Quashed¶32

Dr. Beena George v. State of Kerala

Kerala HC1 Apr 2025WP(C)/21031/2024

Case brief

AI extract

What is this about?

Kerala High Court, Ernakulam; WP(C) 21031/2024; Dr. Beena George v. State of Kerala; Ph.D. advance increments; UGC Norms and Regulations; pay protection on promotion to Associate Professor; Deputy Director of Collegiate Education Kottayam; Ext.P5 (Order No. A5/539/2024/DDKTM dated 25.5.2024) set aside; reliance on W.P.(C) Nos.21367/2004, 31777/2015 and 8/2023; remand for reconsideration with hearing within six weeks; single judge N.Nagares h; decision dated 01.04.2025.

What did the court decide?

Ext.P5 set aside; 3rd respondent directed to reconsider the petitioner's claim in the light of W.P.(C) Nos.21367/2004, 31777/2015 and 8/2023 and pass orders within six weeks after granting an opportunity of hearing to the petitioner. ¶32

Dr. Beena George Vs State of Kerala — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶32

Issue for consideration

Whether the advance increments granted to the petitioner on awarding Ph.D. Degree, as per UGC Norms and Regulations, should be protected after her promotion as Associate Professor, notwithstanding the impugned order Ext.P5.

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Court's answer

A reading of Ext.P5 shows that the Deputy Director of Collegiate Education did not consider the law laid down by this Court in W.P.(C) Nos.21367/2004, 31777/2015 and 8/2023; accordingly Ext.P5 is set aside.

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Ratio / Principle

The 3rd respondent is directed to reconsider the petitioner's claim in the light of the judgments of this Court in W.P.(C) Nos.21367/2004, 31777/2015 and 8/2023 and pass orders thereon within six weeks, after granting an opportunity of hearing to the petitioner; the petitioner shall serve a copy of the writ petition and the said judgments on the 3rd respondent.

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Detailed headnote1 paragraphs

Advance increments on Ph.D. — protection upon promotion as Associate Professor — petitioner, while Assistant Professor, was granted three advance increments on awarding Ph.D. Degree as per UGC Norms and Regulations; increments ceased once she began receiving pay in the Associate Professor scale — this Court had held in W.P.(C) Nos.21367/2004, 31777/2015 and 8/2023 that such increments should be protected even after promotion to Associate Professor — Ext.P5 order dated 25.5.2024 of the Deputy Director of Collegiate Education, Kottayam did not indicate consideration of that law — Ext.P5 set aside — 3rd respondent directed to reconsider the petitioner's claim in the light of the said judgments and pass orders within six weeks after affording an opportunity of hearing; petitioner to serve copy of the writ petition and the said judgments on the 3rd respondent.

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2025:KER:27693

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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 N.NAGARESH

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TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947

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WP(C) NO. 21031 OF 2024

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PETITIONER:

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DR. BEENA GEORGE
AGED 59 YEARS
D/O. P.O. GEORGE (LATE),
AMPATTU HOUSE, THRIKKUDITHANAM P.O.,
CHANGANASSERY, KOTTAYAM DISTRICT,
(RETIRED ASSOCIATE PROFESSOR OF ECONOMICS,
B.K. COLLEGE, AMALAGIRI, KOTTAYAM),
PIN - 686105

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BY ADVS.
M.S.RADHAKRISHNAN NAIR
ELIZEBATH GEORGE
SATHY C.B.

¶10

RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033

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3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOTTAYAM

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2025:KER:27693

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WP(C) NO. 21031 OF 2024

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OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
VYSKARAKUNNU, KOTTAYAM,
PIN - 686001

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4THE PRINCIPAL
B.K. COLLEGE, AMALAGIRI, KOTTAYAM,
PIN - 686560

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SRI. PREMCHAND R. NAIR,SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C) NO. 21031 OF 2024
 3

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2025:KER:27693

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JUDGMENT

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Dated this the 1^st day of April, 2025

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The petitioner, while working as Assistant Professor, was granted three advance increments on awarding Ph.D. Degree. This was as per UGC Norms and Regulations. However, when the petitioner was promoted as Associate Professor, the increments were not protected. Rather, the increments ceased to exist once the petitioner started to receive pay in the pay scale of Associate Professor.

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The petitioner submits that this Court in W.P.(C)

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Nos.21367/2004, 31777/2015 and 8/2023 has held that the increments granted on awarding Ph.D. should be protected, even if the candidate is promoted to the post of Associate Professor.

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WP(C) NO. 21031 OF 2024

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2025:KER:27693

¶30

¶31

A reading of Ext.P5 does not indicate that the Deputy Director of Collegiate Education has considered the law laid down by this Court in the afore judgments.

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In the circumstances of the case, Ext.P5 is set aside. The 3^rd respondent is directed to reconsider the claim of the petitioner in the light of the judgments of this Court in W.P.(C) Nos.21367/2004, 31777/2015 and 8/2023 and pass orders thereon within a period of six weeks, after granting an opportunity of hearing to the petitioner. The petitioner shall serve a copy of the writ petition as well as the copies of the judgments mentioned above on the 3^rd respondent for compliance.

Sd/-

N.NAGARESH

JUDGE

hmh

2025:KER:27693

¶38

WP(C) NO. 21031 OF 2024

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¶40

APPENDIX OF WP(C) 21031/2024

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PETITIONER’S EXHIBITS

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Exhibit P1TRUE COPY OF THE PH.D. CERTIFICATE
ISSUED BY M.G. UNIVERSITY TO THE
PETITIONER DATED 6.8.2009

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Exhibit P2TRUE COPY OF THE RELEVANT PORTION OF
G.O.(P) NO. 58/2010/H.EDN. DATED
27.3.2010 ISSUED BY HIGHER EDUCATION
(C) DEPARTMENT

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Exhibit P3TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD AND 4TH RESPONDENTS DATED 5.3.2024

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Exhibit P4TRUE COPY OF THE JUDGMENT DATED
26.3.2024 IN W.P.(C) NO.12562/2024 OF
THIS HONORUABLE COURT

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Exhibit P5TRUECOPYOFORDERNO.
A5/539/2024/DDKTMDATED25.5.2024
ISSUED BY THE 3RD RESPONDENT

Dr. Beena George v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dr. Beena George v. State of Kerala

Case brief

What is this about?

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What the court decided

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