IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6558 of 2008(E)
1. DR. G.SOBHANA, PROFESSOR
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY
... Respondent
2. THE VICE CHANCELLOR
3. THE REGISTRAR
4. THE COMPTROLLER
For Petitioner :SRI.P.V.JAYACHANDRAN
For Respondent :SRI.K.P.MUJEEB, SC, KERALA AGRI UNIVER
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :19/02/2010
O R D E R
K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ.
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W.P. (C) Nos. 34023, 34165, 34983, 36074, 37285,
37391 & 37651 of 2007
&
128, 152, 277, 284, 412, 459, 460, 571, 572, 573,
772, 773, 1506, 2672, 4331 & 6558 of 2008
--------------------------------
Dated this the 19th day of February, 2010.
JUDGMENT
Balakrishnan Nair, J.
W.P.(C) No.6558 of 2008
The point that arises for decision in this writ petition is whether
the petitioner, who got non cadre promotion as Associate Professor
with effect from 6..4.1988, can claim that she should be treated as an
Associate Professor (cadre) with effect from the said date. The brief
facts of the case are the following.
2. The petitioner joined the service of the Kerala Agricultural
University as Junior Assistant Professor on 6.4.1978. She was
directly recruited as Assistant Professor on 26.11.1983. The pay
revision order of 1983, G.O.(P) No.515/85/Fin. Dated 16.9.1985,
implemented with effect from 1.7.1983, provided that grade
promotion shall be granted to all Government servants who
completed 10 years’ service in the entry cadre and completed 10
W.P.C Nos. 6558 of 2008 & Conn. Cases
2
years’ service in the first promoted post or 20 years’ in the entry post
and first promoted post taken together. Corresponding benefits were
extended to the teachers of the Kerala Agricultural University by the
Government. The said scheme sanctioned by the Government
provided for non cadre promotion to an Assistant Professor who has
total 10 years service including the service in the cadre of Junior
Assistant Professor. Out of the said ten years’ service, two years’
service must be in the cadre of Assistant Professor. The petitioner
became eligible for the said promotion and she was promoted as
Associate Professor (non cadre) by Ext.P1 order dated 24.11.1989
with effect from 6.4.1988. Later, the UGC/ICAR scheme was
implemented in the University with effect from 1.1.86. The details of
the scheme are contained in Ext.P8 dated 25.6.1990. The second
schedule of Ext.P8 contained the existing scales of pay and the
revised scales of pay applicable to various teaching posts. The
scales of pay of Assistant Professor and Associate Professor existing
and provided under Ext.P8 were the following:
W.P.C Nos. 6558 of 2008 & Conn. Cases
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Designation Existing Revised
Assistant Professor: 1500-60-1560-75-2685 2220-75-2500-100-4000
Associate Professor: 1950-70-2100-85-2950 3700-125-4950-150-5700
3. By virtue of the non cadre promotion as Associate
Professor, the petitioner was drawing the scale of pay of 1950-2950.
Ext.P8 scheme provided that the non cadre promotion made after
1.2.1988 should be treated as cancelled. Later, the said cut off date
was modified as 25.6.1990. The result was that the petitioner need
not forgo the benefit she obtained under the non cadre promotion, as
she was granted non-cadre promotion with effect from 6.4.1988..
4. The executive committee of the Kerala Agricultural
University on 13.3.1991 decided to induct non cadre Associate
Professors, like the petitioner, to the scale of pay of Associate
Professors, that is in the scale of pay of 3700-5700. The said
decision was approved by the General Council held on 28.11.1992.
