Quashed

Vellora Vadakke Veettil Kamalakshi v. Director of Collegiate Education

Kerala HC3 Oct 2016WP(C)/2442/2009

Case brief

AI extract

What is this about?

The High Court quashed the order denying promotion approval to a retired Lab Assistant with only third-standard education. Ruling that 5 years of regular service under private colleges waived the standard requirement, the Court ordered computation of pension benefits on the promoted scale.

What did the court decide?

Impugned order quashed; fresh orders to be passed; retirement benefits including arrears of pay and revised pensionary benefits to be computed from the date of promotion.

Vellora Vadakke Veettil Kamalakshi Vs… — 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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MONDAY, THE 3RD DAY OF OCTOBER 2016/11TH ASWINA, 1938

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WP(C).No. 2442 of 2009 (N)

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PETITIONER :

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VELLORA VADAKKE VEETTIL KAMALAKSHI, W/O. LATE K.V. CHANDRAN, AGED 55 YEARS, LAD ASSISTANT, PAYYANUR COLLEGE, PAYYANUR, RESIDING AT 'ARJUN', VELLUR AMSOM AND DESOM OF TALIPARAMBA TALUK, KANNUR DISTRICT.

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BY ADVS.SRI.MAHESH V RAMAKRISHNAN SRI.S.SUJIN

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RESPONDENT(S):

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1. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM.

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2. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, NORTH ZONE, CALICUT.

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3. PAYYANUR EDUCATIONAL SOCIETY, REPRESENTED BY ITS PRESIDENT, PAYYANUR - 670 307.

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4. KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS, P.P MANGATTUPARAMBA,, KANNUR.

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*ADDL.R5 IMPLEADED

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*ADDL:R5: BHASKARAN, CHALIL HOUSE, S/O.C.CHANDU, AGED 47 YEARS, PAYYANNUR.

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*ADDL.R5 IS IMPLEADED AS PER ORDER DATED 12/6/09 IN IA.NO.7104/2009.

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R1 & R2 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER R4 BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY SRI.VIJU THOMAS, SC, KANNUR UNIVERSITY ADDL.R5 BY ADVS. SRI.JIMMY N.JOSEPH SRI.K.N.ABHILASH SMT.R.LEELA SRI.SUNIL NAIR PALAKKAT

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).NO.2442/2009

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 COPY OF THE CERTIFICATE DATED 17/1/2009 ISSUED BY THE PRINCIPAL, PAYYANUR COLLEGE, PAYYANUR TO THE PETITIONER.

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P2 COPY OF THE ORDER OF PROMOTION NO.PCP/NTS/2008 DATED 10/3/2008 PASSED BY THE 3RD RESPONDENT

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P3 COPY OF THE ORDER NO.F.5/29064/08/COLL.EDN DEPT DATED 02/01/2009 OF THE 1ST RESPONDENT

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P4 COPY OF THE ORDER DATED 7/10/1998 ISSUED BY THE 2ND RESPONDENT

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P5 COPY OF THE CATEGORY WISE SENIORITY LIST OF THE PAYYANUR COLLEGE DATED 17/9/2004.

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P6 COPY OF THE GO(RT) NO.5567/14/G.EDN DATED 15/12/2014

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RESPONDENT'S EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

P.V.ASHA J.

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W.P.(C) No.2442 of 2009

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--------------------------------------------- Dated this the 3^rd day of October, 2016

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J U D G M E N T

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Petitioner is challenging Ext.P3 order by which the Director of Collegiate Education declined approval to her promotion to the post of Lab Assistant on the ground that she does not have the requisite educational qualification of 7^th standard and was having only educational qualification upto 3^rd standard. It was further stated that for promotion to the post of Lab Assistant one should have the educational qualification of 7^th standard and should acquire the test qualification in the Attenders' test conducted by the Public Service Commission (PSC) after grant of promotion. Petitioner submits that the denial of approval to her promotion is illegal.

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Petitioner commenced her service on 01.01.1990 as a Last Grade Servant in an aided College, Payyanur Educational Agency which is under Kannur University. She was further promoted as Peon Hr. Gr. While working as Peon Hr.Gr., she was granted further promotion as Lab Assistant with effect from 1.3.2008 as per Ext.P2 order dated 10.03.2008. The promotion was granted under the provisions of Kannur University Act, 1996 and the statues thereunder. But the 1^st respondent declined approval to her promotion, as per Ext.P3 order saying that she has educational

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W.P.(C) No.2442 of 2009

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qualification of 3^rd standard alone, whereas the qualification requisite for promotion was pass in 7^th standard and on promotion she has to pass attender's test conducted by PSC within 5 chances. According to the petitioner, the order Ext.P3 of the Director of Collegiate Education declining approval, is contrary to the provisions contained in the statues which provides for the qualifications for appointment to the post of Lab Assistant.

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At the same time in the counter affidavit filed by the first respondent it is stated that the qualification prescribed for appointment to the post of Lab/Library Assistant is pass in standard 7 or equivalent or 5 years regular service under Private Colleges and pass in the Attender test conducted by the PSC for the Last Grade Servants, within 5 consecutive chances after promotion. According to the first respondent, the petitioner was not having the prescribed educational qualification as she had only 3^rd standard educational qualification; apart from that since her date of retirement was in October, 2009, she did not have the time for passing the eligibility test for the higher post of Lab Assistant. Hence the action of the Management in promoting her against the vacancy which arose on 01.03.2008 was stated as illegal.

