Allowed

Dr.Babu Kurian & Others v. State of Kerala & Others

Kerala HC24 Jun 2016WP(C)/8353/2009

Case brief

AI extract

What is this about?

In this writ petition, employees of Mar Athanasius College of Engineering challenged orders postponing their salary increments by insisting on a 56-day duration for refresher courses required for career advancement. The Court held that Government Orders specified a 4-week duration, thereby directing respondents to approve placements from eligible dates and grant consequential benefits.

What did the court decide?

Respondents to approve placement of petitioners as Lecturers (senior scale) and Lecturers (selection grade) with effect from eligible dates and grant all consequential benefits including increments wi

Dr.Babu Kurian & Others Vs State of Kerala & Others — Education and Admissions | 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 MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 24TH DAY OF JUNE 2016/3RD ASHADHA, 1938

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WP(C).No. 8353 of 2009 (L)

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PETITIONER(S):

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1. DR. BABU KURIAN, ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL ENGINEERING, MAR ATHANASIUS COLLEGE OF ENGINEERING, KOTHAMANGALM 686 666.

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2. DR.SOSSAN GEORGE T., LECTURER (SELECTION GRADE), DEPARTMENT OF CIVIL ENGINEERING, MAR ATHANASIUS COLLEGE OF ENGINEERING, KOTHAMANGALAM 686 666

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3. THOMAS PAUL, LECTURER (SELECTION GRADE) DEPARTMENT OF CIVIL ENGINEERING DO..DO..

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4. JALEEN GEORGE, LECTURER (SELECTION GRADE), DEPARTMENT OF CIVIL ENGINEERING DO..DO..

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5. LAJU KOTTALIL, LECTURER (SENIOR SCALE), DEPARTMENT OF CIVIL ENGINEERING DO..DO..

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6. DR.SOLLY GEORGE, (LECTURER (SELECTION GRADE), DEPARTMENT OF CIVIL ENGINEERING DO..DO..

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7. JAYASREE RAMANUJAN, ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL ENGINEERING DO..DO..

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8. JESSY PAUL, LECTURER (SENIOR SCALE), DEPARTMENT OF CIVIL ENGINEERING DO..DO..

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9. MERCY JOSEPH POWETHU, ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL ENGINEERING DO..DO..

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WP(C).No. 8353 of 2009 (L)

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10. SHINEY VARGHESE, ASSISTANT PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING DO..DO..
11. LENI STEPHEN, LECTURER (SELECTION GRADE), DEPARTMENT OF CIVIL ENGINEERING, MAR ATHANASIUS COLLEGE OF ENGINEERING, KOTHAMANGALAM -66
12. ANNAMMA SHOBA JOSEPH, LECTURER (SENIOR SCALE, DEPARTMENT OF ELECTRONICS & COMMUNICATIONS ENGINEERING DO.
13. MARY JOSEPH,LECTURER (SENIOR SCALE DEPARTMENT OF ELECTRONICS AND COMMUNICATION ENGINEERING DO.
14. REMADEVI M., LECTURER (SELECTION GRADE), DEPARTMENT OF CIVIL ENGINEERING DO..DO.
15. SUREKHA MARIAM VARGHESE, LECTURER (SENIOR SCALE) DEPARTMENT OF COMPUTER SCIENCE ENGINEERING DO..DO.
16. ALEYAS M.V., LECTUTRER (SELECTION GRADE), DEPARTMENT OF ELECTRICAL & ELECTRONICS, ENGINEERING DO...DO....
17. DR. BINOY ALIAS M., LECTURER (SELECTION GRADE), DEPARTMENT OF CIVIL, ENGINEERING, DO...DO....
18. JISS PAUL, LECTURER (SENIOR SCALE) DEPARTMENT OF ELECTRONICS & COMMUNICATION, ENGINEERING DO..DO..
19. THOMAS GEORGE, ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONICS & COMMUNICATION, ENGINEERING DO....DO.
20. ACY M. KOTTALIL, LECTURER (SELCTION GRADE), DEPARTMENT OF ELECTRICAL & ELECTRONICS, ENGINEERING, DO....DO....
21. REJI MATHEW, LECTURER (SELECTION GRADE) DEPARTMENT OF MECHANICAL ENGINEERING DO...DO.