Certain teachers of the University challenged the said decisions by
filing O.P. No.13624 of 1993 before this Court. The said O.P. was
allowed. But, later, a Division Bench of this Court reversed the said
judgment and dismissed the original petition. In the meantime, the
W.P.C Nos. 6558 of 2008 & Conn. Cases
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statutes of the Kerala Agricultural University were also amended in
the light with the UGC/ICAR scheme by Ext.P12 with effect from
6.9.1994. A few teachers similarly placed like the writ petitioner
approached this Court claiming that they should be inducted to the
cadre of Associate Professor with effect from the date they got non
cadre promotion to that post. Those writ petitions were heard and
disposed of by Ext.P13 judgment by a learned single Judge of this
Court holding that the petitioners therein are entitled to get the scale
of pay of Associate Professors with effect from 1.1.1986 or with
effect from the date they were given non cadre promotion, whichever
is later. Their claim for seniority with effect from the date of non
cadre promotion was not upheld by the learned single Judge. The
said judgment was affirmed by the Division Bench of this Court by
Ext.P14. The University carried the matter in appeal. The Apex
Court considered the entire matter and dismissed the appeal,
affirming the judgment of the Division Bench by Ext.P15.
5. The writ petitioner submits that though she was liable to be
inducted in the scale of pay of Associate Professor with effect from
6.4.1988, so far, the same has not been done. She acquired Ph.D
W.P.C Nos. 6558 of 2008 & Conn. Cases
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on 10.8.1990. But recently Ext.P5 order has been passed as per
which she was inducted to the post of Associate Professor with
effect from 24.1.1990 under the 1986 UGC scheme. As per the
same order, she was inducted into the 1996 UGC scheme with effect
from 1.1.1996. She is also granted career advancement promotion
as Professor with effect from 10.8.1998. In that context, the present
writ petition was filed challenging Ext.P5 and also claiming cadre
promotion as Associate Professor with effect from 6.4.1988 and
seeking consequential benefits in the matter of promotion to the
cadre of Professor. The prayers in the writ petition are the following:
“(a) Issue a writ of certiorari or appropriate writs,
directions or orders calling for the records leading up to
Ext.P5 and quash Ext.P5 to the extent to which the
induction granted to the petitioner as Associate
Professors with effect from 24.1.90 under 1986 UGC
Scheme and career advancement promotion to the post
of Professor granted to the petitioner is with effect from
10.8.98.
(b) Declare that the petitioner is legally entitled to get
inducted into 1986 UGC scheme as Associate Professor
in 3700-5700 pay scale with effect from 6.4.88 and to get
the career advancement promotion to the post of
Professor in Rs.16400-22400 pay scale with effect from
6.4.96 in 1996 UGC Scheme.
(c) Declare that the petitioner is legally entitled to get the
arrears of salary and other allowances with increment
W.P.C Nos. 6558 of 2008 & Conn. Cases
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with effect from 6.4.88 in Rs.3700-5700 and in Rs.16400-
22400 pay scale with effect from 6.4.96.
(d) Issue a writ of mandamus or appropriate writs
directions or orders directing the respondents 3 and 4 to
re-fix the salary of the petitioner in 3700-5700 pay scale
with effect from 6.4.88 and Rs.16400-22400 pay scale
with effect from 6.4.96, disburse the consequential
arrears and increments forthwith.”
6. The respondents have filed a counter affidavit supporting
the impugned order and also stating that the petitioner being a non
cadre promotee to the post of Associate Professor, she is not
entitled to be treated as in that cadre with effect from 6.4.1988. She
can be placed in that cadre only according to her seniority/turn and in
accordance with the norms governing the promotion to the cadre of
Associate Professor. She has been granted the due date as per
Ext.P5 and further promotion as Professor with effect from
10.8.1998. There is nothing illegal or irregular with the promotions
granted to her under Ext.P5, it is submitted.
7. We heard the learned counsel on both sides. We also
heard the learned Government Pleader appearing for the first
respondent.
8. The learned counsel for the petitioner took us through the
W.P.C Nos. 6558 of 2008 & Conn. Cases
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UGC scheme Ext.P8 and also the decisions of this Court in the case
of similarly placed persons and prayed for granting the reliefs sought
in the writ petition.