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I heard Sri. Mahesh Ramakrishnan, the learned counsel for the petitioner and the learned Government Pleader and considered the contentions.

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W.P.(C) No.2442 of 2009

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Chapter XLVII of the Kannur University First Statues, deals

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with conditions of service of teachers and members of nonteaching staff in private colleges. Part C provides for the conditions of service of members of non-teaching staff. Under statute 43 qualification and method of appointment to various posts of nonteaching staff in Private Colleges are given. Library Assistants/Laboratory Assistants come under serial No.12 and separate qualifications are prescribed for direct recruitment and for appointment by transfer. The appointment by transfer is made from among members of last grade staff and specimen collectors employed in the Private College or Colleges; qualification prescribed are I.A.(i) Pass in Form III (Standard 7 new) or equivalent (ii) Pass in Attender's test conducted by Kerala Public Service Commission or B (i) 5 years regular service under the Private Colleges (ii) pass in Attender's test conducted by the Kerala Public Service Commission. II. Technical qualification or experience required in particular section. Under the proviso it is provided that the last grade staff who possess the qualifications except pass in Attender's test and are in regular permanent service will be eligible for appointment in the order of seniority, as Library Assistant/Laboratory Assistants and they will have to pass in one of the 5 consecutive Attender's test conducted by the Kerala Public Service Commission for the last grade staff of the

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W.P.(C) No.2442 of 2009

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Private Colleges. It further provides that those who remain unqualified even after 5 consecutive chances shall be reverted to their original posts. The relevant provision read as follows:

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“Library	Assistants/Laboratory S.S.L.	C or equivalent with a
Assistants	pass in A the Kerala Technical required departme	ttender's Test conducted by Public Service Commission. qualification or experience in the particular section, nt or institution.
	Provided t Grade Sta Collectors following appointme	hat the promotion of Last ff Attenders and Specimen of Private Colleges the shall be method of nt and the qualification

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By transfer from members of last I.A (i) Pass in Form III (Standard grade staff and specimen collectors, VII new) or equivalent employed in the private college or colleges

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(ii) Pass in Attender's test conducted by Kerala Public Service Commission

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or B (i) 5 years regular service under the Private Colleges

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(ii) pass in Attender's test conducted by the Kerala Public Service Commission. II. Technical qualification or experience required in particular section.

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Provided that the last grade staff who possess the qualifications mentioned above excepting pass in Attender's test and who were either in service on 31.1.1971 or who are in regular permanent service will be eligible for appointment in the order of seniority as Library Assistants/Laboratory Assistants. Their continuance as Library Assistants/Laboratory Assistants shall, however, be subject to their passing in one of the five consecutive Attender's tests conducted by the Kerala Public Service Commission for the last grade staff of the

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W.P.(C) No.2442 of 2009

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Private Colleges. Such of those who remain unqualified in the Attender's Test even after five consecutive chances shall be reverted to their original posts.”

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From the above provisions it can be seen that those who are having 5 years regular service under Private Colleges need not have the minimum educational qualification of either 3^rd standard or 7^th standard or pass in form III. It does not provide that such of those persons who are unable to appear for 5 consecutive chances cannot be granted promotion on account of their impending retirement.

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Moreover, the learned counsel for the petitioner points out that PSC had not been conducting any Attender's test regularly, relying on Ext.P6 order passed in the case of Lab Assistants appointed in Higher Secondary School and approval granted by the Government as per G.O.(Rt) No.5567/14/G.Edn. dated 15.12.2014 to such persons on account of the latches on the part of the Kerala Public Service Commission in conducting the Attender's test regularly. All such persons appointed were approved taking note of the fact that the Lab Assistant test was conducted by PSC only twice i.e., in the year 2007 and 2010. In the case of the petitioner she was promoted only on 01.03.2008 and she retired from service on 31.10.2009.

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Learned counsel for the petitioner also pointed out the

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W.P.(C) No.2442 of 2009

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promotions granted to two of her seniors referring to the seniority list Ext.P5, who are serial No.22 and 30 and promotion was granted to her in the vacancy which arose on account of retirement of such a person as serial No.30.

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In the above circumstances, I do not find any justification in denying approval to the promotion granted to the petitioner. Ext.P3 order cannot be sustained and hence it is quashed. The first respondent shall therefore pass fresh orders on approval in the case of petitioner in the light of the aforesaid provisions in the statute and the above observations. On such approval the petitioner would be entitled to all benefits on the basis of the promotion granted to her as per Ext.P2 and she will be entitled to all consequential benefits. It is pointed out that she continued to work as Lab Assistant till her retirement. Therefore, the retirement benefits due to her shall be re-computed on the basis of the promotion and she shall be given all the benefits including arrears of pay and revised pensionary benefits within a period of 3 months from the date of receipt of copy of the judgment.

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Sd/- P.V.ASHA, JUDGE.

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Vellora Vadakke Veettil Kamalakshi v. Director of Collegiate Education

Case brief

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Vellora Vadakke Veettil Kamalakshi v. Director of Collegiate Education

Case brief

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