Allowed

Dr.v.Jayaprakashan v. Kerala Agricultural University

Kerala HC22 Nov 2016WP(C)/23860/2010

Case brief

AI extract

What is this about?

The Court allowed a writ petition for retrospective career advancement promotion as Professor and placement as Associate Professor. The petitioner, directly recruited as Professor much after accruing eligibility under the UGC schemes, was denied promotion based on a Government order. The Court held that direct recruitment after eligibility accrual could not bar the benefit of the 1996 Scheme.

What did the court decide?

Petitioner granted retrospective promotion as Associate Professor with effect from 26.06.1986 and as Professor with effect from 28.02.1997 along with all consequential benefits including pension.

Dr.v.Jayaprakashan Vs Kerala Agricultural… — 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 22ND DAY OF NOVEMBER 2016/1ST AGRAHAYANA, 1938

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WP(C).No. 23860 of 2010 (F)

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PETITIONER(S):

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DR.V. JAYAPRAKASHAN, RETIRED PROFESSOR (MICROBIOLOGY), COLLEGE OF VETERINARY AND ANIMAL SCIENCES, POOKOT, LAKIDI, WAYANAD, RESIDING AT KONNAKKOTTU VADAKKETHIL, PRAYAR, OCHIRA, ALAPPUZHA.

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BY ADV. SRI.P.V.JAYACHANDRAN

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RESPONDENT(S):

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1. KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA,THRISSUR-680 654, REPRESENTED BY ITS REGISTRAR.

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2. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA,THRISSUR-680 654.

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3. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA,THRISSUR-680 654.

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BY ADV. SRI.K.P.MUJEEB, SC.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 23860 of 2010 (F)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1 COPY OF THE ORDER NO.GA/C2/41477/88 DATED 03/03/1989. EXT.P2 COPY OF THE PROCEEDING NO.GA/C2/30434/09 DATED 19/07/2010. EXT.P3 COPY OF THE G.O.(P) NO.40/2002/H.EDN. DATED 30/04/2002. EXT.P4 COPY OF THE PROCEEDING NO.GA/C2/10177/99 DATED 15/10/2005. EXT.P5 COPY OF THE APPLICATION DATED 17/07/2007. EXT.P6 COPY OF THE REPRESENTATION DATED 22/07/2008. EXT.P7 COPY OF THE REPRESENTATION DATED 20/03/2010.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

P.V.ASHA J.

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W.P.(C).No.23860 of 2010

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--------------------------------------------- Dated this the 22^nd day of November, 2016

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J U D G M E N T

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Petitioner filed this writ petition aggrieved by the denial of career advancement promotion to him as Professor in the scale of pay of Rs.3700-5700/- with effect from 26.06.1986.

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Petitioner's claim is that he entered into service as Junior Assistant Professor in the Kerala Agricultural University ('the University' for short) on 26.06.1976. While working in that post, he was directly recruited to the post of Assistant Professor on 3.6.1978. He was granted non-cadre promotion as Associate Professor as per Ext.P1 dated 3.3.1989 in the scale of pay of Rs.1950-2950/- with effect from 26.06.1986. Whileso, UGC scheme was introduced in the University as per G.O.(P). No.179/90/AD dated 25.6.1990, which came into force from 1.1.1986. The petitioner requested for placement as Associate Professor on completion of 10 years of service as Assistant Professor with effect from 26.06.1986 in the scale of pay of Rs.3700-5700/-. At the same time the University placed him as Associate Professor in the UGC scale of Rs.3700-5700/- only with effect from 28.02.1989. Consequent to the UGC pay revision ordered as per G.O.(P).No.171/99/H.Edn. dated

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W.P.(C).No.23860 of 2010

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21.12.1999, with effect from 01.01.1996, Associate Professors having 8 years of service are entitled to career advancement promotion as Professor in the scale of pay of Rs.16400-22400/-, as per clause 6.15.

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In the meanwhile Government issued Ext.P3 order dated 30.04.2002 whereby in clause 2 it was provided that Professors already appointed under direct recruitment would not be eligible for promotion under the career advancement scheme.

