Dismissed

State of Kerala v. a.K.Abdhul Gafoor

Kerala HC16 Nov 2020OP(KAT)/404/2020

Case brief

AI extract

What is this about?

Single bench dismissed the petition challenging the Kolathur Bench order of the Kerala Administrative Tribunal. The court held that probation declaration is not a prerequisite for placement in Senior Scale under UGC regulations and affirmed the Tribunal's ruling allowing seniority benefits from 1996.

What did the court decide?

Order dated 22-05-2019 in TA No.5475/2012 was allowed to remain effective.

State of Kerala Vs a.K.Abdhul Gafoor — Pension and Retirement Benefits | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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MONDAY, THE 16TH DAY OF NOVEMBER 2020 / 25TH KARTHIKA, 1942

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OP(KAT).No.404 OF 2020

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AGAINST THE ORDER IN TA 5475/2012 DATED 22-05-2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONERS:

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1 STATE OF KERALA REP BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA.

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2 THE ADDITIONAL DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE ADDITIONAL DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM, KERALA

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3 THE PRINCIPAL, GOVERNMENT ARTS AND SCIENCE COLLEGE, CALICUT, KERALA

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BY GOVERNMENT PLEADER

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RESPONDENT:

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A.K.ABDHUL GAFOOR

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LECTURER SELECTION GRADE IN THE DEPARTMENT OF PHYSICS, GOVERNMENT ARTS AND SCIENCE COLLEGE, CALICUT, KERALA

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BY ADV. SRI. P.C. SASIDHARAN

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OTHER PRESENT:

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SRI. P.N. SANTHOSH -SR. G.P.,

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 16.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (KAT) No.404/2020

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J U D G M E N T

DATED THIS THE 16^th DAY OF NOVEMBER, 2020

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Gopinath, J:

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This OP (KAT) has been filed by the State of Kerala and its officers challenging the order dated 22-05-2019 in TA No.5475/2012 on the file of the Kerala Administrative Tribunal, Ernakulam Bench. The respondent approached this court through WP (C) No.25369/2008 praying inter alia for a writ a certiorari to quash a communication dated 30-07-2008 through which the Additional Director of Collegiate Education found that the respondent was not entitled to senior scale placement with effect from 20-12-1996 and held that he will be entitled to placement only with effect from 20-12-1998 which is the date of declaration of probation in Government service. WP (C) No.25369/2008 was transferred to the Kerala Administrative Tribunal and was re-numbered as TA 5475/2012.

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The respondent was originally appointed as a Junior Lecturer in an aided college on 03-03-1987. He was promoted as Lecturer on 0303-1989 and in accordance with the UGC Regulations was placed as Lecturer Senior Scale on completion of 8 years of service which is evident from the service certificate dated 06-03-1997 which is on record in the Transferred Application as Ext.P1. While working as Lecturer

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OP (KAT) No.404/2020 -3-

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Senior Scale the respondent was appointed as Lecturer in the Collegiate Education Service on 20-12-1996 following selection and advice by the Public Service Commission. He was found entitled to the pay of Lecturer-Senior Scale with effect from the date of his appointment which is 20-12-1996. On completion of 12 years of service the respondent was granted further placement as Lecturer Selection Grade with effect from 20-12-2001 as per Ext.P3 proceedings of the Additional Director of Collegiate Education. It was thereafter that Ext.P5 was issued finding that the placement of the respondent in the Senior Scale with effect from 20-12-1996 is improper as the said scale could have been granted only after completion of probation in Government service.

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On a consideration of the matter the Tribunal noticed that an almost identical issue had been considered by this court in W.P (C) No.19228/2013. Following the ratio of that judgment the Tribunal allowed the Transferred Application and held that the respondent is entitled to placement in the Senior Scale with effect from 20-12-1996 and also found that on his placement in the Selection Grade with effect from 20-12-2001 as per Ext.P3 is also in order.

