IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22544 of 2008(H)
1. PROF. S. SIDHARTHAN, AGED 61,
... Petitioner
Vs
1. THE REGISTRAR,
... Respondent
2. THE DIRECTOR,
3. THE DEPUTY DIRECTOR,
4. THE MANAGER, SN COLLEGE,
5. THE PUNJAB UNIVERSITY,
For Petitioner :SRI.C.V.MANUVILSAN
For Respondent :SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY.
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/08/2008
O R D E R
K.T. SANKARAN, J.
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W.P.(C) No. 22544 OF 2008
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Dated this the 11th August, 2008
J U D G M E N T
The petitioner is an Ex-Service man., who retired from Indian Air Force as a
Corporal. It is stated in the Writ Petition that during his service in the Indian Air Force,
the petitioner has completed the Corporal course of Air Force, which is equivalent to
Pre-Degree course and that he had secured B.A. and M.A. degrees from Punjab
University . After his retirement in 1980, the petitioner had joined the service as a
Lecturer in Philosophy in the S.N. College under Sree Narayana Trust on 24.11.1982.
His appointment as Junior Lecturer was approved and his promotion as Lecturer in
1985 was also approved, it is stated. It is further stated that the petitioner passed
M.Phil course with First Class from the University of Madras during 1989-1990. Ext.P3
is the mark list issued by the Controller of Examinations of the University of Madras on
10.04.1991. The petitioner states that he completed the M.Phil course during the
period from 12.10.1989 to 10.10.1990 with the sanction of the Department of Higher
Education. The petitioner relies on Ext. P4 extract of the relevant page of his service
book in support of his contention. In 1993, it is stated that, the scale of pay of the
petitioner was fixed in the pay scale of the Lecturer, Senior Grade Scale by the Deputy
Director of Collegiate Education, as per Ext. P5 order dated 03.12.1993. Pursuant to
Ext. P5 order, the Principal, S.N.College, Cherthala fixed the pay scale of the petitioner
in the scale of pay of Lecturer, Senior Grade Scale. with effect from 01.11.1991. The
petitioner was promoted as Lecturer, Selection Grade in the year 2002 with effect
from 24.11.1997. The petitioner states that he would have been eligible for promotion
only with effect from 24.11.1998 as per his service and seniority, but for his acquiring
M.Phil degree in the meanwhile making him eligible to get one year’s weightage. It is
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averred that the first respondent refused to approve the weightage for promotion on
the basis of the petitioner’s acquiring M.Phil degree on the ground that the petitioner
had not submitted the scheme and syllabus of his previous qualification personally.
2. Though the petitioner contends that he was entitled to get the pay scale of
Lecturer, Selection Grade with effect from 24.11.1997 on his acquiring M.Phil degree
and gaining weightage of one year, he informed respondent Nos. 1 and 4 that he was
ready to relinquish his right of weightage for one year. Such a request was made in the
representation dated 24.03.2003. The Manager, as per Ext. P7 order dated
02.05.2003 revised the date of promotion of the petitioner as Lecturer, Selection
Grade with effect from 24.11.1998 by excluding the weightage. The petitioner retired
from service on 31.03.2003. on attaining the age of superannuation. It is stated that
in the Pension Payment order, the post held by the petitioner at the time of his
retirement is wrongly entered as ‘Principal’ instead of Lecturer, Selection Grade. Later,
the Accountant General clarified that the petitioner’s designation was Lecturer, Senior
Grade only, while according to the petitioner, his designation should have been
Lecturer, Selection Grade as per Ext. P7 order. The petitioner contends that though
the Management had promoted him as Lecturer, Selection Grade, the Accountant
General has wrongly mentioned the designation of the petitioner as Lecturer, Senior
Grade.
3. Pointing out his grievances, the petitioner had submitted Ext. P11
representation dated 11.09.2006 to the Registrar of the Kerala University. The
petitioner had also submitted Ext.P12 reminder to the Registrar of the Kerala University.
Exts. P11 and P12 are pending disposal.
4. The reliefs prayed for in the Writ Petition are the following:
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“i. Issue a writ of mandamus or any other appropriate writ
directing the 1st respondent to ratify the eligible promotion of the
petitioner to the post of Lecturer, Selection Grade, with effect
from 24.11.1998, without any further delay, in the interest of
justice.
ii. Issue a writ of mandamus or any other appropriate writ
directing the respondents to consider and take an action on
Exhibits P11 and P12 without any further delay by affording a
reasonable opportunity of being heard to the petitioner.
iii. Declare that the petitioner is eligible for promotion to the post
of Lecturer, Selection Grade, with effect from 24.11.1998.
iv. Pass such any other order, relief or direction as this Hon’ble
Court may deem fit in the interest of justice, equity ad good
conscience. ”
5. Learned counsel for the petitioner confines his relief to relief No.(ii) for the
time being. Accordingly, the Writ Petition is disposed of directing the first respondent
to dispose of Exhibits P11 and P12 representations as expeditiously as possible and at
any rate within a period of two months, after affording an opportunity of being heard to
the petitioner. The petitioner shall produce a copy of the Writ Petition and certified
copy of the judgment before the first respondent. The first respondent shall also hear
the fourth respondent, Manager.
K.T. SANKARAN,
JUDGE.
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