Appeals regarding denial of academic grade pay to Assistant Professors with Ph.D. The Court held that placement benefits approved before statutory amendment were not liable to review, directing respondents to disburse the dues within three months.
Petitioner granted benefit of placement with academic grade pay of 7000/- to be disbursed within 3 months of judgment.
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
MONDAY, THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940
WP(C).No. 7458 of 2018
PETITIONER:
BIBIN K JOSE AGED 34 YEARS ASSISTANT PROFESSOR,S.D.COLLEGE, ALAPPUZHA DISTRICT.RESIDING AT:KIZHAKKAYIL HOUSE,KANAM.P.O,KOTTAYAM DISTRICT-686515.
BY ADVS.
SRI.M.V.THAMBAN
SMT.THARA THAMBAN
SRI.ARUN BOSE
SRI.B.BIPIN
SRI.R.REJI
RESPONDENTS:
1 THE SECRETARY
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM,PIN-695001.
SMT.G. RENJITA, GOVERNMENT PLEADER SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.12.2018, ALONG WITH WP(C).7642/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) 7458/2018 ,WP(C).7642/2018 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.ASHA
TUESDAY ,THE 18TH DAY OF MARCH 2019 / 13TH AGRAHAYANA, 1940
WP(C).No. 7642 of 2018
PETITIONER:
POORNIMA. R AGED 36 YEARS ASSISTANT PROFESSOR, S.D COLLEGE, ALAPPUZHA DISTRICT. RESIDING AT VATHALLOOR KOYICKAL, CHEPPAD P.O, ALAPPUZHA DISTRICT
BY ADVS. SRI.M.V.THAMBAN SMT.K.G.SAROJINI SMT.THARA THAMBAN SRI.ARUN BOSE SRI.B.BIPIN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN - 695 001.
WP(C) 7458/2018 ,WP(C).7642/2018 3
5 THE PRINCIPAL S.D COLLEGE, ALAPPUZHA DISTRICT, PIN - 688 003.
6 UNIVERSITY OF KERALA PALAYAM(P.O), THIRUVANANTHAPURAM, REPRESENTED BY ITS REGISTRAR PIN - 695 034.
BY ADVS.
SMT.G.RENJITHA,GOVERNMENT PLEADER SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
S GOPINATHAN SR GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.03.2019, ALONG WITH WP(C).7458/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) 7458/2018 ,WP(C).7642/2018 4
JUDGMENT
The petitioner who was appointed as Assistant
professor in Hindi in an aided College on 19.6.2009 is aggrieved by the denial of academic grade pay which is admissible to the Ph.D holders. Petitioner acquired Ph.D on 23.5.2008. At the time of her appointment itself she was a Post Graduate in Hindi, with M.Phil as well as Ph.D. Petitioner was granted placement/promotion as per Ext.P3 order dated 12.2.2016 of the University of Kerala as Lecturer Senior Scale in Hindi and was redesignated as Assistant Professor with AGP 6000 to 7000 w.ef 19.6.2013, in accordance with UGC 1998 Regulations. It was stated there in that, UGC Regulations 2010 was adopted by the University on 23.11.2013. The Syndicate approved the placement of the petitioner w.e.f 19.6.2013 in the pay band of 15,60039,100/-. The Vice chancellor has also accorded sanction her approval of the placement as Assistant Professor with AGP 6000 to 7000 w.e.f 19.6.2013. Even though the placement was granted, petitioner was not granted the benefits.
WP(C) 7458/2018 ,WP(C).7642/2018 5
relevant discipline shall be eligible in moving to the next higher grade after completion of four years service as Assistant Professor as per clause 6.4.2. Even though Ext.P3 placement was granted,
the petitioner was not granted the benefit on the basis of the same. Certain clarifications were sought by the Deputy Director of Collegiate Education with reference to the eligibility of the petitioner for the academic grade pay in tune with the 2010 UGC Regulations.
WP(C) 7458/2018 ,WP(C).7642/2018 6
12.02.2016 University approved the placement of the petitioner with effect from 19.06.2013, stating that the University approved the UGC Regulation 2010 only from 23.11.2013. It is stated that as per the 2010 Regulations placement in AGP 7000 can be given only on satisfying other criteria like participation in refresher courses, achieving prescribed API scores as per PBAS designed under UGC Regulations. But the University approved the placement without such assessments and approval was granted under the system which existed prior to the Regulations and therefore it is liable to be cancelled.
