,THRISSUR,PIN-689101.
10 JOSHY JOSEPH
S/O.A.K.JOSEPH,LECTURER(SELECTION GRADE),DEPARTMENT
OF MECHANICAL ENGINEERING,COLLEGE OF
ENGINEERING,CHERTHALA,RESIDING AT
PUNCHEKUNNEL,PALA.P.O,KOTTAYAM DISTRICT,PIN-686575.
11 SHINE P.JAMES
S/.O.P.V.JAMES,LECTURER(SELECTION GRADE),DEPARTMENT
OF ELECTRONICS,COLLEGE OF
ENGINEERING,POONJAR,RESIDING AT PARATHAZHATHU
HOIUSE,ST.THOMAS ROAD,PALA.P.O,KOTTAYAM DISTRICT,PIN-
686575.
12 MANU M.JOHN
S/O.P.M.JOHN,LECTURER(SELECTION GRADE),DEPARTMENT OF
MECHANICAL ENGINEERING,COLLEGE OF
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W.P(C). 37813/2018 and conn. cases 3
ENGINEERING,ADOOR,RESIDING AT MALIYEKAL
3/417,VADAKADATHUKAVU.P.O,ADOOR,PATHANAMTHITTA
DISTRICT.
13 SINDHU.L
D/O.M.P.CHANDRAN,LECTURER (SELECTION
GRADE),DEPARTMENT OF COMPUTER ENGINEERING,COLLEGE OF
ENGINEERING,POONJAR,RESIDING AT THEKKUMALA
HOUSE,KADAPLAMATTOM.P.O,KOTTAYAM DISTRICT,PIN-686575.
14 SREEJA.P
D/O.V.PRABHAKARAN NAIR,LECTURER(SELECTION
GRADE),DEPARTMENT OF ELECTRICAL ENGINEERING,COLLEGE
OF ENGINEERING,ADOOR,RESIDING AT RESIDING AT
THIRUVONAM,SREENAGAR 230,VADAKKEVILA.P.O,KOLLAM,PIN-
691010.
BY ADVS.
SRI.K.JAJU BABU (SR.)
SMT.M.U.VIJAYALAKSHMI
SRI.BRIJESH MOHAN
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
HIGHER EDUCATION (G) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 INSTITUTE OF HUMAN RESOURCES DEPARTMENT (IHRD)
PRAJOE TOWERS,VAZHUTHACAUD,THIRUVANANTHAPURAM-
695014,REPRESENTED BY ITS DIRECTOR.
3 THE DIRECTOR
INSTITUTE OF HUMAN RESOURCES DEVELOPMENT(IHRD),PRAJOE
TOWER,VAZHIUTHACAUD, THIRUVANANTHAPURAM-695014.
BY ADVS.
GOVERNMENT PLEADER SRI.SREEJITH V.S.
SHRI.M.RAJAGOPALAN NAIR, SC, INSTITUTE OF HUMAN
RESOURCES DEVELOPMENT-IHRD
2025:KER:72140
W.P(C). 37813/2018 and conn. cases 4
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.07.2025, ALONG WITH WP(C).5258/2022, 5261/2022, THE COURT ON
26.09.2025 DELIVERED THE FOLLOWING:
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W.P(C). 37813/2018 and conn. cases 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 26TH DAY OF SEPTEMBER 2025 / 4TH ASWINA, 1947
WP(C) NO. 5258 OF 2022
PETITIONER/S:
1 SUNIL KUMAR.K
AGED 54 YEARS
PROFESSOR IN MECHANICAL ENGINEERING, COLLEGE OF
ENGINEERING ADOOR, INSTITUTE OF HUMAN RESOURCES
DEVELOPMENT, ADOOR-691551, RESIDING AT "OM"
NAIRTHARA, VADAKKANCHERRY (MBR) PALAKKAD-678683.
2 PRADEEP M.
ASSOCIATE PROFESSOR IN ELECTRONICS ENGINEERING, MODEL
ENGINEERING COLLEGE, INSTITITE OF HUMAN RESOURCES
DEVELOPMENT, THRIKKAKARA-680021, RESIDING AT
NEELAMBARI SRA E 15, SOUMYA NAGAR, ALINCHUVADU,
ERNAKULAM-682024.
3 JQAYACHANDRAN E S.
PROFESSOR IN ELECTRONIC ENGINEERING, COLLEGE OF
ENGINEERING ADOOR, INSTITUTE OF HUMAN RESOURCES
DEVELOPMENT, ADOOR-691551, RESIDING AT RAPPAL
WARRIEM, KODAKARA P O, THRISSUR-680684.
4 MANILAL D L.
ASSOCIATE PROFESSOR IN COMPUTER ENGINEERING COLLEGE
OF ENGINEERING, INSTITUTE OF HUMAN RESOURCE
DEVELOPMENT, CHERTHALA-688541, RESIDING AT RCRWA
121B, LAL BHAVAN, GREEN VALLEY LANE, MEC JUNCTION,
KARIMAKKADU, THRIKKAKKARA, COCHIN-682021.
5 SUNIL T T.
PROFESSOR IN ELECTRONIC ENGINEERING, COLLEGE OF
ENGINEERING ATTINGAL, INSTITUTE OF HUMAN RESOURCES
DEVELOPMENT, ATTINGAL -695101, RESIDING AT RVRA-24,
RC-30/2713, KANJIRAMPARA P O, THIRUVANANTHAPURAM-
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W.P(C). 37813/2018 and conn. cases 6
695030.
6 SHANAVAS K T.
ASSOCIATE PROFESSOR IN ELECTRONIC ENGINEERING,
COLLEGE OF ENGINEERING, INSTITUTE OF HUMAN RESOURCES
DEVELOPMENT, CHENGANNUR-689121, RESIDING AT KOVOOR
MALAYIL, ANITHA MANZIL, FATHIMAPURAM P O,
CHANGANASSERY-686102.
7 BHADRAN V.
PROFESSOR IN ELECTRONIC ENGINEERING, COLLEGE OF
ENGINEERING KOTTARAKARA, INSTITUTE OF HUMAN RESOURCE
DEVELOPMENT, KOTTARAKKARA, THRIKKANNAMANGALAM P O,
KOLLAM-691531, RESIDING AT RC.10/7003 (1)
SANKARAMANGALAM, PEROORKKADA P O, THIRUVANANTHAPURAM-
695005.
BY ADVS.
SRI.K.JAJU BABU (SR.)
SMT.M.U.VIJAYALAKSHMI
SRI.ANTONY THOMAS
SRI.BRIJESH MOHAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER
EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 INSTITUTE OF HUMAN RESOURCES DEVELOPMENT
CHACKAI, THIRUVANANTHAPURAM-695024, REPRESENTED BY
ITS DIRECTOR.
3 THE DIRECTOR
INSTITUTE OF HUMAN RESOURCES DEVELOPMENT CHACKAI,
THIRUVANANTHAPURAM-695024.
BY ADVS.
GOVERNMENT PLEADER SRI.SREEJITH V.S.
SHRI.M.RAJAGOPALAN NAIR, SC, INSTITUTE OF HUMAN
RESOURCES DEVELOPMENT-IHRD
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W.P(C). 37813/2018 and conn. cases 7
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.07.2025, ALONG WITH WP(C).37813/2018 AND CONNECTED CASES, THE
COURT ON 26.09.2025 DELIVERED THE FOLLOWING:
2025:KER:72140
W.P(C). 37813/2018 and conn. cases 8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 26TH DAY OF SEPTEMBER 2025 / 4TH ASWINA, 1947
WP(C) NO. 5261 OF 2022
PETITIONER/S:
1 MINU K.K.,
AGED 51 YEARS
ASSOCIATE PROFESSOR IN MATHEMATICS, COLLEGE OF
ENGINEERING, INSTITUTE OF HUMAN RESOURCE DEVELOPMENT,
POONJAR, KOTTAYAM (NOW IN CHARGE OF PRINCIPAL
KANJIRAPPALLY-686582), RESIDING AT KOTTARATHIL,
MUTTOM P.O., THODUPUZHA-685587.
