Point of Law: Appointment - Government collegiate service.

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):

“1. To set aside Exhibit P4 Order dated 19.08.2019 of the Kerala Administrative Tribunal in O.A. No. 691/2017.

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):

“(i) Call for the records leading to Annexures-A3, A5 and A8 and set aside the same.

(ii) Declare that the service rendered by the applicant as Lecturer in the School of Technology and Applied Sciences under the M.G. University from 13.3.1998 to 5.12.2006 is liable to be counted for the purpose of placement in Government service as per Annexures-A2 and A9 orders.

(iii) Direct the respondents to grant placement to the applicant counting her service in the M.G. University from 13.3.1998 to 5.12.2006.

(iv) Issue such other orders as this Hon'ble Tribunal may deem fit and proper.”

4. The Tribunal as per the impugned Ext.P4 final order dated 19.08.2019 in O.A. No. 691/2017 has held that the prior service of the applicant is eligible to be counted for further placement in her subsequent appointment in Government collegiate service and that the impugned orders at Annexures-A3, A5 and A8 are set aside and quashed and that the 1st respondent therein/1st petitioner herein (State Government in the Higher Education Department) has been directed to pass orders to reckon the prior service of the original applicant for the period from 13.03.1998 to 05.12.2006 as Lecturer in the School of Technology and Applied Science, Mahatma Gandhi University, for the purpose of placement and conferment as senior scale of the Assistant Professor, which is the present post held by her in the collegiate education department of the State Government, within two months, etc. It is this final order in Ext.P8 rendered by the Tribunal in the above O.A. that is under challenge in this original petition filed by the State authorities concerned under Articles 226 and 227 of the Constitution of India.

5. The specific case of the original applicant/respondent herein is as follows:

That she had already acquired and possessed all the prescribed qualifications for holding the post of Lecturer/Assistant Professor, as to the provisions contained in the University Grants Commission (UGC) Regulations and Norms as well as the provisions contained in the University statutes and the norms issued by the Government in the special rules governing the Collegiate Education Department service, in the discipline concerned. Further that, the Mahatma Gandhi University had issued Annexure-A10 selection notification 21.03.1997 inviting applications from qualified hands for the post of Lecturer in Computer Application in the School of Technology and Applied Sciences of the said University. It has been made clear in Annexure-A10 notification that the appointment is for the period of three years on temporary basis on UGC/AICTE scales of pay, but is likely to be continued. Further, it is stipulated in Annexure-A10 that the qualification for the above post will be, as prescribed by the UGC/AICTE and the Communal reservation prescribed in the University statutes will be observed in filling up of the posts, etc. The petitioner w