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We have heard Senior Government Pleader appearing for the petitioners and Sri. P.C. Sasidharan, learned counsel appearing for the respondent. The learned Senior Government Pleader would contend that

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OP (KAT) No.404/2020 -4-

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there was no question of considering the placement of the respondent as a Lecturer Senior Scale with effect from the date prior to declaration of probation in Government service. He would contend that the issue considered by this court in W.P (C) No.19228/2013 is completely different. He would contend that the Tribunal misdirected itself in law in allowing the Transferred Application following the judgment of this court in W.P (C) No.19228/2013. Sri. P.C. Sasidharan, learned counsel appearing for the respondent on the other hand submits with reference to the provisions of the UGC Scheme which is on record as Ext.P4 in the Transferred Application that the scheme does not in any manner provide that declaration of probation is a condition precedent in a situation like this. He would specifically draw our attention to the findings in paragraph 10 of the judgment in W.P (C) No.19228/2013.

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We have considered the contentions raised by either side. We notice that the Government had issued G.O (P) No.171/1999/H.Edn dated 21-12-1999 concerning the revision of scale of pay of teachers in Universities, Affiliated Colleges, Law Colleges, Engineering Colleges, Kerala Agricultural University and qualified teachers in Physical Education and qualified Librarians etc. It is not in dispute before us that previous service in an aided institution can be counted towards the completion of the prescribed period of residency for placement in the

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OP (KAT) No.404/2020

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higher grade. Clauses enumerated as 7.1. to 7.7 of Ext.P4 Government order leads us to conclude that the counting of past service together with the subsequent Government service did not envisage the discounting of the period of probation in Government service to consider whether the person concerned had completed the specified period of residency. The petitioners have no case that the respondent has attracted any of the disqualifications enumerated in Clauses 7.2 to 7.7 of Ext.P4. The only case of the petitioners is that the respondent had not completed his period of probation and he could not have been placed in the Senior Scale w.e.f a date prior to the declaration of his probation in Government service. We are unable to find any such stipulation in Ext.P4 Government order. We are of the view that if that there was any such embargo it would have found a place in the aforesaid clauses 7.1 to 7.7 which specifically deals with counting of past service. We are also of the view that this court had clearly held in the judgment in W.P (C) No.19228/2013 that the scheme does not provide for a declaration of probation as a prerequisite for placement in the Senior Scale. In paragraph 10 of the judgment in that Writ Petition, this court held as follows: -

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“…… .The scheme does not provide for declaration of probation as a prerequisite for placement under the scheme……”

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OP (KAT) No.404/2020

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We are in respectful agreement with the view taken by the learned Single Judge in W.P (C) No.19228/2013 to the extent that declaration of probation is not a prerequisite for grant of Senior Scale under Ext.P4. The original petition fails and it is accordingly dismissed. No costs.

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(Sd/-)

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A.M. SHAFFIQUE, JUDGE.

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(Sd/-) GOPINATH P., JUDGE.

AMG

OP (KAT) No.404/2020

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APPENDIX

PETITIONER'S EXHIBITS:

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ANNEXURE-A1	TRUE COPY OF THE	TAX ALONG WITH EXHIBITS
EXHIBIT P1	TRUE COPY OF THE MANAGER, PSMO COL	CERTIFICATE ISSUED BY THE LEGE
EXHIBIT P2	TRUE COPY OF THE	ORDER DATED 15.12.2001
EXHIBIT P3	TRUE COPY OF THE	PROCEEDINGS DATED 27.01.2004
EXHIBIT P4	TRUE COPY OF THE 21.12.1999	G.O(P) NO.171/99/H.EDN DATED
EXHIBIT P5	TRUE COPY OF PROC	EEDINGS DATED 30.07.2008
ANNEXURE A2	TRUE COPY OF THE 1ST RESPONDENT	COUNTER AFFIDAVIT FILED BY THE
ANNEXURE A3	TRUE COPY OF THE APPLICATION WHICH	ORDER OF THE TRANSFER WAS DISPOSED ON 22.05.2019

State of Kerala v. a.K.Abdhul Gafoor

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State of Kerala v. a.K.Abdhul Gafoor

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