2 MURALI V.S.,
ASSOCIATE PROFESSOR IN PHYSICS, COLLEGE OF
ENGINEERING, INSTITUTE OF HUMAN RESOURCE DEVELOPMENT,
ATTINGAL P.O., ATTINGAL-695101, RESIDING AT PARVATHI
MANDHIRAM, KIZHAKKEKKARA, KOTTARAKKARA P.O.,
KOTTARAKKARA-691506.
3 SAJEEVAN M.,
ASSOCIATE PROFESSOR IN PHYSICS, COLLEGE OF
ENGINEERING, INSTITUTE OF HUMAN RESOURCE DEVELOPMENT,
KARUNAGAPPALLY, THODIYOOR P.O., KARUNAGAPPALLY-
690523, RESIDING AT KRISHNA KRIPA, MATHRUKA NAGAR-61,
THATTAMALA P.O., KOLLAM-691020.
4 RADHA BALAKRISHNAN,
ASSOCIATE PROFESSOR IN MATHEMATICS, MODEL ENGINEERING
COLLEGE, THRIKKAKARA, ERNAKULAM-682021, RESIDING AT
SUVAS, PUTHIYA ROAD, THAMMANAM, COCHIN-682032.
5 JAYARAM D.S.,
ASSOCIATE PROFESSOR IN MATHEMATICS, MODEL ENGINEERING
COLLEGE, THRIKKAKKARA, ERNAKULAM-682021, RESIDING AT
KUZHIVILA HOUSE, EDATHIMON, ELAMBA P.O., ATTINGAL-
695103.
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W.P(C). 37813/2018 and conn. cases 9
6 ASHA G. NATH,
ASSOCIATE PROFESSOR IN MATHEMATICS, COLLEGE OF
ENGINEERING, INSTITUTE OF HUMAN RESOURCE DEVELOPMENT,
KALLOOPPARA,KADAMANKULAM P.O., THIRUVALLA-689603,
RESIDING AT SREEPADAM, KALLOORPPARA . P.O.,
MALLAPPALLY-689583.
7 MANOJ K.R.,
ASSOCIATE PROFESSOR IN MATHEMATICS, COLLEGE OF
ENGINEERING, INSTITUTE OF HUMAN RESOURCE DEVELOPMENT,
POONJAR SOUTH P.O., KOTTAYAM-686582, RESIDING AT
KIZHAKKETHIL, THODANAL P.O., KOTTAYAM-686573.
8 SOFIA ANITHA JAMES,
ASSOCIATE PROFESSOR IN PHYSICS, MODEL ENGINEERING
COLLEGE, THRIKKAKKARA, ERNAKULAM-682021, RESIDING AT
PUTHENKANDATHIL, MANAKKAPPADY, KARUMALLUR, ERNAKULAM-
683511.
9 AJITHA KUMARI R.,
ASSOCIATE PROFESSOR IN MATHEMATICS, COLLEGE OF
ENGINEERING, INSTITUTE OF HUMAN RESOURCE DEVELOPMENT,
ATTINGAL, RESIDING AT VASANTHAM, KRA 79, KRISHNA
NAGAR, RAILWAY STATION ROAD, NEYYATTINKARA-695121.
BY ADVS.
SRI.K.JAJU BABU (SR.)
SRI.BRIJESH MOHAN
SHRI.ARAVIND T RAMESH
SHRI.ASADU AHMMED CHULLINTE
SMT.M.U.VIJAYALAKSHMI
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER
EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 INSTITUTE OF HUMAN RESOURCES DEVELOPMENT,
CHACKAL, THIRUVANANTHAPURAM-695024, REPRESENTED BY
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W.P(C). 37813/2018 and conn. cases 10
ITS DIRECTOR.
3 THE DIRECTOR,
INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, CHACKAL,
THIRUVANANTHAPURAM-695024.
BY ADVS.
GOVERNMENT PLEADER SRI.SREEJITH V.S.
SHRI.M.RAJAGOPALAN NAIR, SC, INSTITUTE OF HUMAN
RESOURCES DEVELOPMENT-IHRD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY ON
26.09.2025, ALONG WITH WP(C).37813/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P(C). 37813/2018 and conn. cases 11
MOHAMMED NIAS C.P., J
..................................................................
W.P(C) Nos. 37813 of 2018,
5258 of 2022 and 5261 of 2022
....................................................................
Dated this the 26th day of September, 2025
JUDGMENT
In W.P.(C) No. 37813 of 2018, the petitioners are Engineering
faculty members in various colleges under the 2nd respondent, Institute
of Human Resources Development (IHRD). Petitioners 1 to 9 were serving
as Assistant Professors, and petitioners 10 to 14 were serving as
Lecturers (Selection Grade). They seek placement in the higher pay band
of Rs.37,400-67,000 and re-designation as Associate Professors under the
AICTE Scheme, based on Ext.P1 G.O.(P) No.389/10/H. Edn dated
07.12.2010, which implemented the AICTE pay revision in the State w.e.f.
01.01.2006. The said benefit was extended to IHRD faculty through Ext.P2
proceedings dated 18.03.2011, on the same terms and conditions, except
for arrears.
1.1. The petitioners were granted Selection Grade on various dates
between 2010 and 2011, and claim eligibility for re-designation in terms
of Clauses 6.1.10 and 6.1.11 of Ext.P1, having completed more than three
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W.P(C). 37813/2018 and conn. cases 12
years in the grade of Lecturers (Selection Grade). The petitioners have
completed more than four years of service after the eligible date of re-
designation. Selection Grade was sanctioned to the 1st petitioner on
18.06.2010 vide Ext. P3 order dated 4.09.2010, and similarly, other
petitioners have also been granted Selection Grade as evidenced from
Ext. P4 to P16. They assert that similarly placed faculty, one Prakas N.,
Lecturer (Selection Grade), was re-designated as Associate Professor and
granted the higher pay band with effect from 22.10.2011, but the
petitioners were excluded despite identical service profiles.
1.2. The petitioners filed representations before the 2nd
respondent requesting to sanction the higher pay band of Rs. 37400-
67000/- and to re-designate as 'Associate Professor', and to take
necessary steps to rectify the anomalies in pay fixation and re-fix their
pay retrospectively based on Ext. P1 order as evident from Ext. P18 to
Ext. P31. The petitioners further approached this Court by filing WPC No.
12542/2018, which was disposed of by Ext. P32 judgment dated
10.04.2018 directing the 2nd respondent to consider and pass orders on
Ext. P18 to P31 within two months after hearing the petitioners.
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W.P(C). 37813/2018 and conn. cases 13
Pursuant to this, a hearing was conducted by the 2nd respondent and
Ext. P33 order dated 10.08.2018 was issued rejecting the claim of the
petitioners raised in Ext. P18 to P31 citing audit objections and financial
constraints. It was stated in Ext.P33 order that in the audit objection of
the Accountant General (AG) during 2011-12, during the test check of
service books, some irregularities were pointed out in the fixation of pay
of the faculties in the Engineering Colleges. Accordingly, a centralised
cell was constituted at the IHRD headquarters on 10.01.2014 to verify the
fixation. The cell has made some adverse observations on the pay
fixation statement of 137 faculties. A sub-committee was also constituted
for resolving the issues about the fixation of pay of 137 faculty members
under AICTE/UGC. The report of the sub-committee has been forwarded
to the government. The petitioners are also included among the 137
faculty members. The issues are not settled, and the rectification can be
done only on receipt of directions from the Government.
1.3 The petitioners thereby contend that Ext.P33 is arbitrary,
especially when no audit objections exist against some petitioners, and
when eligibility is undisputed. They submit that denial of benefits,
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W.P(C). 37813/2018 and conn. cases 14
despite fulfilling all requirements under the AICTE Scheme, results in
unfair treatment vis-à-vis similarly situated colleagues and juniors. The
petitioners seek quashing of Ext.P33 order rejecting their request for a
higher pay band and re-designation, and to grant placement in the pay
band Rs. 37,400-67,000 with arrears and re-designation as Associate
Professors under Clause 6.1.10 of Ext.P1, with all consequential reliefs
and costs.