9. The learned standing counsel on the other hand submitted
that the petitioner cannot be treated as having come to the cadre of
Associate Professor with effect from 6.4.1988. She may be entitled
to the salary of that post from that date. But she is eligible to be
treated as promoted to that cadre only from 24.1.1990. Therefore,
she has been rightly placed in the cadre of Professor with effect from
10.8.1998.
10. We have considered the rival submissions made at the Bar
and went through the pleadings and materials placed on record.
Para 5.07 of Ext.P8 reads as follows:
“5.07. Promotions made before the announcement
of the revised scales of pay on 1.2.1988 by the I.C.A.R
will not be reopened. However, in such cases the benefit
of revision will be available to teachers only from the date
of promotion. The existing merit promotion scheme viz.,
assessment, norms and non-cadre promotion made after
1.2.1988 will be treated as cancelled. No such
promotion schemes shall be in vogue from the date of
issue of these orders.”
11. It is common ground that cut off date 1.2.1988 mentioned
W.P.C Nos. 6558 of 2008 & Conn. Cases
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above, has been modified as 25.6.1990. If that be so, the non
cadre promotion obtained by the petitioner on 6.4.1988 cannot be
ignored. That means, on induction to UGC/ICAR scheme, she is
entitled to get the equivalent scale of pay of the existing scale of pay
that she was drawing. She was drawing pay in the scale of pay of
Rs.1950-2950 and the corresponding scale of pay in the UGC
scheme is Rs.3700-5700. The entitlement of the petitioner to that
scale of pay is supported by Exts.P13 to P15 decisions. But, she
cannot claim seniority in the cadre of Associate Professor with effect
from 6.4.1988. For that, she has to wait for her turn. As per the
relevant scheme, with effect from the date she is found eligible for
placement in the cadre of Associate Professor, she can claim
seniority. There were several seniors of the petitioner in the cadre of
Assistant Professor who were directly recruited to that cadre. Since
they did not have service as junior Assistant Professor, while they
were waiting to complete 10 years’ service in the post of Associate
Professor for grade promotion, petitioner stole a march over them
taking advantage of her service in the cadre of junior Assistant
Professor. So, if her non cadre promotion to the grade of Associate
W.P.C Nos. 6558 of 2008 & Conn. Cases
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Professor is treated as regular, the same will affect her seniors in the
post of Assistant Professor.
12. The University has found as per Ext.P5 that her date of
eligibility for promotion as Associate Professor is 24.1.1990. If she
is treated as promoted to the cadre of Associate Professor only on
24.1.1990, her turn for Professor arises only on 10.8.1998.
Therefore, what is done under Ext.P5 is legal and valid. But she is
entitled to draw the scale of pay of Associate Professor with effect
from 6.4.1988. But that benefit will not enable the petitioner to claim
seniority in that cadre with effect from that date. If the benefits
flowing from Ext.P5 as clarified above, are not released to the
petitioner, the same shall be released to her within three months from
the date of receipt /production of a copy of this judgment.
The writ petition is disposed of as above
W.P. (C) Nos. 34023, 34165, 34983, 36074, 37285, 37391 &
37651of 2007 & 128, 152, 277, 284, 412, 459, 460, 571, 572, 573,
772, 773, 1506, 2672 & 4331 of 2008
The case of the petitioners in these writ petitions are
identical to the case of the petitioner in W.P.(C) No.6558 of 2008.
W.P.C Nos. 6558 of 2008 & Conn. Cases
10
We are told that all the petitioners in these writ petitions got non
cadre promotion as Associate Professor before 25.6.1990.
Therefore, it is ordered that the the directions in the judgment in W.P.
(C) No. 6558 of 2008 will govern these cases also.
The writ petitions are disposed of accordingly.
K.BALAKRISHNAN NAIR
Judge
P.N.RAVINDRAN
Judge
vps
W.P.C Nos. 6558 of 2008 & Conn. Cases
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