Petitioner challenged rejection of his promotion proposal from the University and College. Court held that leave vacancy service counts for placement and set aside the limitation to post-2004 date.
Placement as Senior Scale Lecturer with effect from 28.03.2000 and consequential benefits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA THURSDAY, THE 9TH DAY OF JULY 2015/18TH ASHADHA, 1937 WP(C).No. 19228 of 2013 (C) ---------------------------PETITIONER: ----------DR.BENNO PEREIRA.F.G., LECTURER(SENIOR SCALE), ST.ALBERT'S COLLEGE ERNAKULAM-682018. BY ADVS.SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN RESPONDENTS: -----------1. MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS.P.O, KOTTAYAM-686560 REPRESENTED BY ITS REGISTRAR. 2. THE MANAGER, ST.ALBERT'S COLLEGE, ERNAKULAM-682018. R1 BY ADV. DR.P.LEELAKRISHNAN, SC, M.G.UNIVERSITY R2 BY ADV. SRI.P.GEORGE WILLIAM R1 BY ADV. SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 19228 of 2013 (C)
APPENDIX
PETITIONER(S)' EXHIBITS
P1 TRUE COPY OF THE ORDER APPROVING THE APPOINTMENT OF THE PETITIONER AS LECTURER IN ZOOLOGY DATED 5.8.1997.
P2 TRUE COPY OF THE ORDER DATED 11.12.2002 APPROVING THE APPOINTMENT OF PETITIONER FROM 15.6.2000 TO 14.6.2005 AS LECTURER IN ZOOLOGY.
P3 TRUE COPY OF THE ORDER DATED 21.2.2007 APPROVING THE APPOINTMENT OF THE PETITIONER AS LECTURER FROM 21.2.2004.
P4 TRUE COPY OF THE ORDER NO.ACB V-1-269-2001 DATED 5.5.2001 ISSUED BY THE IST RESPONDENT.
P5 TRUE COPY OF THE ORDER NO.UO.NO.4472/Ac.BV/80a/2011 DATED 12.8.2011 ISSUED BY THE IST RESPONDENT.
P6 TRUE COPY OF THE ORDER NO.Ac.BV4/4421/10 DATED 5.11.2012 ISSUED BY THE IST RESPONDENT.
P7 TRUE COPY OF THE PROCEEDINGS DATED 28.1.2013 ISSUED BY THE 2ND RESPONDENT.
P8 TRUE COPY OF THE PROPOSAL DATED 10.5.2013 OF THE 2ND RESPONDENT.
P9 TRUE COPY OF THE ORDER NO.Ac.BV/1/Defect/13 DATED 29.5.2013 ISSUED BY THE IST RESPONDENT.
P10 TRUE COPY OF THE JUDGMENT DATED 15.09.2006 IN W.A.197/2006 OF THIS HON'BLE COURT.
P11 TRUE COPY OF THE JUDGMENT DATED 14.02.2007 IN WP(C)29926/2006 AND CONNECTED CASES OF THIS HON'BLE COURT.
RESPONDENT(S)' EXHIBITS
EXT.R1(a): TRUE COPY OF THE G.O(Rt) NO.1498/2012/H.Edn. DATED 20.07.12 REGARDING GRANTING OF FIRST PLACEMENT BY COUNTING PREVIOUS SERVICE.
EXT.R1(b): TRUE COPY OF THE CIRCULAR NO.10648/73/13/H.Edn. DATED 31.7.2013 DIRECTING THE UNIVERSITIES TO STRICTLY COMPLY WITH THE ORDERS ISSUED IN THE GOVERNMENT ORDER.
/TRUE COPY/
P.S TO JUDGE
P.V.ASHA, J.
W.P(c) No.19228 of 2013-C
Dated this the 9th day of July, 2015
JUDGMENT
The petitioner is challenging Exts.P5, P6 and P9 orders by which the proposal for promoting him as Lecturer Senior Scale with effect from 28.03.2000 forwarded by the 2nd respondent was rejected by the University-1st respondent. He seeks a declaration for placement as Lecturer Senior Scale with effect from 28.03.2000 in terms of Ext.P4.
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UGC Scheme, 1998 under the Career Advancement Scheme. based on the orders issued by the Government in G.O(P) No.171/99/H.Edn. Dated 21.12.1999. The 1st respondent University issued Ext.P4 letter, providing for the guidelines for placement/promotion of Lecturers in Senior Scale, Selection Grade as well as Reader. From Ext.P4 it can be seen that a Lecturer who has completed 6 years of service and who has participated in one orientation course and one refresher course of approved duration or engaged in other appropriate continuing education programmes of comparable quality as specified by the UGC can be granted placement as Lecturer Senior Scale. For those who are having M.Phil. and Ph.D a relaxation of one year and 2 years respectively are granted. That means, a Lecturer with Ph.D can be placed as Senior Scale Lecturer on completion of 4 years.
W.P(c) No.19228 of 2013-C 3
petitioner as Lecturer Senior Scale only w.e.f 22.02.2004. It is as against this order, to the extent it limited the placement from 22.02.2004 onwards only, that the petitioner has approached this Court.
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W.P(c) No.19228 of 2013-C
No.197 of 2006 and Ext.P11 judgment of this Court in a batch of cases relating to placement of Lecturers under the UGC Scheme, including reckoning of previous services, the learned counsel for the petitioner seeks a direction for the placement of the petitioner in the Senior Scale w.e.f the date on which he was awarded Ph.D degree.
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probation. They also relied on Ext.R1(a) Government Circular No.10648/F3/13/H.Edn. Dated 31.07.2013, by which Government directed the University to strictly implement the Government Order.
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W.P(c) No.19228 of 2013-C
As per these orders it can be seen that, even service rendered in leave vacancies beyond one year duration can be taken for the purpose of placement. The issue considered in Ext.P10 judgment dated 15.09.2006 in W.A.No.197 of 2006 was in respect of counting of broken period of service for the purpose of placement. Referring to paragraph 7 of G.O(P) No.171/99 dated 21.12.1999 and paragraph 7.7 thereof, this Court held that the only restriction imposed as far as the reckoning of previous service is concerned was that appointment was not on a leave vacancy of less than one year duration. In this case the petitioner though commenced his service in a leave vacancy, it culminated in his regular appointment. The orders in implementation of UGC Scheme do not provide that service rendered in a leave vacancy cannot be considered for the purpose of placement as Senior Scale or Selection Grade Lecturer.
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Therefore there will be a declaration that the petitioner is entitled to placement as Senior Scale Lecturer with effect from the date of acquisition of Ph.D degree ie. 28.03.2000, and for all consequential benefits including further placement based on that. The orders shall be passed by the University in terms of the above declaration, within a period of two months from the date of receipt of a copy of this judgment.
This Writ Petition is allowed accordingly.
Sd/- (P.V.ASHA, JUDGE)
rtr/
3 issues framed by the court
Whether leave vacancy service of less than one year can be reckoned for placement in senior scale under UGC Scheme.
Whether Government orders issued in 2012-2013 regarding declaration of probation can affect claim based on 2000 qualification.
Whether petitioner is entitled to placement as Senior Scale Lecturer from date of Ph.D degree.
Colour shows how this judgement treated each authority
W.A. No.197 of 2006Referred¶48
Dr. Benno Pereira F.G.
Mahatma Gandhi University
The Manager, St. Albert's College, Ernakulam
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