2. In W.P(C) No. 5258 of 2022, the petitioners are members of
the Engineering Faculty under the 2nd respondent, IHRD, appointed
through a duly notified and common selection process during 1990-1992
but posted in various associate institutions of IHRD (Engineering
Colleges, Polytechnics, colllege of Applied Science, Regional Centres and
Technical Higher Secondary Schools) at random after common selection
process. Special Rules were notified by IHRD on 13.10.1997; however,
between 1996-97, about 34 appointments of Lecturers were made in the
Engineering Colleges on a contract basis, and the said appointments
were made without any selection process in violation of Special Rules,
and as per order dated 08.09.1998, the services of those 34 lecturers were
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W.P(C). 37813/2018 and conn. cases 15
regularised. In 1998 and 2001, petitioners, being seniors, were appointed
as principals in the College of Applied Science/Polytechnic. In the year
1999, the IHRD decided to have Engineering colleges as a separate
organisation with a separate organisational hierarchy, and as per
circular dated 15.03.1999, IHRD invited options from all "teachers"
working in various institutions to the engineering college service, and
petitioners submitted options to engineering colleges, but IHRD did not
consider their options, and the option was allowed to others, without
specifying any reason. Again, as per the circular dated 17.02.2010,
options were invited for posting in engineering colleges. The petitioners
submitted their option, which was once again not considered. Even
though the posting to engineering colleges based on option was done in
2001, IHRD allowed higher pay scales for those who were in Engineering
Colleges with retrospective effect from 1996 and paid the arrears. As per
the order dated 23.02.2001, the 2nd respondent decided to implement
the AICTE package for the revised scale of pay for teachers of
engineering colleges. The executive committee of the 2nd respondent
resolved to amend the Special Rules of IHRD corresponding to the
amendment to the Special Rules for technical education service made on
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W.P(C). 37813/2018 and conn. cases 16
18.09.2004. The qualifications for the post of Assistant Professors in
Engineering colleges were also amended. However, lecturers and above
categories in non-engineering colleges and institutions under IHRD who
were appointed before 01.06.1999 were also included in the feeder
category for the post of Assistant Professor. Candidates applying for the
post of Assistant Professor were also exempted from possessing a PhD
degree.
2.1. On 11.07.2005, the 2nd respondent invited applications for
the posts of Professors and assistant professors in engineering colleges,
as evidenced from Ext. P1. By virtue of the amendment to Special Rules
on 04.07.2005, the petitioners also became eligible to apply for the post,
and they applied, and on 09.08.2006, the 80th meeting of the executive
committee resolved to constitute a selection committee for selection to
the post of Assistant Professor from among the applicants who
responded to Ext. P1. A select list was prepared on 13.10.2006 and
appointed as Assistant Professor as per the order dated 19.07.2007.
Subsequently, based on the decision of the governing body on 09.07.2007,
Ext. P3 order dated 12.09.2007 was issued, causing an amendment to the
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W.P(C). 37813/2018 and conn. cases 17
Special Rules, but it has a clause that inter-seniority of candidates
selected from non-engineering colleges shall be after the last candidate
selected from Engineering Colleges. This was challenged in WP(C)
No.30121/2007 and vide 08.07.2009 judgment, this court set aside the
clause and declared that the petitioners are entitled to appointment and
seniority in accordance with their rank in the select list published on
13.10.2006. The State Government had implemented the AICTE scale of
pay to the teachers of Engineering Colleges, effective from 1.1.1986, as
per order dated 27.03.1990 and later, as per order dated 07.12.2010, the
government issued orders revising AICTE pay w.e.f 1.1.2006. As per the
provisions of this order, the incumbent Assistant Professors were
redesignated as Associate Professors (cadre).
2.2. The Special Rules for IHRD were thereafter revised and
approved by the Government as per Ext.P5 and Ext.P6, implemented
through Ext.P7. These rules explicitly protected the status and service of
those, like the petitioners, who were appointed before 01.06.1999 and
qualified under the existing norms. Accordingly, the petitioners
continued in Engineering College service as Assistant Professors, and
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W.P(C). 37813/2018 and conn. cases 18
their status remained unchallenged for over a decade.
2.3. It was only in 2021, almost 14 years after their appointment,
that the 1st respondent, State Government, based on a letter from the 3 rd
respondent, Director, IHRD, issued Ext. P8 letter dated 26.11.2021
initiating a process to review and re-fix the pay of 137 faculty members,
including the petitioners. This was followed by Ext. P9 circular
constituting a committee for computing recovery on verification of the
petitioners' service book, and later, the government has constituted a
committee to rework the pay fixation of 137 faculties in engineering
colleges under the 2nd respondent, as per Ext. P10 government order
dated 24.01.2022.
2.4. As per Ext. P8 to P10, the petitioners who are working in
engineering colleges will have to face re-fixation and reduction of pay
under the following conditions;
1. Pay of engineering faculties shall be fixed considering polytechnic
service only. (Service at College of Applied Science, THSS, Regional
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W.P(C). 37813/2018 and conn. cases 19
Centres will not be considered).
2. Engineering faculty in engineering colleges, not qualified as per
AICTE, shall be reverted.
3. Non-engineering faculty in engineering colleges, if not qualified as
per UGC to be reverted, the excess amount paid to them is to be
recovered.
Even though the letter is intended for the regularisation of the career
advancement scheme (grade promotions) of faculties, the second and
third paragraphs of the Ext. P8 refers to the identification of
qualifications, which may consequently affect the promotions. Everyone
has an academic qualification as per AICTE, but the length of service, if
service rendered at College of Applied Science, THSS, Regional centres, is
not considered, may be less.
2.5. In the above circumstances, the petitioners sought to quash
Exts. P8 to P10 to the extent they adversely affect the eligibility of the
petitioners' engineering college service under the 2nd respondent,
which is already settled by Ext. P4 judgment of this Court, and to declare
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W.P(C). 37813/2018 and conn. cases 20
that, notwithstanding Ext. P8 to P10, the petitioners are entitled to
protection of their service as Assistant Professor in engineering colleges
under the 2nd respondent pursuant to Ext. P1 notification, appointment
as per order dated 19.07.2007, and seniority as confirmed in Ext.P4
judgment, and for consequential directions to protect their service, fix
their pay under the AICTE Scheme by incorporating prior service in
Colleges of Applied Science and Regional Centres, grant arrears of salary,
and costs.
3. In W.P(C) No. 5261/2022, all the petitioners are members of
the non-engineering faculty of engineering colleges under the 2nd
respondent, IHRD. The petitioners joined the engineering colleges by of
IHRD in December 2010, by option from non-engineering colleges in
implementation of the direction of this Court. As per Ext. P1 (a) Order
issued by the 2nd respondent dated 01.06.2007, UGC Scheme 1986 was
implemented by the 2nd Respondent in Arts and Science faculties in
Engineering colleges under the 2nd respondent and not in other
institutions. Accordingly, the 2nd and 3rd respondents had invited
options.
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W.P(C). 37813/2018 and conn. cases 21
3.1. The petitioners 1 and 2 filed WPC No. 18048/2007 against
the denial of posting and benefits of the UGC pay package, even after
qualifying for it. This was disposed of by judgment dated 05.10.2009 by
directing the 2nd respondent to invite a fresh option by considering the
academic qualifications and other requirements within two months. It
was also made clear that UGC benefits will depend on such order to be
passed by the 2nd respondent. On 25.05.2010, options were again called
for by the respondents 1 and 2, and after considering the options of the
petitioners, as well as others, were finalised. On 21.12.2010, they were
given a posting as Lecturer, later re-designated as Assistant Professor.
Among the petitioners, P1 and P2 joined service as per the order dated
21.12.2010 and the other petitioners on 23.12.2010, with a pay scale of Rs
8000-13000/- and Rs 8000-13500/-respectively wef 01.01.1996. Still, the
UGC package benefits were not given to the petitioners.
3.2. Petitioners 1 and 2 again filed W.P.(C). No.9441/2012
claiming the salary under the UGC pay package as assured in the
appointment order. As per Ext. P2 judgment dated 12.09.2012, this Court
allowed the Writ Petition and directed the respondents to take
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W.P(C). 37813/2018 and conn. cases 22
immediate steps to release the benefits within three months, against Ext.
