IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33451 of 2005(G)
1. DR.A.B.USHA, LECTURER, SELECTION GRADE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF COLLEGIATE EDUCATION,
3. THE DEPUTY DIRECTOR OF COLLEGIATE
4. THE PRINCIPAL,
For Petitioner :SRI.C.P.SUDHAKARA PRASAD (SR.)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :05/04/2010
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.33451 OF 2005
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Dated this the 5th day of April, 2010
JUDGMENT
The petitioner was placed as Selection Grade Lecturer on
21.5.1996 under the UGC scheme on her obtaining Ph.D. The
question is as to whether her entitlement to two advance
increments on account of acquiring Ph.D. Degree would be while
as a Senior Lecturer or when she moved into the Selection Grade
Lecturer’s/Reader’s post. This issue stands directly covered in
favour of the petitioner by the judgment of this Court dated
12.7.2007 in W.P(C).11630/04. Under such circumstances, the
petitioner is entitled to succeed.
Learned counsel for the Government states that a writ
appeal has been filed against the aforesaid judgment. As of now,
it is not stated that writ appeal had at least come up for
admission, though it appears that the same is filed with an
application to condone delay. I do not find any ground to differ
WPC.33451/05.
2
from following the judgment referred to above. Under such
circumstances, this writ petition is allowed quashing Exts.P6 and
P10. The respondents are directed to fix the pay of the
petitioner without reference to Exts.P4, P6 and P10 to the extent
quashed above and to release to her all pending amounts,
including by way of annual increments etc. The provisions of
Ext.P4 would be operated only in terms of the declarations of the
law contained in the judgment dated 12.7.2007 in W.P(C).
11630/04. Let the benefits due to the petitioner be released
within a period of three months from the date of receipt of a
copy of this judgment. The writ petition is ordered accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.06/04.