Dismissed

Dr.T.K.Balachandran v. Secretary to Government

Kerala HC16 Aug 2016WP(C)/17409/2008

Case brief

AI extract

What is this about?

A retired principal approached the High Court seeking advance increments for acquiring a Ph.D. degree obtained in 1980. The Court held that since the petitioner had already retired from service, he was not entitled to the benefits which are admissible only as increments in service, following a judicial precedent dated 2006.

What did the court decide?

None. The request for grant of advance increments was rejected as the petitioner had retired from service.

Dr.T.K.Balachandran Vs Secretary to Government — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 16TH DAY OF AUGUST 2016/25TH SRAVANA, 1938

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WP(C).No. 17409 of 2008 (V)

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PETITIONER(S):

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DR. T.K. BALACHANDRAN, PRINCIPAL

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(RETIRED FROM S.N. COLLEGE, CHERTHALA), RESIDING AT VIJAYA, DANAPADY, ALAPPUZHA DISTRICT.

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BY ADVS.SRI.M.V.THAMBAN SRI.V.K.SATHYANATHAN

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RESPONDENT(S):

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1. THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM.

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3. THE DEPUTY DIRECTOR OF COLLEGIATE, EDUCATION, ERNAKULAM.

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4. THE PRINCIPAL, SREE NARAYANA COLLEGE,

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CHERTHALA.

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5. UNIVERSITY GRANT COMMISSION, REPRESENTED BY THE SECRETARY BAHADUR SHAH, ZAFAR MARG, NEW DELHI - 110 002.

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R1-R3 BY GOVERNMENT PLEADER SRI.T.R.RAJESH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 17409 of 2008 (V)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF RELEVANT PORTION OF GOVT. ORDER G.O.(P) 171/99/H.EDN. DTD.21.12.1999.

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EXHIBIT P2 TRUE COPY OF G.O.(P) 44/2001/H.EDN. DTD.29.3.2001. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DTD.12.11.2007 BY THE PETITIONER.

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EXHIBIT P4 TRUE COPY OF THE LETTER NO.A3/1194/08 DTD.3.4.2008 BY THE 3RD RESPONDENT.

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EXHIBIT P5 TRUE COPY OF THE JUDGMENT DTD.25.8.2003 IN WP(C) 23870/2003.

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EXHIBIT P6 TRUE COPY OF LETTER NO.F1/UGC/7192/03 DTD.31.1.2005. EXHIBIT P7 TRUE COPY OF THE JUDGMENT DTD. 20.6.2003 IN OP.NO.32727/2001.

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EXHIBIT P8 TRUE COPY OF THE GOVERNMENT LETTER NO.29656/C3/2003/H.EDN. DTD.23.11.2004.

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EXHIBIT P9 TRUE COPY OF THE JUDGMENT DTD.31.7.2006 IN WA.NO.1444/2005.

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EXHIBIT P10 TRUE COPY OF THE GO(MS) NO.48/2006/HEDN. DTD.13.11.2006.

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RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

P.V.ASHA, J.

W.P(C) No.17409 of 2008-V

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Dated this the 16^th day of August, 2016

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JUDGMENT

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Petitioner retired from service on 31.03.1997 while working as Principal, S.N College, Kollam on 31.3.1997. His grievance is that his request for advance increments is rejected, though he had acquired Ph.D in the year 1980 while he was in service. The Deputy Director of Collegiate Education, by Ext.P4, rejected Ext.P3 representation of the petitioner on the ground that the petitioner retired from service on 31.3.1997 and the benefit of advance increment was admissible only w.e.f 27.7.1998.

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When Government introduced and implemented revised UGC Scheme, 1998 as per Ext.P1 order - G.O(P) No.171/99/G.Edn. dated 21.12.1999, incentives were provided for Ph.D holders/M.Phil holders as per clause 6.16 to 6.19 of the Government Order. As per clause 6.18, a Lecturer with Ph.D will

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W.P(C) No.17409 of 2008-V 2

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be eligible for 2 advance increments when he moves into selection grade//Reader. 6.19 provides that a teacher will be eligible for 2 advance increments as and when she acquires Ph.D in his service career. In the case of the petitioner he requested for advance increments as per Ext.P3 representation dated 12.11.2007, addressed to the Principal, S.N College, Kollam. The Deputy Director of Collegiate Education rejected the representation as per Ext.P4 letter dated 3.4.2008 informing that though the teachers who acquired Ph.D Degree before 1.1.1996 also have been granted the benefit of 2 advance increments, the said benefit was granted only w.e.f 27.7.1998. Hence the petitioner who had already retired from service on 31.3.1997, was not eligible for the same.

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The petitioner relies on Ext.P2 Government Order issued on 29.03.2001 in which the Government clarified in paragraph 2(5) that the date of effect of the benefit of advance increments would be from 1.1.1996. It was also clarified that those who acquired/will acquire Ph.D on or after 1.1.1996 will become eligible for advance increment from the date of award of Ph.D. Therefore, the petitioner claims that the benefits of

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W.P(C) No.17409 of 2008-V 3

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advance increments are admissible to the petitioner in accordance with the clarification issued by the Government in Ext.P2.

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Heard the learned counsel for the petitioner as well as the learned Government Pleader.

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Ext.P1 order revising the UGC Scheme on 21.12.1999 was issued in tune with the Government of India's order implementing revised UGC Scheme 1998, which provided, inter alia, for revision of pay, incentives for Ph.D holders, etc. Although the Government issued an order on 29.3.2001, clarifying that the benefit of advance increments will be admissible with effect from 1.1.1996, it is seen that the issue relating to grant of advance increments was a subject matter for consideration in a batch of Writ Appeals which were disposed of as per Ext.P9 judgment dated 31.7.2006. The appeals were filed

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by the UGC on the ground that the Government of India, Ministry of Human Resources Development, Department of Education issued orders only on 27.7.1998 to grant advance increments. This Court after hearing all these Writ Appeals held that the benefit of advance increments for Ph.D/M.Phil holders

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W.P(C) No.17409 of 2008-V 4

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would be admissible only from 27.07.1998. In this view of the matter, rejection of the representation of the petitioner by the Deputy Director of Collegiate Education as per Ext.P4 letter, cannot be said to be illegal.

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The learned Counsel for the petitioner submits that it is only the actual grant of benefit which is postponed and eligibility is with effect from 1.1.1996, as provided in Ext.P2 order and therefore, the petitioner is entitled to be granted the benefit of advance increment from 01.01.1996 with actual monetary benefits from 28.08.1997. It is quite unfortunate that the petitioner who acquired Ph.D in the year 1980 is not getting the benefit of advance increments, while others who acquired Ph.D subsequent to him, could enjoy the same. But increments are admissible only to those who are in service. The petitioner has already retired from service on 31.3.1997. Going by Ext.P9 judgment, rendered subsequent to Ext.P2 Government order, benefits under paragraph 6.16 to 6.19 are to be granted only with effect from 28.08.1997, a date subsequent to retirement of the petitioner. There is no provision for grant of increments to a person who has retired from service and for a period subsequent

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W.P(C) No.17409 of 2008-V 5

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to retirement on superannuation.

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Hence the Writ Petition fails and is accordingly dismissed.

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Sd/- (P.V.ASHA, JUDGE)

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rtr/

Dr.T.K.Balachandran v. Secretary to Government

Case brief

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Dr.T.K.Balachandran v. Secretary to Government

Case brief

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