P2 judgment, 1st and 2nd respondents preferred Ext. P3, W.A. No. 469 of
2013, contending that the petitioners who had opted to join the faculty
of applied science colleges were not entitled to the UGC pay package, and
further that a vigilance enquiry was pending against the Director. Both
contentions were rejected, and the writ appeal was dismissed by Ext. P4
judgment. Notwithstanding Ext.P2 to P4, the UGC benefits were not
given, and hence, the petitioners 1 and 2 were constrained to file
Contempt Case No.145/2014 before this Court. Payment of the benefits in
instalments was ordered as per Ext.P5 judgment dated 04.08.2016 by this
court in Contempt Case No. 145/2014. Thus, UGC package benefits were
given to the petitioners pursuant to Ext.P2, P4, and P5 judgments of this
Court, which are binding on the respondents. Approval for Revised
Special Rules (covering the service under various institutions of IHRD)
was granted by the Government as in Ext. P6.
3.3. Ext.P6 was implemented by the 2nd respondent. Revised
Special Rules were notified by the 2nd respondent as in Ext.P7 dated
14.01.2025, which contains protection/exemption to both UGC/AICTE
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W.P(C). 37813/2018 and conn. cases 23
hands. A decade after the judgment dated 05.10.2009 in W.P.(C). No.
18048/2007, the 1st respondent issued Ext. P8 letter to the 2nd
respondent to refix the pay of 137 faculty under AICTE/UGC working in
IHRD. Ext.P8 is based on the letter by the 2nd respondent on 17.02.2016.
Ext.P8 directs reversion/recovery of excess salary, etc. The 2nd
respondent issued Ext. P9 circular constitutes a high-level committee for
computing recovery after verification of the petitioners' service books.
The Government constituted Ext. P10 committee for the verification of
the pay of all employees of IHRD. Ext.P8 to P10 are in contempt of the
judgments of this Court, evidenced by Ext.P2, P4, and P5.
3.4. In the above circumstances, the petitioner sought the
quashing of Exts. P8 to P10, and to declare that the petitioners are
entitled to protection of their service in engineering colleges and
emoluments under the UGC scheme in terms of Ext. P2, P4 and P5
judgments and to direct the respondents not to alter or modify the
service of the petitioners in the engineering colleges under the 2nd
respondent and to refix the emoluments under the UGC scheme, already
disbursed in accordance with Ext. P2, P4, and P5 judgments of this Court.
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W.P(C). 37813/2018 and conn. cases 24
4. In the counter affidavit filed by the 2nd and 3rd respondents,
IHRD, in WPC No. 37813/2018, it was contended that during the financial
year 2011-12 while conducting audit of the IHRD accounts, on check of
service book, the audit team observed that many of the faculties who are
working as sanctioned senior/selection grade under CAS was appointed
in violation of the service conditions and enquiry proceedings have been
initiated. The request of the petitioner for sanctioning a higher pay band
can be considered only after clearing the objections raised by the audit
team. A centralised cell was constituted at the IHRD headquarters to
verify the fixation of pay as audit team has pointed out irregularities in
the fixation of pay of the faculties in engineering colleges for financial
years 2008-09, 2009-10, 2010-11 and the cell fixed the pay of 161 faculties
but made some adverse observations on the pay fixation statement of
137 faculties.
4.1. A sub-committee was formed to look into this, and the
report submitted was forwarded to the government for taking necessary
action. It is submitted that, as IHRD is facing an acute financial crisis,
even for the disbursement of salaries of the employees, the position to
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W.P(C). 37813/2018 and conn. cases 25
sanction a higher pay band is not feasible, and to make the government
order applicable to the institution, the implementation can be made only
after taking into consideration the financial position.
5. The Counter Affidavit filed by the 1st Respondent,
represented by the Under Secretary to the Government, Higher
Education Department in WPC 37813/2018, adopts a similar line of
contention as that of IHRD. It further submits that IHRD, being an
autonomous body controlled by the Government of Kerala, must follow
the rules and regulations prevailing in the State government, and the
acute financial crisis faced by IHRD does not even allow for the
disbursement of salary, and the amount received from the government
towards non-plan fund is used for the disbursement of salary for the
employees. The financial crisis arose mainly as a result of poor admission
in the Engineering colleges under IHRD. The pay of 137 faculties coming
under the AICTE Scheme could not be fixed by the centralised cell of
IHRD, and the report of the committee constituted for the purpose is
under examination of the Government.
6. In the reply affidavit filed by the petitioners in WPC
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W.P(C). 37813/2018 and conn. cases 26
37813/2018, it is pointed out that although audit objections are cited as
the reason for denial, promotions and re-designations have in fact been
granted to other similarly situated faculty members, including those
against whom audit objections were also pending. The petitioners
specifically refer to instances where individuals like Sri. Prakas N, Deepa
V.S., and Sreenivas P. were placed in the higher pay band and
redesignated as Associate Professors, despite pending objections.
Moreover, several petitioners, including petitioners against whom no
audit objections have been raised, have also been denied re-designation,
reinforcing the allegation of unfair treatment. It is emphasised that such
selective denial violates the principles of fairness and natural justice.
6.1. As regards the respondents' claim of financial stringency,
the petitioners point to Ext.P34 (G.O.(Rt) No.1404/2020/H.Edn dated
10.11.2020) by which Rs. 20 Crores was sanctioned by the Government
specifically for the disbursement of salaries. Ext.P35 communication
shows that the 3rd respondent even sought details of DA arrears to
implement disbursement. The petitioners contend that this clearly
negates the claim of fund shortage. They further highlight that while
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their benefits under the AICTE scheme were withheld, the 10th Pay
Revision was implemented in full for employees drawing State scale
salaries under IHRD, as evidenced by Ext.P36 (Order No.
EA2/1298/2016/HRD(1) dated 31.12.2019).
7. Heard the learned Senior Counsel Sri Jaju Babu for the
petitioners, instructed by Sri. Sachin, Sri. M. Rajagopalan Nair for the
respondents and Sri. Sreejith V.S., Senior Government Pleader.
8. After hearing the parties and after noticing the above facts,
the following order was passed by this Court:
"When this matter came up on 27.01.2021, learned counsel for IHRD had
pointed out that unless the Government issues appropriate orders
permitting extension of the AICTE scales of pay to the petitioners and
others similarly situated and also provides sufficient funds for the same,
the IHRD's financial position does not permit them to extend the benefit.
It was also submitted that the matter is under consideration by the
Government. Today, when the matter is taken up, learned counsel
submits that the Government is expected to pass orders soon. The
learned Government Pleader also submits that the Government is
actively considering the matter. The learned senior counsel appearing
for the petitioners would, however, submit that the IHRD has, by itself,
extended the AICTE scales of pay to various other employees, and
2025:KER:72140
petitioners alone are being discriminated against in the matter of
extension of AICTE scales of pay. The 3rd respondent shall file an
affidavit in this Court within two weeks from today specifically
adverting to the contention of the learned senior counsel for the
petitioners that several others are being extended the AICTE scales of
pay following Exhibit P2 proceedings of the Administrative Officer of the
IHRD. Post the case after ten days."
9. Pursuant to the direction issued by this Court on 29.01.2021,
IHRD has filed an affidavit stating that the 104th meeting of the
executive committee of IHRD held on 30.11.2021 examined the agenda in
detail and resolved to verify the fixation of the entire faculty members
and also constituted a committee in the following composition to verify
the details as per the Government direction and furnish a report within 2
months. The same was recommended to the government, and based on
which the government has passed the Ext. R 2 (d) order dated 24.01.2022
approving the resolution of the 104 meeting of the Executive Committee.
Until the audit objections are dropped and funds are sanctioned by the
Government, the petitioners cannot claim the benefits under Exhibit P1,
Government Order dated 07.12.2010, through which the AICTE package
was implemented.