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Petitioner claims that as per Ext.P2 order dated 19.7.2010, the University had decided to grant the scale of pay of Rs.3700-5700/- to all the teachers/scientists who were earlier granted promotion as Associate Professor. Therefore he became eligible for placement as Associate Professor in the UGC scale with effect from 26.6.1986. But the University has not implemented it in his case sofar and his placement continues to be from 28.02.1989 only.

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Petitioner acquired Ph.D with effect from 19.12.1987. He was directly recruited as Professor on 2.12.2005. But as per the career advancement scheme he was entitled for placement as Professor on completion of 8 years service as Associate Professor i.e going by the placement given to him at least with effect from 28.2.1997. Petitioner therefore

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W.P.(C).No.23860 of 2010

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claims career advancement promotion as Professor in the scale of pay of Rs.16400-22400/- with effect from 28.02.1997. But it was denied in the light of clause 2 of Ext.P3, which provides that career advancement promotion is not admissible to those Professors who were appointed by direct recruitment, which is unsustainable, in view of clause 6.29 of the revised UGC scheme Ext.P4. His direct recruitment as Professor in the scale of pay of Rs.16400-22400/- with effect from 01.12.2005, on the commencement of the College of Veterinary and Animal Sciences, stood in the way of career advancement promotion from 28.2.2007 on completion of 8 years of service as Associate Professor.

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The petitioner relied on the judgment dated 2.3.2010 of Division Bench of this Court in W.P.(C).No.1594 of 2008, in the case of a Professor in the Department of Veterinary Anatomy, College of Veterinary and Animal Sciences, who was also denied placement as Professor on account of his direct recruitment as Professor on 3.12.2005, in the light of clause 2 of Ext P3 order. He was also denied placement as Associate Professor with effect from 25.6.1986 under the UGC Scheme and he was actually promoted only on 30.2.1989. Seeing that his turn for promotion as Professor under the UGC scheme arose much before the direct

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W.P.(C).No.23860 of 2010

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recruitment, this Court directed the University to consider his claim for career advancement promotion as Professor under the 1996 UGC scheme and also for retrospective promotion as Associate Professor under the 1986 scheme, declaring that clause 2 of Ext.P4 will not stand in the way of claiming career advancement promotion provided his turn arose before appointment as Professor by direct recruitment.

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The case of the petitioner is identical to that of Dr. K.R. Harshan-the petitioner in that Writ Petition. There is no reason to deny the petitioner the benefit of the judgment when this Court found that a subsequent direct recruitment as Professor much after the accrual of eligibility and right for placement under the career advancement scheme cannot stand in the way of placement as Professor as per the 1996 Scheme.

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Petitioner is therefore eligible for the benefit of placement as Associate Professor with effect from 26.6.1986 under the 1986 scheme of UGC and for career advancement promotion as Professor in accordance with Ext.P4-the 1996 Scheme of UGC. As in the case of petitioner in that writ petition, petitioner had also completed 8 years of service as Associate Professor well before the date of his appointment as Professor on 01.12.2005 by direct recruitment. He had

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W.P.(C).No.23860 of 2010

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completed his requisite service as early as on 28.02.1997.

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In the above circumstances, it is declared that the petitioner is entitled to retrospective promotion as Associate Professor under the 1986 scheme with effect from the date of his non cadre promotion viz., 26.6.1986 in the scale of pay of Rs.3700-5700 and further promotion as Professor under Ext.P4 scheme in the scale of pay of Rs.16400-22400/- with effect from the due date not later than 28.2.1997.

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There will be direction to the respondents to consider the case of petitioner for promotion accordingly and to grant him the same along with all consequential benefits, after re-fixation of pay in the respective scale of pay of UGC with effect from the respective dates and thereafter to recompute his pension and pensionary benefits based on that and to disburse all such benefits to him within a period of 'three months' from the date of receipt of copy of the judgment.

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The writ petition is allowed accordingly.

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Sd/-

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P.V.ASHA, JUDGE.

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Dr.v.Jayaprakashan v. Kerala Agricultural University

Case brief

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Dr.v.Jayaprakashan v. Kerala Agricultural University

Case brief

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