Allowed

Dr.Devasia M.D. v. State of Kerala

Kerala HC24 Nov 2021WP(C)/14139/2019

Case brief

AI extract

What is this about?

In this writ petition, the High Court held that a teacher holding an M.Phil. at the time of recruitment and later acquiring a Ph.D. while in service is entitled to three non-compounded advance increments for the Ph.D. as per UGC Regulations, 2010. The Court quashed a clause in a Government Order that limited such benefits and directed the respondents to grant the increments and arrears with intere

What did the court decide?

Respondents directed to award three annual increments per UGC Regulations and pay all arrears within 45 days; failure to comply entails 6.5% interest.

Dr.Devasia M.D. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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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 AMIT RAWAL

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MONDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
WP(C) NO. 14139 OF 2019

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PETITIONER:

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DR.DEVASIA M.D.,
AGED 51 YEARS,

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ASSOCIATE PROFESSOR AND HEAD, DEPARTMENT OF
ECONOMICS,NIRMALAGIRI COLLEGE, NIRMALAGIRI-670
701,RESIDING AT SHARON HOMES, NEAR NGO QUARTERS,
THRIKKAKARA P.O., ERNAKULAM DISTRICT,PIN-682 021.

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BY ADVS.
KALEESWARAM RAJ
SRI.VARUN C.VIJAY
SMT.MAITREYI SACHIDANANDA HEGDE

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RESPONDENTS:

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1STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.

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2 THE DIRECTOR OF COLLEGIATE EDUCATION, DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAURAM-695 033.

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3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, NORTH ZONE, KOZHIKODE-673 001.

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4 THE PRINCIPAL, NIRMALAGIRI COLLEGE, KUTHUPARAMABA, NIRMALAGIRI P.O., KANNUR DISTRICT,PIN-670 701.

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BY ADV JIMMY GEORGE, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.11.2021, THE COURT ON 24.11.2021 DELIVERED THE FOLLOWING:

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WP(C) NO. 14139 OF 2019 -2-

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JUDGMENT

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Petitioner through the instant writ petition has

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claimed the following reliefs:

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(i) To issue a writ of Certiorari or other appropriate Writ, order or direction calling for the records leading to Exhibits P3, P4 and P7 and quash the same.

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(ii) To declare that the Petitioner is entitled for three non compounded advance increments in the revised scale of pay at the revised rate of increment from 3011-2006 for acquiring Ph.D. in addition to the one increment granted for M.Phil which shall be given continuously in the higher pay scale.

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(iii) To issue a Writ of Mandamus or other appropriate Writ, order or direction directing the Respondents 1 to 3 to grant three non compounded advance increments to the petitioner for acquiring Ph.D. while in service with effect from 30-11-2006, in addition to the one increment granted for M.Phil and re-fix the Petitioner's salary accordingly and grant consequential benefits.

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(iv) To declare Clause 7 of Ext.P9 to the extent it is inconsistent with UGC Regulations, 2010 as void.

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Alternatively;

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(v) To issue a Writ of Mandamus or other appropriate Writ, order or direction directing the Respondents 1 to 3 to grant three non compounded advance increments to

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WP(C) NO. 14139 OF 2019 -3-

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the Petitioner for acquiring Ph.D. while in service from 30-11-2006 and re-fix the Petitioner's salary accordingly and grant consequential benefits."

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As per the facts culled out from the writ petition it is revealed that the petitioner entered in service as Lecturer in Economics (UGC Scale) in Nirmalagiri College, Kannur District on 12.12.1995, which was duly approved by the University. At the time of the entry in service as Lecturer, petitioner, was the holder of Post Graduate Degree in Economics, M.Phil and also cleared UGC NET examination. Petitioner was placed/promoted as Lecturer (Senior scale) with effect from 12.12.2000 and was with effect from 12.12.2005 placed/promoted as Lecturer (Selection Grade). While in service, was awarded Ph.D. degree by Cochin University of Science and Technology with effect from 30.11.2006 for the thesis "Economics of Human Resources Planning with Special References to Higher Education in Kerala. With effect from 12.12.2008, was re-designated as Associate Professor.