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W.P(C). 37813/2018 and conn. cases 29
10. In the additional counter filed by the 1st respondent, State
Government in WPC No. 37813/2018 reiterates that the petitioners are
not entitled to the reliefs claimed in the writ petition, including
placement in the pay band of Rs. 37,400-67,000/- and re-designation as
Associate Professors under Clause 6.1.10 of Exhibit P1 G.O.(P) No.
389/2010/H. Edn dated 07.12.2010. It is stated that the Accountant
General, during the 2011-12 audit of IHRD, objected to the grant of
Selection Grade under the Career Advancement Scheme (CAS) to certain
faculty in violation of AICTE norms. In response, the Government issued
Ext. R1(e), G.O.(Rt) No. 133/2022/H.Edn dated 24.01.2022, constituting a
Committee to verify pay fixation of faculty under the AICTE/UGC
scheme. Accordingly, a centralised cell was constituted in the IHRD
Headquarters to verify the fixation, and the committee constituted for
the purpose has verified all the pay fixation of the petitioners in
accordance with the entries in the Service Book. The committee has
fixed their pay, and the pay fixation statement has been sent to the
concerned faculty members, including the petitioners. The centralised
verification cell found that petitioners 1, 2, 5, 6, 7, 9, and 11 in WPC
No.37813/2018 were erroneously sanctioned annual increments without
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W.P(C). 37813/2018 and conn. cases 30
completing six months in the existing pay scale at the time of fixation.
The Government Committee has suggested recovering the excess salary
disbursed to them, and an order was issued in this regard by IHRD.
Additionally, petitioners 13 and 14 were granted increments after
reaching the maximum of Rs. 39,100 in the Rs. 15,600-39,100 pay band,
contrary to AICTE norms. Consequently, excess payments were directed
to be recovered.
11. The Government relies on Exhibit R1(f) G.O.(Ms.) No.
46/2014/H.Edn dated 29.01.2014, which provides that on placement to a
higher academic grade, pay fixation must be with effect from the date of
promotion or from the next increment date, subject to the faculty
exercising a formal option. As per Clause 11 of Appendix II of G.O.(P) No.
389/2010/H. Edn, this option must be exercised within three months and
recorded in the Service Book, ie, petitioners are entitled to exercise their
option within three months from the clarification order dated
29.01.2014. The petitioners, instead of exercising the option within the
stipulated time, have submitted Exhibits P48 to P54 representations only
in 2023, well after the deadline and after initiation of the verification and
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W.P(C). 37813/2018 and conn. cases 31
recovery proceedings. The Government contends that these belated
submissions cannot be treated as valid options under the applicable
rules. It is further stated that the Government has constituted a
Screening-cum-Evaluation Committee and Selection Committee for the
implementation of the Career Advancement Scheme under Ext. R1(g)
Government Order-G.O.(Rt) No. 12/2022/H. Edn dated 03.01.2022. The
petitioners have submitted applications before this Committee, and their
cases will be considered in accordance with the Committee's
recommendations.
12. Thereafter, the following interim order was passed on
12.12.2024:-
"Heard in part.
2. The counter affidavit filed by the Government dated 25.11.2024 reads
as follows: "7. The Government by G.O (Rt) No.12/2022/H. Edn dated
03.01.2022 has constituted a Screening cum Evaluation Committee and
Selection Committee for the implementation of Career Advancement
Scheme to the faculty members working in the Engineering Colleges
under IHRD. True copy of the G.O. (Rt) No.12/2022/H.Edn dated
03.01.2022 is produced herewith and marked as Exhibit R1(g). The
petitioners have submitted their proposals in the prescribed format to
the above Committee and further action in this regard will be taken on
2025:KER:72140
the basis of the recommendation of the above Committee."
3. There will be a direction to the first respondent to file an affidavit as
to the steps taken pursuant to the formation of the Screening cum
Evaluation Committee and Selection Committee for the W.P.(C) No.37813
of 2018 2 implementation of Career Advancement Scheme to the faculty
members working in the Engineering Colleges under IHRD constituted
on the basis of G.O.(Rt).No.12/2022/HEDN dated 03.01.2022 and G.O. (Rt)
No.133/2022/HEDN dated 24.01.2022. The affidavit shall contain the
steps taken by the Committee from its inception till now. The affidavit
shall be filed without fail within three weeks from today.
Post for further orders on 10.01.2025.."
13. Pursuant to directions of this Court on 12.12.2024, the 1st
respondent, Deputy Director, Higher Education, filed an affidavit
detailing the steps taken for implementing the Career Advancement
Scheme (CAS) in IHRD. It is submitted that as the Screening-cum-
Evaluation Committee and Selection Committee for CAS implementation
in Engineering Colleges under IHRD constituted under R1(g) Government
Order, IHRD vide Order No. EA3/13935/2015/HRD dated 04.04.2023 had
invited applications from the eligible faculty for placements under the
Career Advancement Scheme. The proposals received have been
submitted before the Screening-cum Evaluation and Selection
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W.P(C). 37813/2018 and conn. cases 33
Committee convened on 07.05.2024 and 10.05.2024, respectively. The
above committee has scrutinised the proposals, and a consolidated
report has been submitted to the Director, IHRD, which has been placed
before the 108th meeting of the executive committee of IHRD held on
13.08.2024. The executive committee, after detailed discussion, has
approved the minutes of the above committee and resolved to forward
the minutes along with a detailed financial commitment report to the
Government for formal sanction. IHRD vide letter No.
EA3/13935/2015/HRD dated 27.09.2024 has forwarded the proposal to
the government for sanction.
13.1. As per the proposal, the additional financial burden for
implementing CAS without arrears is Rs. 45.23 lakhs per month, totalling
Rs. 5,42,76,000/- annually. However, due to the present financial
constraints of IHRD, which relies on limited grants-in-aid from the State
Government, the Government has decided to defer implementation of
CAS until the financial position of IHRD improves.
13.2. It is further stated that the Government has already
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released the full budgeted grant of Rs. 15.26 crores under the salary head
(2203-00-112-60-31), an additional Rs. 5 crores under the same head, and
Rs. 20 crores as a loan under the head 6202-02-105-98 during FY 2024-25.
Even so, the Government submits that it cannot shoulder the full
financial responsibility of autonomous institutions like IHRD. Hence, the
CAS proposal has been put on hold for the time being.
14. Again, the following interim order was passed on 21.01.2025:
"The learned Standing Counsel for the IHRD is granted ten days' time to
intimate this Court as to the steps proposed to be taken by them
pursuant to the affidavit filed by the Government on 09.01.2025, as
directed by this Court on 12.12.2024. The affidavit, as directed above,
shall be filed within ten days from today. Post on 03.02.2025."
15. Apart from what is stated in the above affidavits, the
affidavit filed pursuant to the direction of this Court on 21.01.2025, by
the 3rd respondent, IHRD, stated that as per Letter No. 11/342/2024-
H.EDN, dated 20.11.2024, the government has informed that the proposal
for implementing the Career Advancement Scheme in IHRD is deferred
for better times. It is also submitted that without obtaining sanction and
financial assistance from the Government, the Career Advancement
2025:KER:72140
Scheme cannot be implemented in IHRD. It is also submitted that IHRD
has already initiated various steps to generate additional income, such as
diversification of institutions, like starting new law colleges and nursing
colleges, and conducting co-oriented courses, projects, and other short-
term courses to generate income. Realising the importance of CAS, IHRD
submitted a review request to the Higher Education Minister of Kerala &
the Ex officio Chairman, Executive Committee of IHRD for considering
the implementation of CAS to faculty members of the AICTE Scheme in
the Engineering colleges of IHRD.
16. This Court again passed the following interim order on
12.03.2025:
"The learned Government Pleader submits that instructions have been
sought on the request made by the IHRD dated 03.01.2025 before the
Chairperson, Executive Committee of IHRD. A statement shall be filed
indicating the timeline for those who were found successful by the
Screening cum Evaluation Committee and the Selection Committee for
implementation of the Career Advancement Scheme under the
UGC/AICTE schemes, as regards the faculty members working in the
Engineering Colleges under IHRD. The statement shall also include the
timeline for paying the consequential monetary benefits due to such
faculties. Post on 03.04.2025."