WP(C) 7458/2018 ,WP(C).7642/2018 7
Government or the Director has taken up the matter with the University for review.
P.V.ASHA
JUDGE
ska
WP(C) 7458/2018 ,WP(C).7642/2018
8
APPENDIX OF WP(C) 7458/2018
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE CERTIFICATE AWARDED BY THE FACULTY OF SCIENCE,THE SYNDICATE OF MAHATMA GANDHI UNIVERSITY DATED 21.7.2012. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE MEETING DATED 23.11.2013 |
| EXHIBIT P3 | TRUE COPY OF THE ORDER DATED 15.02.2016 BEARING NO.ACF1/40083/2015 ISSUED BY THE 6TH RESPONDENT. |
| EXHIBIT P4 | TRUE COPY OF THE COMMUNICATION DATED 24.6.2016 ISSUED BY THE ACCOUNTS OFFICER IN FULL CHARGE OF THE 3RD RESPONDENT. |
| EXHIBIT P5 | TRUE COPY OF THE LETTER NO.F4/5669/2016 DATED 01.03.2017 ISSUED BY THE ACCOUNTS OFFICER IN FULL CHARGE OF THE 3RD RESPONDENT |
| EXHIBIT P6 | TRUE COY OF THE LETTER NO.F4/5669/2016 DATED 29.7.2017 ISSUED BY THE ASSOCIATE PROFESSOR IN FULL CHARGE OF THE 3RD RESPONDENT |
| EXHIBIT P7 | TRUE COPY OF THE REPLY UNDER THE RIGHT TO INFORMATION ACT DATED 13.03.2017 |
| EXHIBIT P8 | TRUE COPY OF THE REPRESENTATION DATED 07.12.2017 SUBMITTED BEFORE THE 1ST RESPONDENT. |
WP(C) 7458/2018 ,WP(C).7642/2018
9
APPENDIX OF WP(C) 7642/2018
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE NOTIFICATION DATED 23.5.2008 ISSUED BY THE CONTROLLER OF EXAMINATIONS, CUSAT DECLARING HER ELIGIBILITY FOR AWARD OF PH.D. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE MEETING DATED 23.11.2013. |
| EXHIBIT P3 | TRUE COPY OF THE ORDER DATED 12.02.2016 BEARING NO. ACF1/41410/2015 ISSUED BY THE 6HT RESPONDENT. |
| EXHIBIT P4 | TRUE COPY OF THE COMMUNICATION DATED 02.07.2016 ISSUED BY THE ACCOUNTS OFFICER IN FULL CHARGE OF THE 3RD RESPONDENT. |
| EXHIBIT P5 | TRUE COPY OF THE REPLY UNDER THE RIGHT TO INFORMATION ACT DATED 13.3.2017. |
| EXHIBIT P6 | TRUE COPY OF THE LETTER DT. 31.07.2017 ISSUED BY THE ASSOCIATE PROFESSOR IN CHARGE OF THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. |
| EXHIBIT P7 | TRUE COPY OF THE ORDER NO.AC.F II/GENERAL/UGC-R-2010/2018 DATED 13.11.2018 ISSUED BY THE DEPUTY REGISTRAR. |
| EXHIBIT P8 | TRUE COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT OF INDIA DATED 17.7.2018 IN SLP(C)NO.18938-18942/2017 ALONG WITH CONNECTED SPECIAL LEAVE PETITIONS. |
| EXHIBIT P9 | TRUE COPY OF THE UNIVERSITY GRANTS COMMISSION NOTIFICATION, 1998. |
| EXHIBIT P10 | TRUE COPY OF THE LETTER DATED 17.1.2019 OF THE 1ST RESPONDENT. |
3 issues framed by the court
Whether an Assistant Professor placed in Senior Scale prior to the amendment of statutes is entitled to academic grade pay benefits without retrospective review under the 6th UGC Scheme.
Whether placements made under the 5th UGC Scheme are exempted from review in light of the Government's clarification.
Whether the Petitioner is entitled to the benefits of the placement approved in Ext.P3 order dated 12.2.2016.
Colour shows how this judgement treated each authority
Supreme Court judgment regarding promotion to the post of PrincipalDistinguished¶61
Ext P8 judgment
3 provisions across 3 enactments
BIBIN K JOSE
POORNIMA R
STATE OF KERALA
SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT
DIRECTOR OF COLLEGIATE EDUCATION
UNIVERSITY OF KERALA
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