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Learned counsel appearing on behalf of the

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petitioner submitted that the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010 framed by the University Grants Commission meant for the purpose of prescribing the qualifications for appointment of teachers and other academic staffs. Clause 9 of the said Regulation deals with the incentives for Ph.D./M.Phil. and other Higher Qualifications. In view of that petitioner is entitled to three (3) non-compounded increments, while obtaining the Ph.D. during the employment. State of Kerala vide its order dated 27.03.2010 implemented UGC Pay Revision of Teachers in Universities and Affiliated Colleges in the State. Clause 10.2 of the said Government Order provided that the M.Phil. Degree holders at the time of recruitment to the post of Assistant Professor shall be entitled to two (2) non-compounded advance increments, whereas Clause 10.4 provided that the teachers who completed their

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Ph.D. while in service shall be entitled to three (3) noncompounded increments, if such Ph.D. is in the relevant subject. Clause 4.1 of the order specified that the revised rates of other allowances would/shall take with effect from 01.09.2008. Since the petitioner had M.Phil at the time of entry in service as Lecturer, was granted one advance increment. Ph.D. degree was acquired in 2006 and thus was entitled to three non-compounded increments on the basis of Ext.P1 and Government order Ext.P2. For availing such benefit the Principal of the College forwarded necessary proposal to the Deputy Director of Collegiate Education, Kozhikode vide communication dated 02.02.2015 Ext.P3. Vide another letter dated 09.08.2016 Principal of the College again reminded the Deputy Director of Collegiate Education for three (3) non-compounded increments. However, Deputy Director vide communication dated 12.07.2017 Ext.P4 informed the College that only two (2) non-compounded advance increments were sanctioned to the petitioner. Since the decision of the Collegiate was not in accordance

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with the UGC Regulations, Principal vide letter dated 24.05.2018 again submitted a proposal for grant of three (3) non-compounded advance increments in continuation to his higher pay scale of Rs.37,400-67,000 (9000 AGP) with effect from 12.12.2018 i.e., on the date the petitioner was placed/promoted as Associate Professor on completion of three years in the Lecturer (Selection Grade). Since there was no response, petitioner submitted a detailed representation Ext.P6 of entitlement of the advance increments on acquiring Ph.D.Degree i.e., on 30.11.2006, 01.09.2008 & 12.12.2008 respectively. The Deputy Director of Collegiate Education returned the proposal vide communication Ext.P7 dated 24.12.2018. The respondents have not granted the 3^rd increment by relying upon Clause 7 of the Government Order dated 03.09.2013 Ext.P9, which provides that teachers who have required both M.Phil. and Ph.D. shall be eligible for advance increments 'limited to that permissible for Ph.D. only". It is contended that the action of the respondents on account of non sanctioning of three (3) advance

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increments to the petitioner for acquiring Ph.D. while his juniors in various colleges having acquired the Ph.D. later than the petitioner are drawing higher pay is in violation of Articles 14, 16 of the Constitution of India. UGC did not limit the eligibility for advance increments that is permissible for Ph.D. to teachers as per the contents of Clause 7 of Ext.P9. It is settled law as per the judgment of Full Bench of this Court in Radhakrishnan Pillai.D (Dr.) Vs. The Travancore Devaswom Board and Others 2016 (2) KHC 119 that if the order of the Government is in deviation of UGC Regulation, UGC Regulation would prevail.

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On the contrary learned Government Pleader supported the action of the respondents by submitting that the Government Order dated 27.03.2010 Ext.P2 permitted incentives as advance increments for Ph.D. or M.Phil with specific conditions. In fact the advance increments are given to the persons possessing Ph.D.Degree awarded in the relevant discipline by the University following the process of registration, course

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work and external evaluation as prescribed by UGC. Petitioner had already availed the benefit of one advance increment at the entry level of service. The order dated 03.09.2013 Ext.P9 clarified that the teachers who had acquired both M.Phil and Ph.D. shall be eligible for advance increments limited to that permissible for Ph.D only. It is in compliance of that order, petitioner has been given two advance increments as evident from the order dated 12.07.2017 Ext.P4. Petitioner is not entitled for three advance increments as he was awarded Ph.D. degree only on 30.11.2006 i.e., in between 01.01.2006 and 31.08.2008. Petitioner never applied for rectification of the Junior-Senior anomaly as there were no teachers in Nirmalagiri college junior to the petitioner who had more pay than that of the petitioner.