2025:KER:72140
17. Pursuant to the direction issued by this Court on 12.03.2025
to indicate a timeline for the implementation of the Career Advancement
Scheme, the 1st respondent submitted that the government is unable to
commit to a timeline for the implementation of the Career Advancement
Scheme in IHRD, based on the material available before the government
at present.
18. Finally, the following interim order was passed on
21.05.2025:-
"It is submitted that there is a change in the Vakalath of the Standing
Counsel for IHRD. Adv. M. Rajagopalan Nair appears for the IHRD. There
will be a direction to the IHRD to file an affidavit indicating its stand on
the affidavit filed by the State on 10.04.2025. The affidavit shall be filed
by the next posting date."
19. Pursuant to the direction issued by this court on 21.05.2025,
the 3rd respondent, IHRD, reiterates that the government has clarified
that they cannot undertake financial responsibility for any autonomous
institution like IHRD and thereby the Career Advancement Scheme in
IHRD is deferred and to better the situation it is putting earnest efforts
to attain financial stability through introduction of diversified academic
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programs, short term courses etc.
20. The following faculties in W.P.(C) No.37813 of 2018 are found
to be eligible to get the benefits of placement in the higher pay band of
Rs. 37,400-67,000 with re-designation as Associate Professors in
accordance with clause 6.1.10 of Ext. P1 under the AICTE Scheme, namely
petitioners 3, 4, 8, 10, and 12; while petitioners 1, 2, 5, 6, 7, 9, 11, 13, and
14 in the same writ petition are ineligible to get the said benefit, as
evident from Ext. P38 order, which has also ordered the recovery of
excess pay:
Sl.No W.P.(C) Petitioner(s) Ext. P37 / Eligibility Remarks
. No. P38 Finding /
Objection
Fixation in order, no
1 37813/2018 Petitioner 3 - Leena T. Ext. P37 Eligible objection
Timothy
Fixation in order, no
2 37813/2018 Petitioner 4 - Aparna Ext. P37 Eligible objection
Devi P.S.
Fixation in order, no
3 37813/2018 Petitioner 8 - Jayasree Ext. P37 Eligible objection
K.
Fixation in order, no
4 37813/2018 Petitioner 10 - Joshy Ext. P37 Eligible objection
Joseph
Fixation in order, no
5 37813/2018 Petitioner 12 - Manu M. Ext. P37 Eligible objection
John
Wrongly granted
6 37813/2018 Petitioner 13 - Sindhu L. Ext. P38 Ineligible stagnation increment
against the prevailing
AICTE Regulations
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Wrongly granted
7 37813/2018 Petiti oner 14 - Sreeja P. Ext. P38 Ineligible stagnation increment
against the prevailing
AICTE Regulations
Sanctioned annual
8 37813/2018 Petitioners 1, 2, 5, 6, 7, 9, Ext. P38 Ineligible increments erroneously
11 (Rashid M.E., Sajitha S., without completing 6
Anjana Devi S., Raji A., months in the existing
Joseph George K.N., Renu pay at the time of
George, Shine P. James) fixation; recovery
ordered.
21. On a consideration of the pleadings, the scrutiny report, and
the earlier binding judgments, it is clear that the petitioners who stand
included in Ext.P37 proceedings (petitioners 3, 4, 8, 10 and 12 in W.P.(C)
37813/2018) have been found eligible with no objection regarding their
fixation, and their entitlement to placement in the higher pay band and
re-designation under the AICTE Scheme is upheld. Taking note of the
fact that the said committee constituted by the Government as per Ext.
R1(e) government order dated 24.01.2022 comprising of the Vice
Chancellor, APJ Abdul Kalam Technological University or Nominee
(Chairman), The Director of Technical Education or Nominee (Member,
The Director of Collegiate Education or Nominee (Member), The
Additional Secretary, Higher Education Department (Member) and the
Administrative Officer, IHRD (Convenor) had gone into the issue of
eligibility of the petiitoners and the same having been found in their
2025:KER:72140
W.P(C). 37813/2018 and conn. cases 39
favour and which stands accepted by government and IHRD, there is no
reason for not implementing the same.
22. Accordingly, as far as the petitioners 3, 4, 8, 10, and 12 in WPC
No. 37813/2018 are concerned, there shall be a direction to the
competent among the respondents to grant the eligible benefits within
an outer limit of six months from the receipt of a copy of this judgment.
23. With respect to petitioners 13 and 14 in W.P.(C) No.37813 of
2018, who were found to be ineligible on account of the grant of
stagnation increments contrary to the AICTE Regulations, and
petitioners 1, 2, 5, 6, 7, 9 and 11 in the same writ petition, who were held
ineligible due to erroneous sanction of annual increments without
completing six months in the existing pay, the said petitioners may
submit a representation which will be considered by the competent
among the respondents and appropriate orders will be passed on their
claims for pay fixation, placement in higher pay band, and the applicable
AICTE/UGC Regulations, within a period of six months from the date of
receipt of such representations.
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W.P(C). 37813/2018 and conn. cases 40
24. With respect to the petitioners in W.P.(C) Nos. 5258 of 2022 and
5261 of 2022, since their claims have not been considered so far on
account of the interim orders, there shall be a direction to the
respondents to place their issue of pay fixation before the Committee for
scrutiny, and the Committee shall consider the same afresh, after issuing
notice to them and the affected parties, and take an appropriate decision
within a period of six months.
The writ petitions are disposed of as above.
Sd/- MOHAMMED NIAS C.P.
JUDGE
okb/
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W.P(C). 37813/2018 and conn. cases 41
APPENDIX OF WP(C) 37813/2018
RESPONDENT EXHIBITS
Exhibit R-2(b) True copy of the Government letter
No.J1/145/2016/HEDN dated 26/11/2021.
Exhibit R-2(c) True copy of the Extracts of the minutes of
104thExecutive Committee of IHRD held on
30.11.2021.
Exhibit R-2(d) True copy of the order dated 24/01/2022.
PETITIONER EXHIBITS
Exhibit P37 TRUE COPY OF THE PROCEEDINGS VIDE
NO.EA3/11649/2013/HRD(1) DATED 31-1-2023
ISSUED BY THE 3RD RESPONDENT
Exhibit P38 TRUE COPY OF THE PROCEEDINGS
NO.EA3/11649/2013/HRD(2) DATED 31-1-2023 OF
THE 3RD RESPONDENT
Exhibit P39 TRUE COPY OF THE PAY-REGULATION STATEMENT
ISSUED BY THE IHRD PURSUANT TO EXT. P37 AND
P38
Exhibit P40 TRUE COPY OF THE PAY-REGULATION STATEMENT
ISSUED BY THE IHRD PURSUANT TO EXT. P37 AND
P38 TO THE 2ND PETITIONER
Exhibit P41 TRUE COPY OF THE PAY-REGULATION STATEMENT
ISSUED BY THE IHRD PURSUANT TO EXT. P37 AND
P38 TO THE 5TH PETITIONER
Exhibit P42 TRUE COPY OF THE PAY-REGULATION STATEMENT
ISSUED BY THE IHRD PURSUANT TO EXT. P37 AND
P38 TO THE 6TH PETITIONER
Exhibit P43 TRUE COPY OF THE PAY-REGULATION STATEMENT
ISSUED BY THE IHRD PURSUANT TO EXT. P37 AND
P38 TO THE 7TH PETITIONER
Exhibit P44 TRUE COPY OF THE PAY-REGULATION STATEMENT
ISSUED BY THE IHRD PURSUANT TO EXT. P37 AND
P38 TO THE 9TH PETITIONER
Exhibit P45 TRUE COPY OF THE PAY-REGULATION STATEMENT
ISSUED BY THE IHRD PURSUANT TO EXT. P37 AND
P38 TO THE 11TH PETITIONER
Exhibit P46 TRUE COPY OF THE PAY-REGULATION STATEMENT
ISSUED BY THE IHRD PURSUANT TO EXT. P37 AND
P38 TO THE 13TH PETITIONER
Exhibit P47 TRUE COPY OF THE PAY-REGULATION STATEMENT
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W.P(C). 37813/2018 and conn. cases 42
ISSUED BY THE IHRD PURSUANT TO EXT. P37 AND
P38 TO THE 14TH PETITIONER
Exhibit P48 TRUE COPY OF THE OBJECTION DATED 15.2.2023
SUBMITTED BY 1ST PETITIONER BEFORE THE 3RD
RESPONDENT
Exhibit P49 TRUE COPY OF THE OBJECTION DATED 20.2.2023
SUBMITTED BY 2ND PETITIONER BEFORE THE 3RD
RESPONDENT
Exhibit P50 TRUE COPY OF THE OBJECTION DATED 20.2.2023
SUBMITTED BY 5TH PETITIONER BEFORE THE 3RD
RESPONDENT
Exhibit P51 TRUE COPY OF THE OBJECTION DATED 20.2.2023
SUBMITTED BY 6TH PETITIONER BEFORE THE 3RD
RESPONDENT
Exhibit P52 TRUE COPY OF THE OBJECTION DATED 20.2.2023
SUBMITTED BY 7TH PETITIONER BEFORE THE 3RD
RESPONDENT
Exhibit P53 TRUE COPY OF THE OBJECTION DATED 22.2.2023
SUBMITTED BY 9TH PETITIONER BEFORE THE 3RD
RESPONDENT
Exhibit P54 TRUE COPY OF THE OBJECTION DATED 1.3.2023
SUBMITTED BY 11TH PETITIONER BEFORE THE 3RD
RESPONDENT
Exhibit P55 TRUE COPY OF THE OBJECTION DATED 17.2.2023
SUBMITTED BY 13TH PETITIONER BEFORE THE 3RD
RESPONDENT
Exhibit P56 TRUE COPY OF THE OBJECTION DATED 23.2.2023
SUBMITTED BY 14TH PETITIONER BEFORE THE 3RD
RESPONDENT
RESPONDENT EXHIBITS
Exhibit R1(e) TRUE COPY OF THE GO(Rt)No.133/2022/HEDN
DATED 24.01.2022.
