High Court Kerala High Court

Susan Mathew vs Deputy Director Of Collegiate on 30 September, 2008

Kerala High Court
Susan Mathew vs Deputy Director Of Collegiate on 30 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19679 of 2008(P)


1. SUSAN MATHEW, LECTURER,
                      ...  Petitioner

                        Vs



1. DEPUTY DIRECTOR OF COLLEGIATE
                       ...       Respondent

2. THE PRINCIPAL, ST. THOMAS COLLEGE,

3. MAHATMA GANDHI UNIVERSITY,

4. GOVERNMENT OF KERALA REPRESENTED

                For Petitioner  :SRI.M.C.CHERIAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :30/09/2008

 O R D E R
                         ANTONY DOMINIC, J.

                        ===============
                    W.P.(C) NO. 19679 OF 2008 (P)
                    ====================

             Dated this the 30th day of September, 2008

                             J U D G M E N T

Petitioner is a Lecturer in the St.Thomas College, Kozhenchery.

During the period from 89-97, petitioner had rendered broken service for

various spells of time. Finally, regular appointment was given to the

petitioner, effective from 01/04/99. Taking into account the service,

including the broken service rendered by the petitioner prior to her regular

appointment, on her completion of 7 years service, senior scale was

granted to the petitioner effective from 9/2/97. This was approved by the

University as per Ext.P2. When the 1st respondent objected to the same

and sought clarification from the University, responding to the querry

raised by the 1st respondent, University gave Ext.P7 reply reiterating the

approval granted by Ext.P2 and relying on Ext.P8 Government order dated

24/12/96 in support of their stand. Despite this, the 1st respondent did not

countersign the salary bills and that led the petitioner to file this writ

petition.

2. Counter affidavit has been filed by the 1st respondent. It is

stated that entitlement of a person for higher scale commences only on

WPC 19679/08
:2 :

regular appointment and therefore petitioner could have claimed senior

scale only subsequent to 01/04/99 when she was appointed on a regular

basis. Yet another contention raised is that teachers who are continuing

without sufficient workload are not entitled to senior scale. Ext.R1(c)

Government order has been relied on in support of this plea.

3. In so far as the first objection that the petitioner could have

claimed senior scale only subsequent to 01/04/99 is concerned, I am

inclined to agree with the learned Government Pleader. As is evident from

Ext.R1(a), UGC benefits are available to those who are appointed on a

regular basis against permanent vacancies and it may be possible for the

teacher to claim that her prior service should also be reckoned. But such a

claim can be made only after regular appointment has been granted and

therefore, even if broken period of previous service should also be

counted, senior scale can be effective only after regular appointment.

4. In this case, regular appointment was granted to the

petitioner only from 01/04/99. Despite this, reckoning the broken period of

service rendered by the petitioner, senior scale has been granted to the

petitioner effective from 9/2/97. This has been approved by the University

by Ext.P2 and the 1st respondent was perfectly justified in raising a querry

on this. Therefore, this certainly is a matter for the University to

WPC 19679/08
:3 :

reconsider.

5. In so far as the other plea raised by the respondents that in

the absence of sufficient workload, the petitioner cannot claim senior

scale, I should confess my inability to accept this contention. This is all

the more so for the reason that this issue is covered against the University

by several judgments rendered by this court. Learned counsel for the

petitioner has made available before me a copy of the judgment of this

Court in WP(C) No.5533/06 where a learned Judge has overruled this

contention relying on the judgment in WA No.2594/05 dated 5/7/06. If

that be so, that objection needs to be overruled and I do so.

In the result, writ petition will stand disposed of directing that the

University shall reconsider the effective date of approval granted by Ext.P2

and depending upon the clarification to be given by the University, the 1st

respondent shall countersign the salary bills of the petitioner and effect

payment on that basis. The University shall pass orders, as expeditiously

as possible, at any rate within 6 weeks of receipt of a copy of this

judgment and based on that, without any further delay, the 1st respondent

shall do the needful in this matter.

ANTONY DOMINIC, JUDGE
Rp