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I have heard learned counsel for the parties and appraised the paper books.

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Clause 9.4 and 9.7 of UGC Regulations, 2010

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are extracted hereinbelow:

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"UGC REGULATIONS, 2010

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WP(C) NO. 14139 OF 2019 -9-

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INCENTIVES FOR Ph.D./M.Phil. AND OTHER HIGHER QUALIFICATION TO TAKE EFFECT FROM 01-09-2008

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SCHEDULE FOR CLAUSE 6.8.0

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XXXXXXXXX

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9.4.(i) Teachers who complete their Ph.D.Degree while in service shall be entitled to 3 non-compounded increments if such Ph.D. is in a relevant discipline of the discipline of employment and has been awarded by a University complying with the process prescribed by the UGC for enrolment, course work, evaluation, etc.

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(ii) However, teachers in service who have already been awarded Ph.D. by the time of coming into force of these Regulations or having been enrolled for Ph.D. have already undergone course-work as well as evaluation, if any, and only Notification in regard to the award of Ph.D. is awarded, shall also be entitled to the award of 3 non-compounded increments even if the university awarding such Ph.D. has not yet been notified by the UGC as having complied with the process prescribed by the Commission.

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XXXXXXXX

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XXXXXXXX

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9.7. Teachers who acquire M.Phil Degree or a post graduate degree in a professional course recognized by the relevant Statutory Body/Council, while in service, shall be entitled to one advance increment."

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State of Kerala while adopting the aforementioned Regulations fixed the date of

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implementation of the revised pay and allowances as per Clause 4.1 in their order dated 27.03.2010 and further adopted the conditions of awarding incentives for Ph.D/M.Phil and other higher qualifications in Clause 10.2 and 10.4 of order dated 27.03.2010. The same reads as under:

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" 4. Date of implementation of revised pay and allowance

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4.1 The revised pay and revised rates of Dearness Allowance under this Scheme shall be effective from 1.01.2006. The revised rates of other allowances such as the non-compounded advance increments shall take effect from 1.09.2008."

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“10. Incentives for Ph.D./M.Phil and other higher qualification :

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10.1 Five non-compounded advance increments shall be admissible at the entry level of recruitment as Assistant Professor to persons possessing the degree of Ph.D. awarded in the relevant discipline by a university following the process of registration, course-work and external evaluation as prescribed by the UGC.

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10.2 M.Phil degree holders at the time of recruitment to the post of Assistant Professor shall be entitled to two non-compounded advance increments.

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XXXXXXX

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10.4 Teachers who complete their Ph.D degree while in service shall be entitled to three non-compounded increments if such Ph.D. is in the relevant discipline and has been awarded by a university complying with the process prescribed by the UGC for enrolment, coursework and evaluation etc."

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The controversy arose only on the basis of the Government Order dated 03.09.2013 wherein, in supersession of the clarification orders viz-a-viz earlier Government Order dated 19.07.2012 and 19.01.2013 as per reference No.2 & 4, Clause 7 limited the benefit of advance increment in the following manner:

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"7. Teachers who have acquired both M.Phil and Ph.D shall be eligible for advance increments limited to that permissible for Ph.D. only"

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3rd respondent Deputy Director of Collegiate Education vide order dated 12.07.2017 Ext.P4 granted only two advance increments to the petitioner in the following manner. The contents of the letter reads as under:

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Name & Designation	Date of Effect	Pay before Advance Increment	Rate of Increme nt	Pay after Advance Increment	Date of next Increment
Dr.Devasia M.D. Asso.Professor	30.11.2006	23230+8000 AGP	420x2= 840	24070+8000 AGP	01/07/ 2007
Dr.Devasia M.D. Asso.Professor	01/09/2008	25140+8000 AGP	994x2= 1990	27130+8000 AGP	01/07/ 2009