Exhibit R1(f) TRUE COPY OF THE GO(Ms)No.46/2014/HEDN
DATED 29.01.2014
Exhibit R2(e) True copy of the letter dated 03/01/2025
submitted to the Hon. Higher Education
Minister of Kerala and the Ex- Officio
Chairman, Executive Committee
PETITIONER EXHIBITS
EXHIBIT P26 COPY OF THE REPRESENTATION DATED 17.11.2017
FILED BY THE 9TH PETITIONER BEFORE THE 2ND
RESPONDENT.
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W.P(C). 37813/2018 and conn. cases 43
EXHIBIT P27 COPY OF THE REPRESENTATION DATED 25.8.2017
FILED BY THE 10TH PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P28 COPY OF THE REPRESENTATION DATED 8.2.2018
FILED BY THE 11TH PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P29 COPY OF THE REPRESENTATION DATED 19.9.2017
FILED BY THE 12TH PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P30 COPY OF THE REPRESENTATION DATED 10.11.2017
FILED BY THE 13TH PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P2 COPY OF THE PROCEEDINGS
NO.EA3/3710/2011/HRD DATED 18.3.2011 OF THE
2ND RESPONDENT
EXHIBIT P32 COPY OF THE REPRESENTATION DATED 10.4.2018
IN W.P.(C)NO.12542/2018 OF THIS HON'BLE
COURT.
EXHIBIT R3(A): TRUE COPY OF THE GOVERNMENT ORDER DATED
10/01/2014
EXHIBIT P34 TRUE COPY OF THE G.O(RT) NO.1404/2020/HEDN
DATED 10/11/2020 ISSUED BY THE GOVERNMENT
EXHIBIT P35 TRUE COPY OF THE COMMUNICATION NO.FIN
B2/8183/2020/HRD DATED 17/11/2020 ALONG
WITH TYPED COPY
EXHIBIT P31 COPY OF THE REPRESENTATION DATED 23.9.2017
FILED BY THE 14TH PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P3 COPY OF THE ORDER
NO.EA3/2913/2010/HRD(2)DATED 04.09.2010
PASSED BY THE 2ND RESPONDENT
EXHIBIT P4 COPY OF ORDER DATED 3.11.2010 VIDE
NO.EA3/2913/2010/HRD(3)ISSUED BY THE 2ND
RESPONDENT TO THE 2ND PETITIONER.
EXHIBIT P5 COPY OF ORDER//STATEMENT OF FIXATION OF PAY
IN RESPECT OF 3RD PETITIONER DATED
28.3.2011 VIDE NO.A3/666/2001/MEC ISSUED BY
THE 2ND RESPONDENT
EXHIBIT P6 COPY OF ORDER/STATEMENT OF FIXATION OF PAY
IN RESPECT OF 4TH PETITIONER DATED
27.3.2010 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P7 COPY OF ORDER DATED 29.3.2010 VIDE
NO.EA3/2913/2010/HRD ISSUED BY THE 2ND
RESPONDENT
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W.P(C). 37813/2018 and conn. cases 44
EXHIBIT P8 COPY OF ORDER DATED 23.4.2010 VIDE
NO.EA3/2913/2010/HRD(1)ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P12 COPY OF ORDER DATED 15.3.2011 VIDE
NO.EA3/2913/2010/HRD(2)ISSUED BY THE 2ND
RESONDENT.
EXHIBIT P1 COPY OF GO(P)NO.389/10/H.EDN.DATED
7.12.2010 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P23 COPY OF THE REPRESENTATION DATED 9.10.2017
FILED BY THE 6TH PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P33 COPY OF THE ORDER NO.EA3/4807/2018/HRD
DATED 10.8.2018 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONERS.
EXHIBIT P9 COPY OF ORDER/STATEMENT OF FIXATION OF PAY
IN RESPECT OF 7TH PETITIONER DATED
25.10.2010 VIDE
NO.EA3/2913/2010/HRD(1)ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P10 COPY OF ORDER/STATEMENT OF FIXATION PAY IN
RESPECT OF THE 8TH PETITIONER DATED
27.3.2010 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P11 COPY OF ORDER DATED 4.09.2010 VIDE
NO.EA3/2913/2010/HRD(1)ISSUED BY THE 2ND
RESONDENT.
EXHIBIT P13 COPY OF ORDER DATED 23.4.2010 VIDE
NO.EA3/2913/2010/HRD(2)ISSUED BY THE 2ND
RESONDENT.
EXHIBIT P14 COPY OF ORDER DATED 27.12.2010 VIDE
NO.EA3/2913/2010/HRD(1)ISSUED BY THE 2ND
RESONDENT.
EXHIBIT P15 COPY OF ORDER DATED 03.11.2010 VIDE
NO.EA3/2913/2010/HRD(1)ISSUED BY THE 2ND
RESONDENT.
EXHIBIT P16 COPY OF ORDER DATED 18.3.2011 VIDE
NO.EA3/2913/2010/HRD(2)ISSUED BY THE 2ND
RESONDENT.
EXHIBIT P17 COPY OF THE STATEMENT OF FIXATION OF PAY OF
MR.PRAKAS.N AS PER GO(P)NO.389/2010/H.EDN
DATED 7.12.2010
EXHIBIT P18 COPY OF THE REPRESENTATION DATED 14.11.2017
FILED BY THE 1ST PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P19 COPY OF THE REPRESENTATION DATED 16.11.2017
2025:KER:72140
W.P(C). 37813/2018 and conn. cases 45
FILED BY THE 2ND PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P20 COPY OF THE REPRESENTATION DATED 25.8.2017
FILED BY THE 3RD PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P21 COPY OF THE REPRESENTATION FILED BY THE 4TH
PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P22 COPY OF THE REPRESENTATION DATED 18.7.2017
FILED BY THE 5TH PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P24 COPY OF THE REPRESENTATION DATED 4.11.2017
FILED BY THE 7TH PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P25 COPY OF THE REPRESENTATION DATED 15.11.2017
FILED BY THE 8TH PETITIONER BEFORE THE 2ND
RESPONDENT.