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WP(C).No. 8353 of 2009 (L)

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22.	M.A. ABRAHAM, LECTURER (SELECTION GRADE), DEPARTMENT OF MECHANICAL ENGINEERING, DO...DO....
23.	BENNY PAUL, LECTURER SENIOR SCALE DEPARTMENT OF MECHANICAL ENGINEERING, MAR ATHANASIUS COLLEGE OF ENGINEERING, KOTHAMANGALM -66
24.	ELIZABETH SEBASTAIAN, LECTURER (SELECTION GRADE), DEPARTMENT OF ELECTRICAL & ELECTRONICS ENGINEERING DO...DO.
25.	BINDU ELIAS, LECTURER (SENIOR SCALE), DEPARTMENT OF ELECTRICAL & ELECTRONICS, ENGINEERING DO...DO...
26.	SALICE PETER, ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRICAL & ELECTRONICS, ENGINEERING DO...DO...
27.	RAJAN P. THOMAS, LECTURER (SELECTION GRADE) DEPARTMENT OF ELECTRICAL & ELECTRONICS, ENGINEERING DO..DO..
28.	BENNY CHERIAN, LECTURER (SELECTION, GRADE), DEPARTMENT OF ELECTRICAL & ELECTRONICS, ENGINEERING DO..DO..
29.	DR. PAULOSE M.M., ASSISTANT PROFESSOR, DEPARTMENT OF MECHANICAL ENGINERING DO...DO....
30.	MINI M.I., LECTURER (SELECTION GRADE) DEPARTMENT OF CIVIL ENGINEERING DO...DO...
31.	ALICE T.V., LECTURER (SELECTION GRADE) LECTURER (SELECTION GRADE), DEPARTMENT OF CIVIL ENGINEERING DO..DO...
32.	ANNIE P. OOMMEN, LECTURER (SELECTION GRADE) DEPARTMENT OF ELECTRICAL & ELECTRONICS DO..DO...
33. msv/	JOSEPHKUNJU PAUL C., ASSISTANT PROFESSOR,, DEPARTMENT OF MECHANICAL ENGINEERING DO..

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WP(C).No. 8353 of 2009 (L)

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34. VINODKUMAR JACOB, ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONICS & COMMUNICATION ENGINEERING DO..DO.

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35. DR. SHAJAN KURIAKOSE,

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ASSISTANT PROFESSOR, DEPARTMENT OF MECHANICAL ENGINEERING, MAR ATHANASIUS COLLEGE OF ENGINEERING, KOTHAMANGALAM -66.

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36. DR. M.N. VINODKUMAR, READER, SCHOOL ENGINEERING, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, KOCHI 682 022.

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BY ADV. SRI.ELVIN PETER P.J.

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RESPONDENT(S):

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1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE DIRECTOR OF TECHNICAL

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EDUCATION, THIRUVANANTHAPURAM.

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3. THE SECRETARY, MAR ATHANASIUS COLLEGE ASSOCIATION AND CHAIRMAN, GOVERNING BODY, MAR ATHANASIUS COLLEGE OF ENGINEERING, KOTHAMANGALAM.

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R1 & R2 BY GOVERNMENT PLEADER SRI.BABY THOMAS R3 BY ADV. SRI.GEORGE JACOB (JOSE)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 8353 of 2009 (L)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1(SERIES) TRUE COPIES OF THE APPOINTMENT ORDERS OF THE PETITIONERS AS LECTURERS IN THE M.A.COLLEGE OF ENGG., KOTHAMANGALAM ON DIFFERENT DATES.

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P1(a) TRUE COPY OF THE ORDER DTD.14.7.1999 ISSUED BY THE COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY IN THE CASE OF 36TH EPETITIONER.

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P2 TRUE COPY OF THE ORDER G.O. DTD.27.3.1990 ALONG WITH THE APPENDIX ISSUED BY THE GOVERNMENT.

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P3(SERIES) TRUE COPIES OF THE ORDERS GIVING PLACEMENT TO PETITIONERS 1,2,7,8,9,10,14,16,20,21,22, 24, 26,27,29, 30,31,32,33 AND 36 AS LECTURERS (SENIOR SCALE) ISSUED BY THE 2ND RESPONDENT ON VARIOUS DATES.

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P4 TRUE COPY OF THE ORDER G.O. DTD.18.5.2000 ISSUED BY THE GOVERNMENT.

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P5 (SERIES) TRUE COPIES OF THE ORDERS ISSUED BY THE 2ND RESPONDENT ON VARIOUS DATES GIVING PLACEMENT TO PETITIONERS 3,4,5,6,11,12,13,15,17,18,19,23,25,28,34 AND 35, AS LECTURERS (SENIOR SCALE) ALONG WITH THE RELEVANT PAGE OF THE SERVICE BOOK.

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P6 TRUE COPY OF THE ORDER G.O. DTD.5.11.2004 ISSUED BY THE GOVERNMENT.

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P7 TRUE COPY OF THE ADDENDUM NOTIFICATION DTD.31.7.2001 ISSUED BY THE A.I.C.T.E.