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On juxtaposition of the UGC Regulations and Exts.P1 & P2 adoption of UGC Regulations by the Government, there was no such ambiguity or anomaly in granting revised annual increments to the holder of M.Phil and acquisition of Ph.D. during the service. Language of Clause 7 of the order Ext.P9 is wholly preposterous and in-comprehensive. It cannot be restrictive viz-a-viz Ph.D. It is a matter of record that the petitioner while entering in service was holder of M.Phil and was granted the benefit. But that does not mean that he would be entitled only to one increment on account of acquisition of Ph.D Degree while in service. The language of UGC Regulations cannot be restricted in the manner and mode as per Clause 7 & 9. The same is wholly uncalled for. Clause 10.2.& 10.4 of the Government adopting the UGC Regulations also envisage that the teachers who completed Ph.D Degree while in service shall be entitled to three non-compounded increments if the Ph.D. is in the relevant discipline. Thus the action of the respondents in declining the same is totally hollow and opaque much less

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irrational and accordingly the order Ext.P9, to the extent it limits the eligibility of Ph.D., is hereby quashed.

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Writ petition is allowed. Respondents are directed to award three annual increments strictly as per the UGC Regulations 9.4 & 9.7 adopted by the Government as per the Clauses 10.2 & 10.4 and pay all the arrears within a period of 45 days from the date of receipt of a certified copy of the judgment. In case it is not complied within the aforementioned period it shall entail interest of 6.5% to be recovered from the officer responsible who had not complied with the direction of this Court.

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Sd/-

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AMIT RAWAL JUDGE

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vv

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WP(C) NO. 14139 OF 2019 -14-

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APPENDIX OF WP(C) 14139/2019

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PETITIONER EXHIBITS

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`EXHIBIT P1`	`THE PHOTOCOPY OF THE UGC REGULATIONS,` `2010 -INCENTIVES FOR PH.D/M/PHIL AND` `OTHER HIGHER QUALIFICATIONS (CLAUSES` `9.1 TO 9.12) UNDER THE UNIVERSITY` `GRANTS COMMISSION(MINIMUM` `QUALIFICATIONS FOR APPOINTMENT OF` `TEACHERS AND OTHER ACADEMIC STAFF IN` `UNIVERSITIES AND COLLEGES AND OTHER` `MEASURES FOR THE MAINTENANCE OF` `STANDARDS IN HIGHER EDUCATION )` `REGULATIONS, 2010`
`EXHIBIT P2`	`THE PHOTOCOPY OF THE G.O(P)` `NO.58/2010/H.EDN.DATED 27.03.2010` `ISSUED BY THE 1ST RESPONDENT`
`EXHIBIT P3`	`THE PHOTOCOPY OF THE LETTER NO.C4-` `7657/14 DATED 2.02.2015 ISSUED BY THE` `3RD RESPONDENT TO THE 4TH RESPONDENT`
`EXHIBIT P4`	`THE PHOTOCOPY OF THE LETTER NO.C4-` `5628/16 DATED 12.07.2017 ISSUED BY THE` `3RD RESPONDENT TO THE 4TH RESPONDENT`
`EXHIBIT P5`	`THE PHOTOCOPY OF THE LETTER` `NO.G1/124/18 DATED 24.05.2018 ISSUED` `BY THE 4TH RESPONDENT TO THE 3RD` `RESPONDENT`
`EXHIBIT P6`	`THE PHOTOCOPY OF THE REPRESENTATION` `DATED 20.12.2018 SUBMITTED BY THE` `PETITIONER TO THE 4TH RESPONDENT`
`EXHIBIT P7`	`THE PHOTOCOPY OF THE LETTER NO.C4-` `4846/18 DATED 24.12.2018 ISSUED BY THE` `3RD RESPONDENT TO THE 4TH RESPONDENT`
`EXHIBIT P8`	`THE PHOTOCOPY OF THE LETTER` `NO.G1/718/19 DATED 19.01.2019 ISSUED` `BY THE 4TH RESPONDENT TO THE` `PETITIONER`
`EXHIBIT P9`	`THE PHOTOCOPY OF THE G.O(MS)` `NO.597/2013/H.EDN DATED 03.09.2013`
`Exhibit P10`	`TRUE ENGLISH TRANSLATION OF EXT.P5.`
`Exhibit P11`	`TRUE ENGLISH TRANSLATION OF EXT.P7.`
`Exhibit P12`	`TRUE ENGLISH TRANSLATION OF EXT. P8.`

Dr.Devasia M.D. v. State of Kerala

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Dr.Devasia M.D. v. State of Kerala

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