2025:KER:72140
W.P(C). 37813/2018 and conn. cases 46
APPENDIX OF WP(C) 5258/2022
PETITIONER COURT EXHIBITS
Court Exhibit P1 TRUE COPY OF THE NOTIFICATION VIDE
NO.E2/6596/2005/HRD DATED 11.07.2005 OF THE
2ND RESPONDENT ALONG WITH TYPED COPY.
Court Exhibit P2 TRUE COPY OF THE STATEMENT CONTAINING THE
SERVICE DETAILS OF THE PETITIONERS.
Court Exhibit P3 TRUE COPY OF THE ORDER NO.E2/9155/2004/HRD
DATED 12.09.2007 PUBLISHED BY THE 2ND
RESPONDENT.
Court Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 08.07.2009
IN WPC NO.30121 OF 2007 OF THIS HON'BLE
COURT.
Court Exhibit P5 TRUE COPY OF THE GOVERNMENT ORDER VIDE
NO.EA4/16025/2011/HRD DATED 14.01.2015 OF
THE 2ND RESPONDENT.
Court Exhibit P6 TRUE COPY OF THE ORDER VIDE
NO.EA4/16025/2011/HRD DATED 14.01.2015 OF
THE 2ND RESPONDENT.
Court Exhibit P7 TRUE COPY OF THE SPECIAL RULES OF INSTITUTE
OF HUMAN RESOURCES DEVELOPMENT IMPLEMENTED
AS PER EXT.P5 AND EXT.P6.
Court Exhibit P8 TRUE COPY OF THE LETTER NO.J1/145/2016/HEDN
DATED 26.11.2021 ISSUED BY THE GOVERNMENT
TO THE 3RD RESPONDENT.
Court Exhibit P9 TRUE COPY OF THE CIRCULAR
NO.EA2/11649/2013/HRD(2) DATED 03.01.2022
OF THE 2ND RESPONDENT.
Court Exhibit P10 TRUE COPY OF THE GOVERNMENT ORDER GO(RT)
NO.133/2022/HEDN DATED 24.01.2022
RESPONDENT EXHIBITS
EXHIBIT R-2 (A) TRUE COPY OF THE RELEVANT PAGES OF THE
PROCEEDINGS ALONG WITH THE DETAILS OF
QUALIFICATION .
EXHIBITR-2(C) TRUE COPY OF THE LETTER DATED 17/02/2016
FORWARDED TO THE GOVERNMENT
EXHIBIT R-2(D) TRUE COPY OF THE GOVERNMENT LETTER NO.
J1/145/2016HEDN DATED 9/9/2016
EXHIBIT R-2(E) TRUE COPY OF THE EXTRACTS OF THE MINUTES OF
104THEXECUTIVE COMMITTEE OF IHRD HELD ON
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W.P(C). 37813/2018 and conn. cases 47
30.11.2021RESPONDENT.
EXHIBIT R-2(B) TRUE COPY OF THE COMMUNICATION DATED
25/10/2012 ISSUED FROM THE OFFICE OF
PRINCIPAL ACCOUNTANT GENERAL CALLING FOR
THE REPORT ON THE LOCAL AUDIT OF ACCOUNTS
OF THE IHRD FOR THE YEAR 2011-2012 .
PETITIONER EXHIBITS
Exhibit P11 TRUE COPY OF THE LETTER NO.B4/2994/2020
DATED 26.2.2020 OF THE DEPUTY DIRECTOR OF
EDUCATION, PALAKKAD TO THE MANAGER /
PRINCIPAL/HM OF SMHSS, PAZHAMPALAKODE
(ALONG TYPED COPY)
Exhibit P12 TRUE COPY OF THE CIRCULAR
NO.EX.IX2/1972/DGE/2021 DATED 23.3.2021 OF
THE DIRECTOR OF GENERAL EDUCATION (HIGHER
SECONDARY WING.)
Exhibit P13 TRUE COPY OF THE ORDER NO.EXAM-1(2) /
915 /HSE/2021 DATED 1.3.2021
Exhibit P14 TRUE COPY OF THE CIRCULAR NO.EX.3III
(ACCTS)/(3) CB 1964/HSE/2021 DATED 1.3.2021
OF THE JOINT DIRECTOR OF HIGHER SECONDARY.
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W.P(C). 37813/2018 and conn. cases 48
APPENDIX OF WP(C) 5261/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE STATEMENT CONTAINING THE
SERVICE DETAILS OF THE PETITIONERS.
Exhibit P1A TRUE COPY OF THE ORDER NO.EBI-1359/2005/HRD
DATED 01/06/2007 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 12/9/2012
IN WP(C) 9441/2012 OF THIS COURT.
Exhibit P3 TRUE COPY OF THE APPEAL MEMORANDUM DATED
17/02/2013 IN W.A.469/2013 AGAINST WP(C)
NO.9441/2012 FILED BY THE IHRD BEFORE THIS
COURT.
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 02/07/2013
IN WA NO.469/2013 OF THIS COURT.
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 04/08/2016
IN CONTEMPT CASE NO.145/2014 OF THIS
COURT.
Exhibit P6 TRUE COPY OF THE GOVERNMENT ORDER GO(MS)
NO.692/14/H.EDN. DATED 20/08/2014 ALONG
WITH TYPED COPY.
Exhibit P7 TRUE COPY OF THE ORDER VICE
NO.EA4/160125/2011/HRD DATED 14/01/2015 OF
THE 2ND RESPONDENT ALONG WITH THE REVISED
SPECIAL RULES.
Exhibit P8 TRUE COPY OF THE LETTER NO.JI/145/2016/HEDN
DATED 26/11/2021 ISSUED BY THE GOVERNMENT
TO THE 3RD RESPONDENT.
Exhibit P9 TRUE COPY OF THE CIRCULAR
NO.EA2/11649/2013/HRD(2) DATED 03/01/2022
OF THE 2ND RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT R-2 (A) TRUE COPY OF THE RELEVANT PAGES OF THE
PROCEEDINGS ALONG WITH THE DETAILS OF
QUALIFICATION
PETITIONER EXHIBITS
EXHIBIT P10 TRUE COPY OF THE GOVERNMENT ORDER GO(RT)
NO.133/2022/HEDN DATED 24/01/2022.
RESPONDENT EXHIBITS
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W.P(C). 37813/2018 and conn. cases 49
EXHIBIT R-2(B) TRUE COPY OF THE PROCEEDINGS DATED
21/12/2010.
EXHIBIT R-2(C) TRUE COPY OF THE COMMUNICATION DATED
25/10/2012 ISSUED FROM THE OFFICE OF
PRINCIPAL ACCOUNTANT GENERAL CALLING FOR
THE REPORT ON THE LOCAL AUDIT OF ACCOUNTS
OF THE IHRD FOR THE YEAR 2011 TO 2012 .
EXHIBIT R-2 (D) TRUE COPY OF THE LETTER DATED 17/02/2016
FORWARDED TO THE GOVERNMENT
EXHIBIT R-2(E) TRUE COPY OF THE GOVERNMENT LETTER NO.
J1/145/2016HEDN DATED 09/09/2016.
EXHIBIT R-2(F) TRUE COPY OF THE EXTRACTS OF THE MINUTES OF
104THEXECUTIVE COMMITTEE OF IHRD HELD ON
30.11.2021 RESPONDENT
PETITIONER EXHIBITS
Exhibit P11 TRUE COPY OF THE GOVERNMENT ORDER
GO(MS).NO.386/2020/HEDN DATED 04.11.2020
Exhibit P12 TRUE COPY OF THE CONSEQUENTIAL ORDER
NO.EA4/4716/2019/HRD(2) DATED 11.11.2020
ISSUED BY THE IHRD
Exhibit P13 TRUE COPY OF THE GOVERNMENT ORDER GO(RT)
NO.1349/2024/HEDN DATED 28.10.2024
Exhibit P14 TRUE COPY OF THE LETTER NO.IHRD/116/2023-
EA3 DATED 23.09.2024 FORWARDED BY THE
DIRECTOR OF IHRD
Exhibit P15 TRUE COPY OF THE LETTER
NO.EA3/11649/2013/HRD DATED 25.01.2025
ISSUED BY THE 2ND RESPONDENT.
