Allowed

Dr.K.R.Lavanya, v. State of Kerala

Kerala HC11 Jun 2019WP(C)/13986/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition seeking the fifth non-compoundable advance increment for an Assistant Professor. Relying on prior judgments, the court directed the respondents to grant the increment with effect from September 1, 2008, along with unforeseen benefits within four months.

What did the court decide?

The court directed respondents to grant the fifth non-compoundable advance increment w.e.f. 1.9.2008 and all consequential benefits to the petitioner within four months of receipt of this judgment.

Dr.K.R.Lavanya, Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2019)

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W.P(c).No.13986/19

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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 11TH DAY OF JUNE 2019 / 21ST JYAISHTA, 1941

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WP(C).No.13986 of 2019

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PETITIONER:

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DR.K.R.LAVANYA, AGED 43 YEARS D/O. RAMAKRISHNA PANICKER, HEMALAYA, THURAVOOR, ALAPPUZHA 688 532. (WORKING AS ASSISTANT PROFESSOR OF HINDI IN S.N COLLEGE, CHERTHALA.

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BY ADV. SRI.M.S.RADHAKRISHNAN NAIR

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM 695 001.

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3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM 682 011.

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SR. GOVERNMENT PLEADER NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(c).No.13986/19

P.V.ASHA, J.

W.P(C) No.13986 of 2019-W

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Dated this the 11^th day of June, 2019

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JUDGMENT

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The petitioner claims the fifth non-compoundable advance increment as she had acquired Ph.D at the time of recruitment to the post of Assistant Professor. It is stated that 4 non compoundable advance increments were granted to her as per Ext.P2 order in the year 2013. The petitioner seeks the 5^th non-compoundable advance increment.

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The issue raised by the petitioner is covered by Ext.P10 judgment which was rendered following the judgment in W.P(c).No.32534 of 2014 as well as W.A.No.1859 of 2017. The petitioner is also entitled to the benefit of those judgments and she will be entitled to one more non-compoundable advance increment w.e.f 1.9.2008.

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Accordingly, the Writ Petition is disposed of directing the respondents to see that the fifth non-compoundable advance increment w.e.f 1.9.2008 and all consequential benefits are granted to the petitioner within a period of four months from the date of receipt of a copy of this judgment.

rtr/

W.P(c).No.13986/19

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE DATED 3-9-2013.	G.O(MS) NO. 597/2013/H.EDN
EXHIBIT P2	TRUE COPY OF THE RESPONDENT DATED	ORDER ISSUED BY THE 3RD 15-05-2014
EXHIBIT P3	TRUE COPY OF THE G.O(P) NO. 58/20	RELEVANT PORTION OF THE 10/H.EDN DATED 27-3-2010.
EXHIBIT P4	TRUE COPY OF THE ORDER NO. 1-32/2 GOVERNMENT OF IN	RELEVANT PORTION OF THAT 006-U.II/UI(i) ISSUED BY DIA DATD 31-12-2008
EXHIBIT P5	TRUE COPY OF THE UGC REGULATION.	RELEVANT PORTION OF THE
EXHIBIT P6	TRUE COPY OF THE 32534/2014 DATED	JUDGMENT IN W.P(C) 13-1-2017.
EXHIBIT P7	TRUE COPY OF THE 1859/2017 DATED	JUDGMENT IN W.A NO. 11-10-2017.
EXHIBIT P8	TRUE COPY OF THE IN W.A NO. 1859/	ORDER IN R.P NO. 99/2018 2017 DATD 12-3-2018.
EXHIBIT P9	TRUE COPY OF THE DATED 19-07-2018	ORDER NO. 1406/2018/H.EDN. .
EXHIBIT P10	TRUE COPY OF THE 8022/2019 DATED	JUDGMENT IN W.P(C) NO. 2-4-2019.

Dr.K.R.Lavanya, v. State of Kerala

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Dr.K.R.Lavanya, v. State of Kerala

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