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P8: TRUE COPY OF THE ORDER G.O. DTD.13.6.2008 ISSUED BY THE GOVERNMENT.

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P9 (SERIES): TRUE COPIES OF THE CERTIFICATES EVIDENCING PARTICIPATION IN REFRESHER COURSES FOR 4 WEEKS BY PETITIONERS 1,2,7,8,,9,10,14,16,20,21,22,24,26,27, 29,30,31,32,33 AND 36.

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P10 (SERIES) TRUE COPIES OF THE CERTIFICATES EVIDENCING PARTICIPATION IN REFRESHER COURSES FOR 8 WEEKS BY PETITIONERS 3,4,5,6,11,12,13,15,17,18,19,23,25,28,34 AND 35.

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WP(C).No. 8353 of 2009 (L)

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P11 (SERIES) TRUE COPIES OF THE CERTIFICATES EVIDENCING PARTICIPATION IN REFRESHER COURSES FOR 4 WEEKS APART FROM 8 WEEKS BY PETITIONERS 4,6,17,28,32 AND 34.

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P12 TRUE COPY OF THE ORDER DTD.30.12.2005 ISSUED BY THE 2ND RESPONDENT.

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P13 TRUE COPY OF THE ORDER DTD.23.1.2005 ISSUED BY THE 2ND RESPONDENT.

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P14 TRUE COPY OF THE LETTER DTD.10.4.2003 ISSUED BY THE 2ND RESPONDENT.

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P15 TRUE COPY OF THE LETTER DTD.22.2.2009 ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDN. DEPT.

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P16 TRUE COPY OF THE LETTER DTD.24.9.2007 ISSUED BY THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS:

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NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

ANU SIVARAMAN, J.

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............................................................... W.P (C) No. 8353 of 2009

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................................................................ Dated this the 24^th day of June, 2016

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JUDGMENT

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This writ petition is filed challenging Exts.P12, P13 and P14 orders to the extent they direct that Lecturers and Lecturers (senior scale) should complete the refresher course the duration of which is 56 days as well as the postponement of increments granted to the petitioners. There are further prayers to direct the respondents to approve the placement of petitioners as Lecturers (senior scale and selection grade) with effect from the dates on which they completed 5 years of service in the category of Lecturer (senior scale) and conducting the 4 weeks refresher course undergone by them.

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It is the case of the petitioners that they were appointed as Lecturers in the Engineering College of the third respondent with effect from different dates from 1982 to 1990. They became eligible for placement as Lecturer (senior scale) and Lecturer (selection grade) on corresponding dates in accordance with the length of service and the conditions prescribed in the Career Advancement Scheme. Ext.P2 Scheme

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WP(c) 8353/2009

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relating to revision pay scales of teachers of Engineering Colleges provided that Lecturers will be placed in senior scale if he or she has completed 8 years of service after regular appointment and participated in two refresher courses of summer institutes each of approximately four weeks duration or in other comparable continuing education programmes approved by the AICTE. The attendance in the refresher courses was mandatory for the placement in the senior scale. Later by Ext.P4 order dated 18.5.2000 it was provided as follows:

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3.11 Career Advancement - All Lecturers who have completed six years of service after regular appointment, participated in refresher courses or summer institutes or similar training programmes, of eight weeks (total) duration and have consistently satisfactory appraisal reports will be placed in the senior scale. For those who have M.Tech/M.E/M.Phil, the above period will be five years and for those who have Ph.D, the above period will be four years. All Lecturers (senior scale) who have completed five years of service will be placed in the Lecturers (selection grade).

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Thereafter, Ext.P7 Career Advancement Scheme for teachers of the degree level technical institutions was notified by

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WP(c) 8353/2009

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AICTE, where also, participation in summer/winter schools of total duration of four weeks or engagement in other appropriate continuing education programme of comparable quality as may be specified or approved by the AICTE was prescribed as a condition for eligibility for placement in senior scale through a procedure of selection. The same order also prescribed four weeks of summer/winter school courses for appointment from Lecturer (senior scale) to Lecturer(selection grade)/Assistant Professor. By Ext.P8 order dated 13.6.2008, Ext.P4 order was also modified by stating that duration of refresher courses as eligibility for appointment of the senior scale would be attendance in summer/winter school courses of total duration of four weeks and for placement from Lecturer (senior scale) to Lecturer (selection grade) further courses of total duration of four weeks would also be required.

