IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31758 of 2010(T)
1. DR.C.R.VINODKUMAR, READER, IN CHEMISTRY,
... Petitioner
Vs
1. DIRECTOR OF COLLEGIATE EDUCATION,
... Respondent
2. ACCOUNTANT GENERAL (A&E),
3. SENIOR ACCOUNTS OFFICER,
For Petitioner :SMT.P.V.ASHA
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/11/2010
O R D E R
K.T.SANKARAN, J.
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W.P.(C).No.31758 OF 2010
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Dated this the 4th day of November, 2010
JUDGMENT
The reliefs prayed for in the Writ Petition
are the following:
“a. issue a writ of mandamus or other
appropriate writ, order or direction
directing the respondents to re-fix the pay
of petitioner after granting him advance
increments in terms of Ext.P4 and P7
judgments and disburse the entire arrears due
to him along with interest at the rate of 12%
per annum on arrears due to him based on such
re-fixation;
b. issue such other directions as this Hon’ble
Court may deem fit and proper;
c. Grant the costs of this petition.”
2. A statement dated 3rd November, 2010 is
filed on behalf of the first respondent. For the
sake of convenience, the statement is quoted below:
“1. The petitioner acquired Ph.D on 20.9.1997 and
his grievance is that he is denied advance
increment due to him on acquiring Ph.D.
W.P.(C).No.31758 OF 2010 2
2. The petitioner had filed WP(C) No.34803/2004
before the Hon’ble High Court of Kerala.
Considering the judgment of the Hon’ble High
Court of Kerala, the department verified the
admissibility of Advance Increment to the
petitioner and requested the 2nd respondent to
sanction him Advance increments with effect
from 20.9.1997, through letter No.U.G.C Cell 3
(2) 13217/05 dated 6.5.2005. The copy of the
letter was served to the petitioner also.
3. The petitioner brought before the attention of
the department that he is still in not receipt
of the benefit of advance increments through
his letter dated 13.6.2009. Consequent on the
receipt of the representation from the
petitioner, a request was made to 2nd
respondent about non-fixation of pay by adding
the advance increments. The 2nd respondent
vide letter dated 22.9.2010 informed the
respondent that authorization slip can be
issued only on receipt of Departmental orders
sanctioning advance increments to the
petitioner.
4. The request dated 13.6.2009 submitted by the
petitioner was examined in detail. The
petitioner’s request was that he is entitled
to get two advance increments with effect from
20.9.1997, ie on the date of awarding his Ph.D
Degree. Having found that he is entitled for
the benefit from 20.9.1997, the same was
allowed by proceedings dated 19.10.2010, also
requested the 2nd respondent to make pay
fixation in accordance with the above
proceedings. Copy has been sent to the 2nd
respondent and to the petitioner also. True
copy of the order dated 19.10.2010 is produced
herewith and marked as Annexure-R1(a).”
3. In view of the statement filed and in view
of Ext.R1(a) order dated 19.10.2010, the only order
W.P.(C).No.31758 OF 2010 3
that is required is to issue a direction to the
Accountant General (Second respondent) to re-fix
the pay of the petitioner and to disburse the
benefits. Accordingly, there will be such a
direction to the second respondent. The second
respondent shall pass appropriate orders within a
period of one month from the date of receipt of a
copy of the judgment.
K.T.SANKARAN,
JUDGE.
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