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ALEXANDER THOMAS, T. R. RAVI
State of Kerala – Appellant
Versus
Jomy John W/o Eldos – Respondent
JUDGMENT :
ALEXANDER THOMAS, J.
1. The prayers in the aforecaptioned Original Petition (KAT) filed under Articles 226 and 227 of the Constitution of India are as follows (See Page Nos. 12 and 13 of the paper book of this OP):
2. Any other order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case.”
2. Heard Sri. B. Vinod, learned Senior Government Pleader appearing for the petitioners (State of Kerala and the Director of Collegiate Education/respondents in the O.A. before the Tribunal) and Sri. Brijesh Mohan, learned counsel appearing for the sole respondent in the OP/sole applicant in the O.A. before the Tribunal (hereinafter referred for convenience as the original applicant/applicant).
3. The sole respondent herein/original applicant has filed Ext.P1 O.A. No. 691/2017 before the Kerala Administrative Tribunal, Thiruvananthapuram Bench, with the following main reliefs/prayers (See Page No. 26 of the paper book of this OP):
(ii) Declare that the
Appointment - Government collegiate service.
power of the Government to make laws determining the service conditions of its employees or amend such laws cannot confer them the power to apply such laws differently to similarly situated persons.
Point of Law : Discriminated in matter of granting benefit of placement under UGC Scheme by reckoning their earlier service in aided and self-financing institutions.
Point of Law : Where range of discretion with authorities have been cut down to such an extent that only one decision is possible, Court may specifically direct authority to act in a particular manne....
In case of disputes regarding seniority and matters connected with it by reason of any order of Government or any order of an authority subordinate to Government, representations for reconsideration ....
Prior broken service periods can be reckoned for placement under UGC guidelines, leading to discretionary reconsideration of previous decisions.
Timely submission of academic qualifications and publications is essential for faculty promotions under UGC regulations; delays in challenges to university decisions can invalidate claims.
A qualified lecturer's previous service should be recognized for promotion under UGC's Career Advancement Scheme despite prior deployment.
The central legal point established in the judgment is that the 2010 Regulations provide for the counting of previous regular service for the purposes of grant of benefits under CAS, without making a....
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