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It is the case of the petitioners that they are persons who have completed eight weeks of refresher courses mandatorily prescribed by the rules in accordance with law. They had, therefore acquired all eligibility to be placed in the senior scale as well as in selection grade, since they had

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WP(c) 8353/2009

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completed all the requisite eight weeks refresher courses as evidenced by the certificates produced by them in the writ petition as Exts. P9, P10 and P11 series. By Ext.P12 order dated 30.12.2005, the Directorate of Technical Education accorded sanction for placement of the petitioners as Lecturer (selection grade). However, the date of grant of increment was mentioned against their names as “after completing short term course”. In Ext.P13 order dated 23.11.2005 placing the petitioners as Lecturer(senior scale) also, the date of first increment was postponed to a date later than the date of the petitioners’ eligibility. Ext.P14 letter issued by the second respondent to Heads of all Institutions were directed to forward documents inter alia to prove that the incumbents had completed the required period of short term course (56 days for placement in senior scale and another 56 days after placement in the senior scale). This according to the petitioners is the only reason for the delaying of their first increment in the senior scale as well as in the selection grade as was granted in Exts.P12 and P13.

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Heard Sri.T.G.Sunil, the learned counsel for the petitioner, Sri.Baby Thomas, the learned Government Pleader

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WP(c) 8353/2009

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appearing for the respondents 1 and 2 and Sri.George Jacob, the learned counsel for the third respondent, Manager.

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It is contended by the learned counsel for the petitioner that provisions of the Government Orders as well as the Career Advancement Scheme in respect of the petitioners only provides for the completion of refresher courses of four weeks duration each for placement in senior scale as well as in selection grade. The insistence that the duration of the courses should be of 56 days in each case is unsupported by any materials, it is submitted.

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A counter affidavit has been filed on behalf of the first respondent in the writ petition. The qualifications and the procedure for placement in the senior scale and in selection grade are provided in detail in the counter affidavit. However, it is further stated that as per Ext.P8 Government Order dated 13.6.2008, duration of short term courses has been cut short from eight weeks to four weeks. However, short term course is compulsory for both senior scale/selection grade. The counter affidavit proceeds on the basis that the petitioners are persons who had not completed the refresher courses of eight weeks

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WP(c) 8353/2009

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duration. It is stated in para 5 of the counter affidavit that the reduction of requirement of refresher course of eight weeks to four weeks will have effect from 13.6.2008 onwards only and that therefore by Ext.P4, which is applicable to the petitioners herein, they should have completed short term courses of eight weeks duration for placement in the selection grade.

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As a matter of fact, from the materials produced by the petitioners they are persons who have completed refresher courses of eight weeks duration. They do not claim any relaxation in that regard. Their only claim is that the insistence that the duration of the refresher courses should be 56 days each in both the cases is absent in the Government Orders in question and can therefore not be taken as a reason for delaying the increment due to them. It also the contention raised in para 5 of the counter affidavit to the effect that the requirement of completion of eight weeks of refresher courses as provided in Ext.P4 to four weeks has been done in Ext.P8. The relevant portion of Ext.P8 Government Order reads as follows:

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Duration of Refresher Courses

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Para 3.11 of the Government Order read above regarding refresher courses shall be replaced as:

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WP(c) 8353/2009

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(i) For Lecturer to Lecturer (senior scale) Summer/Winter school courses of total duration 4 weeks would be compulsory.

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(ii) For Lecturer (senior scale) to Lecturer (selection grade)/Assistant Professor, Summer/Winter school courses of total duration 4 weeks would be compulsory.

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It is therefore seen that by Ext.P8 order dated 13.6.2008 the condition that completion of summer/winter school courses of total duration of four weeks each would be compulsory for senior scale as well as selection grade has been provided. It is not in dispute that the petitioners are persons who have completed the requisite eight weeks of refresher courses. In the above circumstances, there can be no other reason for postponing the date of effect of their first increment in the senior scale and the selection grade to any date later than the dates on which they have completed the requisite four weeks each of refresher courses as provided in the Government Order. Petitioners have been granted placement taking into effect those dates by Exts. P2, P12 and P13.

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WP(c) 8353/2009

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In the above circumstances, the stipulation that they should have completed refresher courses of the duration of 56 days each, which is not supported by any materials cannot stand. The writ petition is therefore ordered directing the respondents to approve the placement of the petitioners in the senior scale as selection grade with effect from the eligible dates as provided in Exts.P12 and P13 and to grant them all consequential benefits including increments arising therefrom. Necessary orders shall be issued and consequential benefits shall be disbursed to the petitioners within four months from the date of receipt of a copy of this judgment.

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The writ petition is ordered accordingly.

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ANU SIVARAMAN JUDGE

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sks/25.6.2016

Dr.Babu Kurian & Others v. State of Kerala & Others

Case brief

What is this about?

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Dr.Babu Kurian & Others v. State of Kerala & Others

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